The Third Department determined a tutor employed by a tutoring service, Mulberry, was an employee entitled to unemployment insurance benefits: Mulberry did not advertise for tutors, but received inquiries directly from potential tutors who heard about Mulberry through various means. It then collected their resumes and notified them when an opening became available. When claimant […]
The Third Department determined the claimant, an inmate, did not have a private right of action for negligent performance of a governmental function against the Board of Parole. Claimant alleged the board did not comply with the Executive Law by promulgating certain written procedures for assessing an inmate’s eligibility for parole: Inasmuch as Executive Law […]
The First Department, in a full-fledged opinion by Justice Moulton, over an extensive two-justice dissenting opinion, determined plaintiff had stated a cause of action for gender discrimination under the NYC Human Rights Law, which was deemed broader in scope than the state Human Rights Law. Plaintiff alleged she was treated less well than other employees after […]
The First Department determined the city was immune from suit stemming from alleged interference with the right of sepulcher during Hurricane Sandy, which flooded the Bellevue Hospital morgue. The court further determined there was no special relationship between plaintiff and the city: Contrary to plaintiffs’ argument, the right of sepulcher does not, by definition, trump governmental […]
The First Department, in this suit against the landlord by the tenant’s association, determined the apartment building for low and moderate income tenants was subject to federal Housing and Urban Development (HUD) regulation until the HUD mortgage was paid off in April, 2011. Once the mortgage was paid off, the building became subject to the Rent […]
The First Department, over a concurring memorandum, defined the procedure for determining whether opposing counsel can be deposed. Counsel had requested a protective order prohibiting the deposition. The matter was remanded for a ruling based upon the criteria described as follows: … [D]efendants’ counsel has made a prima facie showing that the material sought is irrelevant […]
The Third Department determined the workers’ compensation carrier was entitled to reimbursement of both the temporary total disability and temporary partial disability payments in the years preceding the schedule loss of use (SLU) award by the Workers’ Compensation Law Judge. Claimant argued that, based on the wording of the statute, the carrier was entitled to […]
The Third Department affirmed the dismissal of a student from the State University of New York for violations of the student code of conduct. The decision is too detailed to fairly summarize here, but it provides a comprehensive explanation of the procedures and proof required of a state university in a disciplinary action against a […]
The Second Department determined the sentencing court erred when it found that defendant was not eligible for youthful offender status. Criminal possession of a weapon in the third degree is not an armed felony: The Supreme Court denied the defendant’s application for youthful offender status based upon its mistaken belief that he had been convicted […]
The Second Department, affirming the grant of summary judgment to the defendants in this medical malpractice action, explained the criteria for the applicability of the doctrine of res ipsa loquitur in this context: In opposition to the defendants’ motion, the plaintiff relied on the doctrine of res ipsa loquitur. To rely on that doctrine, a […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy