The Second Department, reversing Supreme Court, determined the alleged raised area of a floor mat was not trivial as a matter of law: The plaintiff gave deposition testimony to the effect that she tripped and fell over a raised portion of a rubber mat near the entrance of the supermarket. The plaintiff’s husband testified at […]
The Second Department, reversing Supreme Court, determined that the petition for an the appointment of a guardian for Fritz, a person suffering from schizophrenia, should not have been granted on the evidence presented: The Supreme Court may appoint a guardian for a person if the court determines that the appointment is necessary to provide for […]
The Second Department, reversing Supreme Court, determined a release, which purported to cover future actions in a medical malpractice suit resulting from a hospital (NSUH) admission, did not preclude a second suit that arose from a second hospital admission: The parties settled Action No. 1 … and executed … a release that released NSUH “and […]
The Second Department determined plaintiff’s employment discrimination action was properly dismissed on collateral estoppel grounds. Plaintiff had brought a discrimination action in federal court which was dismissed. The Human Rights Law (NYCHRL) causes of action in state court, alleging the same facts as alleged in the federal case, were therefore properly dismissed. Defendants were not […]
The Second Department determined plaintiffs’ motion to vacate the dismissal of their medical malpractice action, which had been automatically dismissed pursuant to CPLR 3404, was properly denied: The plaintiff … allegedly was injured at the time of his birth in April 1995, as a result of the defendants’ negligence. In 1997, the plaintiffs commenced an […]
The Second Department determined Supreme Court should not have deemed service by Federal Express timely. The statute, CPLR 2103 (b)(6) , states that service is effective when the papers are deposited with Federal Express for overnight delivery. Here the Federal Express weekly delivery service was used: Contrary to the Supreme Court’s determination, CPLR 2103(b)(2) does […]
The Second Department determined that the instruction to follow up did not constitute a continuing course of treatment and the statute of limitations, therefore, was not tolled in this medical malpractice action. The court further found that the relation-back doctrine did not apply to defendants who were deliberately omitted from the action: “Under the continuous […]
The Second Department determined defendant landlord’s motion for summary judgment in this slip and fall case was properly denied. Defendant did not not demonstrate it was an out-of-possession landlord and did not demonstrate it did not create or have notice of the allegedly dangerous condition: The lease contained a provision obligating the defendant to maintain […]
The Second Department determined that defendant out-of-possession landlord’s motion for summary judgment in this parking lot slip and fall case was properly granted: “An out-of-possession landlord is not liable for injuries that occur on its premises unless the landlord has retained control over the premises and has a duty imposed by statute or assumed by […]
The Second Department, in the context of a foreclosure action, determined that, although the lack of standing defense is waived if not asserted in the answer or a pre-answer motion to dismiss, the defense can be added in an answer amended by leave of court: “[A]n argument that a plaintiff lacks standing, if not asserted […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy