The Second Department determined the owners of a restaurant/bar were not liable for an attack on plaintiff int the adjacent parking lot: “Landowners, as a general rule, have a duty to exercise reasonable care to prevent harm to patrons on their property” … . “However, an owner’s duty to control the conduct of persons on […]
The Second Department, reversing Family Court, determined the court abused its discretion by denying the application for an adjournment in contemplation of dismissal in this juvenile delinquency proceeding: … [T]he Family Court improvidently exercised its discretion in denying the appellant’s application pursuant to Family Court Act § 315.3 for an adjournment in contemplation of dismissal. […]
The Second Department determined the city’s motion for summary judgment in this traffic accident case involving a student who had just left school was properly granted. The city owed a special duty to the student-plaintiff. A school crossing guard had stopped the plaintiff from crossing the street where there was no crosswalk and told her […]
The Second Department, reversing Supreme Court, determined the bank had raised a question of fact about whether the mortgage had been accelerated such that the six-year statute of limitations for bringing a foreclosure action had run: Pursuant to RPAPL 1501(4), a person having an estate or an interest in real property subject to a mortgage […]
The First Department, in a full-fledged opinion by Justice Singh, over a two-justice dissenting opinion, determined that the complaint alleging fraud and related causes of action should not have been dismissed. The lawsuit arose after a divorce. Wendy, the wife, was the executive director of Epiphany Community Nursery School, the plaintiff. The husband, defendant Hugh, […]
The First Department determined that the detective’s testimony at the Rodriguez hearing established that the witness’s identification of defendant was confirmatory and noted that the witness need not testify at the hearing because hearsay is admissible: At a Rodriguez hearing (see People v Rodriguez, 79 NY2d 445 [1992]), a detective’s testimony established that a witness was sufficiently familiar with […]
The Fourth Department, reversing Supreme Court, determined that defendant demonstrated plaintiff was its special employee. Therefore plaintiff’s sole remedy for his on the job injury is workers’ compensation: It is well settled that “a general employee of one employer may also be in the special employ of another, notwithstanding the general employer’s responsibility for payment […]
The Fourth Department determined that the terms of the purchase contract for property contaminated by oil indicated the buyer would indemnify the seller for costs associated with the condition of the property. The Fourth Department further held there was a question of fact whether the buyer signed the contract in his individual capacity in that […]
The Fourth Department determined defendants in this Labor Law 240 (1) action were properly precluded from offering expert testimony because of late notice. The Fourth Department further determined that the jury should have been instructed on mitigation of damages, requiring a new trial: … [T]he court determined that there was a willful failure to disclose because, […]
The Fourth Department, reversing Supreme Court, determined statements made to the press by the county executive (Brooks) concerning her decision to terminate plaintiff (the executive director of the Monroe Community Hospital (MCH)) were either absolutely or qualifiedly privileged: The absolute privilege defense affords complete immunity from liability for defamation to ” an official [who] is a […]
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