The Second Department, reversing Supreme Court, determined the complaint stated a cause of action for legal malpractice and should not have been dismissed. The court explained that whether the action would survive a subsequent summary judgment motion is not to be considered. The complaint alleged plaintiff was injured by a pizza delivery driver and the […]
The First Department, reversing Supreme Court, determined there were questions of fact whether defendant city had notice of a defect in a softball field, whether the defect was negligently repaired, and whether plaintiff assumed the risk of injury from playing baseball on the field: Plaintiff Rory Martin was injured when, while playing softball on defendant’s […]
The First Department determined the defendant’s request to preclude recording of phone calls he made from jail was properly denied. Defendant was deemed to have consented to the recordings: “Defendant impliedly consented to the recording of the call(s) based on his receipt of multiple forms of notice that his calls would be recorded, and he […]
The First Department, reversing Supreme Court, determined defendant car dealership (Port Motors) had not transferred ownership of the car to the purchaser (Love) at the time of the accident and was therefore liable to plaintiff as the owner of the vehicle. Plaintiff was injured when the driver (Lemos) struck a barricade which in turn struck plaintiff, […]
The First Department, reversing Family Court, determined that father’s petition to modify custody should not have been denied without a hearing. Mother had relocated to Florida without father’s consent or the permission of the court: Family Court correctly determined that the mother’s testimony about her unilateral relocation constituted a change in circumstances, triggering an inquiry […]
The First Department, reversing Family Court, determined that father’s petition to modify custody should not have been denied without a hearing. Mother had relocated to Florida without father’s consent or the permission of the court: Family Court correctly determined that the mother’s testimony about her unilateral relocation constituted a change in circumstances, triggering an inquiry […]
The Court of Appeals, over a two-judge dissent, determined the evidence of serious physical injury in this first degree assault case met the “legally sufficient evidence” standard of appellate review. The victim was shot in the leg and bullet fragments remain in his body: The victim testified that he can still “feel [the bullet] poking […]
The Court of Appeals, in a full-fledged opinion by Judge Fahey, determined that counterfeit concert tickets fall within the ambit of the statute prohibiting possession of a forged instrument: Defendant’s argument, a jurisdictional challenge to the indictments against him, amounts to the claim that the otherwise valid statement of the elements of the crime in […]
The Court of Appeals, in a full-fledged opinion by Judge Wilson, determined the landlord (COR), by the terms of the lease which required work on the premises to be done by the tenant restaurant (Peaches), consented to the work. Therefore the contractor who did the work had a valid mechanic’s lien with respect to the […]
The Court of Appeals, over a two-judge concurrence, determined the defendant’s argument that the integrity of the grand jury proceedings was impaired by the prosecution’s failure to call a witness requested by the defendant did not raise a constitutional issue and therefore was precluded by defendant’s guilty plea: Defendant does not contend that the evidence […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy