The Second Department, reversing Supreme Court, determined that plaintiff's motion for leave to amend her notice of claim in this slip and fall case should have been granted: “[I]n making a determination on the sufficiency of a notice of claim, a court's inquiry is not limited to the four corners of the notice of claim” […]
The Second Department, reversing defendant's conviction, determined the trial judge committed a mode of proceedings error in dealing with jury notes. Therefore reversal was required despite the failure to preserve the error: The defendant correctly contends that the Supreme Court's handling of two jury notes failed to comply with CPL 310.30, in accordance with the […]
The Second Department, reversing defendant's conviction, determined the indictment was jurisdictionally defective. The indictment charged criminal possession of a weapon but did not allege the possession was outside the defendant's home or business: The defendant's conviction of criminal possession of a weapon in the second degree under Penal Law § 265.03 must be vacated. Penal […]
The Second Department, reversing Supreme Court, determined the petition for leave to file a late notice of claim in this slip and fall case should have been granted. Petitioner alleged she tripped and fell over unsecured floor mats as she was leaving the school after her grandson's basketball game. The Second Department noted that the […]
The Second Department, reversing Supreme Court, determined that petitioner's affidavit and attorney affirmation constituted the equivalent of a verified petition. The motion to dismiss the Article 78 actions should not have been granted: A verified petition is required to establish a jurisdictional predicate for a special proceeding (see CPLR 304[a]; 7804[c], [d] …). CPLR 304(a) provides […]
The Second Department, reversing Supreme Court, determined that plaintiff's motion for leave to amend her notice of claim in this slip and fall case should have been granted. “[I]n making a determination on the sufficiency of a notice of claim, a court's inquiry is not limited to the four corners of the notice of claim” […]
The Second Department, reversing (modifying) Supreme Court in this slip and fall case, determined the defendant property owner's (Medford's) motion for summary judgment declaring that the insurer (NGM) was obligated to reimburse the property owner's costs incurred in defending the action should have been granted: … [T]he plaintiff allegedly was injured when she slipped and […]
The Second Department noted that a breach of duty cause of action was duplicative of the breach of contract action and was properly dismissed: The cause of action alleging breach of duty was duplicative of the breach of contract cause of action. “[A] simple breach of contract is not to be considered a tort unless a […]
The Second Department determined that an exposed root in a town park, over which plaintiff tripped and fell, was an open and obvious condition that was not actionable: “A landowner has a duty to exercise reasonable care in maintaining [its] property in a safe condition under all of the circumstances, including the likelihood of injury […]
The Second Department, reversing (modifying) Supreme Court, determined that summary judgment was properly granted for the Labor Law 200 cause of action, but should not have been granted on the negligence cause of action. Plaintiff was injured using a telescoping lift. The lift belonged to MIS and defendant property owners had borrowed it. The Labor […]
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