The Third Department, affirming defendant’s conviction, determined a defendant may validly waive an appeal from a jury verdict: … “[A] defendant may waive his or her right to appeal from a jury verdict” … . The People set forth the terms of the postverdict agreement on the record, including that defendant would waive his right to appeal […]
The Third Department determined claimant in this slip and fall case did not meet the pleading requirements of Court of Claims Act 11 and her claim was therefore properly dismissed. Although claimant submitted an aerial map in opposition to the motion to dismiss, only the information in the claim need be considered: Court of Claims […]
The Third Department determined that the youthful offender adjudication for one charge did not require the court to adjudicate defendant a youthful offender for an unrelated charge, even though both charges were subject to a joint plea agreement: Defendant’s primary contention is that County Court, having adjudicated him as a youthful offender on the unrelated charge, […]
The Third Department, reversing Family Court, determined the court was without authority to issue a resettled order which substantially changed the original order. The original order, which was issued in the absence of testimony, provided that mother’s mental health and substance abuse problems be monitored by the Monroe County Probation Department. The Department declined because […]
The Third Department determined the denial of Workers’ Compensation benefits was proper because claimant did not obtain the Workers’ Compensation carriers consent before settling a third-party action arising from the traffic accident: “Workers’ Compensation Law § 29 (5) requires either the carrier’s consent or a compromise order from the court in which a third-party action is pending […]
The Third Department determined statements posted on an election-related Facebook page by defendant, a Sheriff running for County Executive, concerning plaintiff, a Deputy County Executive also running for County Executive, were actionable in this defamation case. The court noted that the defendant’s appeal of the denial of his motion to strike certain paragraphs of the […]
The Third Department determined that the village planning board had the authority to reaffirm a subdivision and site plan approval based upon new evidence, despite the fact the plan had previously been rescinded: Petitioners argue that the Village Planning Board lacked the authority to reaffirm the 2010 subdivision and site plan approval. We disagree. “Despite […]
The Second Department determined there was conflicting evidence whether a particular vehicle (owned by McRae) was involved in a hit and run accident involving a parked car in which Williams and Shields were sitting. The alleged registration number matched that of the McRae vehicle which was insured by Liberty Mutual. However, there was evidence the […]
The Second Department, reversing Supreme Court, determined that the reformation of the insurance contract to reduce the bodily injury coverage limits from $250,000 to $80,000 was unenforceable because the change was made after the traffic accident occurred: In December 2011, the plaintiff allegedly was injured when a vehicle in which he was a passenger was […]
The Second Department, reversing Supreme Court, determined defendants’ motion for summary judgment in this slip and fall case should not have been granted. Plaintiff was jogging when she tripped over a raised edge of a depression in the roadway. The defect was surrounded by orange markings: The evidence demonstrated that [defendant] was in the process […]
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