The Second Department determined the causes of action concerning an equitable mortgage should not have been granted in this action to quiet title. The court noted that the criteria for standing in an action to quiet title is not the same as in a foreclosure action. The facts are too complicated to fairly summarize here: […]
The Second Department determined plaintiff real estate broker was entitled to a commission on a lease entered by defendants (Budhu and RLRC) just after defendants terminated plaintiff’s services, an action deemed to have been done in bad fact warranting recovery under an implied contract theory and in quantum meruit: A real estate broker is entitled […]
The Second Department determined the negligent training a supervision cause of action against the school district was properly dismissed and the negligent maintenance of the premises cause of action should have been dismissed. Infant plaintiff fell from an apparatus on the school playground during recess: The defendant also established its prima facie entitlement to judgment […]
The Second Department, reversing Supreme Court, determined the judge should not have, sua sponte, raised the statute of limitations defense in this foreclosure action: Supreme Court erred in sua sponte raising the affirmative defense of the statute of limitations and directing the dismissal of the complaint on that ground. The statute of limitations is an […]
he Second Department, in affirming a $1.8 million verdict in this car accident case, determined that the increased susceptibility to injury jury instruction did not affect the verdict so it didn’t discuss the propriety of the instruction. The Second Department also determined that defendants were not entitled to a duty to mitigate instruction based upon […]
The Second Department, reversing defendant’s conviction by guilty plea, determined that the court should have inquired further when defendant indicated in the plea colloquy that he acted in self-defense: The defendant pleaded guilty to assault in the second degree and assault in the third degree. During the plea proceeding, however, he insisted that the complainant […]
The Second Department, reversing Supreme Court, determined defendant’s conviction of endangering the welfare of a child should not have been set aside based upon his acquittal on all 27 counts of criminal sexual act involving a 10-year-old child. Because the appeal was brought by the People, the court was statutorily prohibited from considering defendant’s argument […]
The Second Department noted that evidence of a prior conviction of criminal possession of stolen property (a car) should not have been admitted as Molineux evidence to show knowledge and intent in this prosecution for the same genre of offense. Knowledge and intent can be inferred from possession of the car, which was taken by […]
The Second Department determined a release entered after settlement with the insurer of the other car involved in the accident precluded appellant’s attempt to claim supplementary underinsured motorist (SUM) benefits from the insurer of the car in which appellant was a passenger: “A release is a contract, and its construction is governed by contract law” […]
The Third Department determined claimant, an attorney hired to do document review, was an employee of a law firm (Brody) entitled to unemployment insurance benefits, despite the attorney’s signing a document indicating she was an independent contractor: The record reflects that Brody paid claimant an hourly set wage, required her to work at least 10 […]
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