The Second Department determined the defendant’s CPLR 4401 motion to dismiss the complaint after trial in this defamation action was properly granted. The statements were deemed to be protected by qualified privilege: The parties are members of the faculty of the School of Business at Medgar Evers College (hereinafter MEC), a college of the City […]
The Second Department determined the defendant did not demonstrate the absence of constructive notice of the condition of the stairway where plaintiff allegedly slipped and fell. Therefore defendant’s motion for summary judgment should not have granted on that ground. However, although Supreme Court didn’t rule on the issue, the Second Department held that defendant’s motion […]
The Second Department determined the testimony of the People’s DNA expert violated defendant’s right to confrontation. The error was deemed harmless however: … [T]he Supreme Court should not have admitted, over the defendant’s objection, the testimony of the People’s DNA expert, as such testimony violated the defendant’s right to confrontation… . In order to satisfy the Confrontation […]
The Second Department, reversing Supreme Court, determined the judge should not have, sua sponte, dismissed the foreclosure action when plaintiff bank attempted to bring previously filed documents into compliance with subsequent administrative orders: “A court’s power to dismiss a complaint, sua sponte, is to be used sparingly and only when extraordinary circumstances exist to warrant […]
The Second Department, reversing Supreme Court, determined that plaintiff’s motion to deem a late notice of claim timely served should have been granted. The attempt to serve the notice of claim was three years late. Plaintiff, who was born in 2010, brought a medical malpractice action alleging the city hospital was negligent by sending plaintiff’s […]
The Second Department, reversing the over $1.8 million verdict in this property damage case, determined that the trial judge did not give the proper jury instruction. There was evidence that the water damage during Hurricane Sandy could have been caused by water which backed up in the sewers, which was covered by the police, or […]
The Second Department, modifying Supreme Court, determined that plaintiff, the children’s guardian, stated causes of action against the foster care agency, Graham Windham, for negligent placement of the children and for loss of services of the children and expenses for care and treatment of the children: “Counties and foster care agencies cannot be vicariously liable […]
The First Department determined the statute of limitations was not tolled by the motion to amend the complaint, which was made before the statute ran, because the supplemental summons was not attached to the motion papers: Although plaintiffs sought leave to amend the complaint before the applicable statute of limitations had expired, their motion did […]
The First Department sent the matter back to the SORA court for further consideration of the request for a downward department where defendant was convicted of statutory rape: In People v Gillotti (23 NY3d 841 [2014]), the Court of Appeals outlined a three-step process for determining whether to grant a defendant’s request for a downward departure. First, the […]
The First Department noted that a police officer was properly allowed to identify defendants as persons depicted in videotapes: The circumstances … warranted testimony by the officer identifying defendants as persons depicted in videotapes … . Notwithstanding the fact that defendants had not changed their appearance subsequent to having been videotaped, the testimony was permissible, because […]
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