The First Department determined the damages awarded the 69-year-old plaintiff for past and future pain and suffering were too high: Judgment … upon a jury verdict, which … awarded plaintiff $1.2 million for past pain and suffering, $1 million for future pain and suffering over 10 years, $255,582 for future medical expenses, and $250,000 for […]
Although the error was deemed harmless, the First Department determined the cross-racial identification jury instruction should have been given: The trial court denied defendant’s request for a charge on cross-racial identification. Since then, the Court of Appeals decided People v Boone, which held that “when identification is an issue in a criminal case and the identifying […]
The Court of Appeals, in a full-fledged opinion by Judge Feinman, determined that a bond issuer is not obligated to pay interest once a claim for the principal is time-barred: The United States Court of Appeals for the Second Circuit has asked us to decide … “[i]f a bond issuer remains obligated to make biannual interest […]
The Court of Appeals, in a full-fledged opinion by Judge DiFiore, determined that the NYS Authorities Budget Office (ABO) properly required the Madison County Industrial Development Agency (MCIDA) and the related Madison Grant Facilitation Corporation (MGFC) to file separate reports pursuant to the Public Authorities Accountability Act (PAAA) and the Pbblic Authorities Law. MCIDA had […]
The Second Department, ordering a new hearing, determined father was deprived of is right to counsel in a contempt proceeding stemming from his failure to pay child support: A respondent in a contempt proceeding before the Family Court “has the right to the assistance of counsel,” including “the right to have counsel assigned by the […]
The Second Department, reversing Surrogate’s Court, determined the short form power of attorney executed in 2015 by Delaney, an allegedly disabled person, was valid and allowed the attorney-in-fact, Pacchiana, to set up a supplemental needs trust for Delaney: To be valid, a statutory short form power of attorney must “[b]e signed and dated by a principal […]
The Second Department, reversing the condemnation of a parcel of land owned by the city, determined that the proposed new use of the land would interfere with its current public use as a bus depot, a violation of the prior public use doctrine: … [T]he proposed condemnation is prohibited under the doctrine of prior public use. […]
The Second Department, reversing Supreme Court, determined defendant’s motion for summary judgment in the escalator slip and fall case should not have been granted: The defendant’s submissions, which included a transcript of the plaintiff’s deposition testimony, failed to eliminate all triable issues of fact as to whether the defendant had actual or constructive notice of […]
The Second Department, reversing Supreme Court, determined defendant driver was entitled to summary judgment in this traffic accident case. Defendant driver (Kim) had only two seconds to react when a forklift entered the roadway blocking the right-of-way: “A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that […]
The Second Department, reversing Supreme Court, determined defendant’s motion for summary judgment in this medical malpractice action should have been granted because the plaintiff’s expert affidavit was conclusory and speculative. The court noted that plaintiff’s expert raised an issue that was not discernable from the plaintiff’s bill of particulars and therefore should not have been […]
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