The Fourth Department, reversing Supreme Court, determined that defendants’ motion for summary judgment in this products liability action should have been granted. Plaintiff “was working inside of a piece of farm equipment known as a grain cart, she lost her footing and her right leg became caught in a rotating auger.” A steel safety guard […]
The Fourth Department, reversing (modifying) Supreme Court, determined that defendants’ motion for summary judgment in this slip and fall case should not have been granted. The cause of the fall was not based upon pure speculation. Plaintiff fell stepping out of a bath tub at a hotel: … [D]efendants submitted plaintiff’s deposition testimony, which, when […]
The Fourth Department determined petitioner did not have standing to seek a State Environmental Quality Review Act (SEQRA) review of one-day squirrel hunting event put on by a volunteer fire department: Prior to 2017, the one-day hunting contests at issue had been held annually by respondent as fundraisers, with prizes having been awarded based on […]
The Fourth Department determined Supreme Court did not make the appropriate findings in support of imposing electronic monitoring as a condition probation. The matter was sent back. The court noted that the issue involves the legality of the sentence and therefore need not be preserved for appeal: A sentencing court imposing probation may require the […]
The Fourth Department, in a full-fledged opinion by Justice NeMoyer, determined that the declaratory judgment action was not subject to the four-month statute of limitations for Article 78 actions. The plaintiff and defendant are private parties who own land on opposite sides of Cady Road. A portion of the Cady Road was declared discontinued and […]
The Fourth Department, reversing Supreme Court, over an extensive dissent, determined (1) defendants’ oral application requesting a jury trial, made one day late, should have been granted, and (2) the appeal from a final judgment allows an appeal of the denial of the late application for a jury trial, even though no formal motion on […]
The Fourth Department determined the evidence of child maltreatment was insufficient and the “indicated” report maintained in the New York State Central Register of Child Abuse and Maltreatment should be amended to unfounded and sealed: At the fair hearing, DSS had the burden of establishing by a fair preponderance of the evidence that petitioner maltreated […]
The Fourth Department, reversing Family Court, determined that the evidence of excessive corporal punishment warranted a finding of neglect: A party seeking to establish neglect must establish, by a preponderance of the evidence, ” first that [the] child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and […]
The Fourth Department, reversing the attempted murder convictions, determined the evidence did not demonstrate that the defendant came near enough to accomplishing murder to support the convictions. The defendant, who was in jail, gave detailed instructions to kill his wife and her mother to another inmate, who immediately informed jail authorities: “Acts of preparation to […]
The First Department determined that a child’s testimony stricken from a Family Court Act 1028 proceeding can be admitted in a Family Court Act 1046 (a)(vi) child abuse proceeding: On the merits, this appeal raises the issue of whether a child’s testimony stricken from a hearing pursuant to Family Ct Act § 1028 may be considered […]
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