The Fourth Department noted that the term “serious injury” not “injury” should be used on a verdict sheet in a case involving Insurance Law 5102: … [W]e … note that the first question on the verdict sheet — i.e., “[w]as the accident . . . a substantial factor in causing an injury to [plaintiff]?” — […]
The Fourth Department, reversing Supreme Court’s grant of summary judgment to defendant, over an extensive dissent, determined the notice of appeal did not restrict the appeal to the denial of plaintiff;s cross motion for summary judgment, but rather encompassed the appeal of the grant of summary judgment dismissing the complaint: … [W]e reject the assertion […]
The Fourth Department reduced defendant’s sentence after trial, in part because it was so much greater than the sentence offered in exchange for a plea: … [T]he aggregate sentence of 60 years, which is statutorily reduced to 50 years (see Penal Law § 70.30 [1] [c], [e] [vi]), is unduly harsh and severe. Defendant has no prior […]
The Fourth Department determined Town Court properly ordered the euthanasia of respondent’s dog, Wally, after the dog broke free, ran into petitioner’s yard, and repeatedly bit a three-year-old girl. The dissenter argued the proof did not demonstrate the child suffered serious injury within the meaning of the Agriculture and Markets Law: Respondent does not dispute […]
The Fourth Department, over a dissent, determined the sole proximate cause of plaintiff’s burn injuries was a guest’s (Gray’s) pouring kerosene onto an active fire in a fire pit at defendants’ home. All parties were adults. The mere presence of kerosene at the home did not constitute a dangerous condition. The dissenter argued defendant-parent did […]
The Fourth Department, reversing (modifying) Supreme Court, over a two-justice dissent, determined defendants demonstrated they were entitled to summary judgment under the storm in progress rule. The dissenters argued there was a question of fact whether the icy condition was there before the storm: … [W]e conclude that defendants established as a matter of law […]
The Fourth Department, reversing County Court, determined a hearing was required on defendant’s motion to vacate his conviction on ineffective assistance grounds. The motion alleged that defense counsel did not adequately investigate alibi witnesses. The Fourth Department also held that County Court properly found a witness’s recantation of trial testimony unbelievable: In recognition of the […]
The Fourth Department determined claimant’s wrongful conviction action was properly dismissed because claimant’s judgment of conviction was not vacated on a ground enumerated in the Court of Claims Act: … [T]he County Court Judge averred that he vacated claimant’s judgment pursuant to CPL 440.10 (1) (f) “and/or” CPL 440.10 (1) (h). More specifically, the County […]
The Fourth Department, reversing Supreme Court, over a concurrence, determined that defendants’ attorneys, Rupp Baase, should not have been disqualified because the firm had represented a nonparty trustee of plaintiffs on an unrelated matter. The concurrence argued the matter was not justiciable because the court was asked to decide whether there was a conflict of interest […]
The Fourth Department, reversing Supreme Court, determined plaintiff was not entitled to summary judgment in this Labor Law 240 (1), 241 (6) and 200 action. There were questions of fact about how the accident happened, whether the plaintiff was employed by a defendant, whether that defendant was employed by the owner, and whether defendant had […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy