The Second Department, reversing Supreme Court, determined that, although defendant’s answer in this slip and fall case had been struck, the defendant should not have been precluded from presenting evidence on damages: … Supreme Court … struck the answer and scheduled an inquest on the issue of damages. At the inquest, following direct testimony by […]
The First Department, in full-fledged opinion by Justice Kern, over a two-justice dissent, reversing Supreme Court, determined that an individual corporate officer cannot be held strictly liable under the New York City Human Rights Law (HRL) for sexual discrimination unless the officer encouraged, condoned or approved the conduct. Here the plaintiff did not demonstrate the […]
The First Department, reversing Supreme Court, determined the Ohio trustee’s request for payment under a 1986 royalty agreement with the New York plaintiff did not confer jurisdiction upon New York, even though the contract included a New York choice of law provision: The trustee’s requests from Ohio, by letter, telephone, and/or email, to plaintiff in […]
The First Department, reversing defendant’s conviction and ordering a new trial, determined defendant had requested an attorney in Nevada and, upon being returned to New York, was questioned without waiving his right to counsel in the presence of counsel. Therefore the statements should have been suppressed: Defendant’s motion to suppress his incriminating written and videotaped […]
The Third Department, ordering new hearing, determined petitioner’s request to call witnesses should not have been denied: … [T]he Hearing Officer improperly denied petitioner’s request to call as witnesses the two inmates who were housed on each side of his cell, as their potential testimony was highly relevant to petitioner’s defense that he was in […]
The Third Department, reversing Supreme Court, determined the petition by one of respondent’s daughters, seeking to be appointed guardian, should not have been denied without a hearing. Respondent is 89 and has been diagnosed with dementia and Alzheimer’s disease and lives with her other daughter, Elizabeth ZZ. Petitioner alleged that Elizabeth had been prohibiting communication […]
The Third Department, ordering a new hearing, determined the petitioner’s request for a videotape of the alleged misbehavior-incident should have been looked into by the hearing officer. The hearing officer asserted no videotape existed, but a document indicated a videotape had been preserved: Petitioner requested the videotape from his employee assistant and at the hearing. […]
The Third Department determined Supreme Court properly denied petitioner’s request to disqualify New York City’s choice for an arbitrator in this Taylor Law action brought after the petitioner (Patrolmen’s Benevolent Ass’n) and NYC were unable to negotiate a collective bargaining agreement. Petitioner argued the chosen arbitrator (Linn) should be disqualified as biased: When CPLR 7511 […]
The Second Department, reversing defendant’s conviction, determined the denial of defense counsel’s slightly late peremptory challenge to an unsworn juror was an abuse of discretion: The court named prospective juror number one to be assigned a seat and said, “We now have ten, need two. Looking at Chavez – -,” when defense counsel interrupted, stating […]
The Second Department determined defendant-purchasers’ motion to dismiss the complaint seeking specific performance of a real estate purchase agreement was property granted. The agreement was subject to attorney approval and defendants’ attorney disapproved the contract either seven or nine days after the agreement was executed. There was no time-limit for attorney approval in the agreement, […]
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