The Second Department determined the criminal possession of a weapon in the second degree was separate and distinct from the shooting of the victim. Therefore the sentences for possession of a weapon and murder should not run consecutively: … [T]he sentence imposed on the conviction of criminal possession of a weapon in the second degree […]
The Second Department determined it was (harmless) error to allow a detective to identify the person depicted in a video as the defendant: Generally, “lay witnesses must testify only to the facts and not to their opinions and conclusions drawn from the facts,” as it is the jury’s province “to draw the appropriate inferences arising from […]
The First Department determined plaintiff shareholder in a cooperative could not bring a “breach of fiduciary duty” cause of action against individual members of the cooperative board. Plaintiff alleged her cooperative apartment was damaged by water from a greenhouse above the apartment. The first department found that that was no corporate tort for which individual […]
The First Department determined (1) the ventilator on which plaintiff was crouching when it detached and he fell was not a safety device within the meaning of Labor Law 240 (1), (2) plaintiff’s testimony that he couldn’t reach the ventilator, which he was attempting to remove, from the A-frame ladder he was provided entitled him […]
The First Department, over a two-justice dissent, determined that the class action complaint by tenants alleging the failure to provide rent-stabilized leases should not have been dismissed at the pre-answer stage: “Pursuant to CPLR 902, a motion to determine whether a class action may be maintained is to be made within 60 days after the […]
The First Department, in a full-fledged opinion by Justice Tom, reversing Supreme Court, determined that a contract concerning plaintiff-broker’s entitlement to a commission was ambiguous requiring a trial. The facts are too complex to fairly summarize here: Crucially, an agreement can be deemed unambiguous “if the language it uses has a definite and precise meaning, […]
The Third Department determined defendant insurance brokers’ motion for summary judgment in this breach of contract-negligence action by the insureds was properly granted. The Insureds’ alleged there was an agreement to increase the insurance coverage on the insureds’ home which was destroyed by fire after renovations had been made and there was a special relationship between the […]
The Fourth Department, in a full-fledged opinion by Justice NeMoyer, determined that a divorce settlement agreement which indicated a specific date (2020) when the husband’s maintenance obligation ends did not extend the husband’s maintenance obligation beyond the wife’s remarriage in 2015. Because the agreement was silent on the meaning of “maintenance” the court turned to […]
The Second Department determined defendant should have been given an opportunity to explain the reasons for his request to withdraw his plea and defense counsel should not have indicated he did not believe there was a basis for the request. Matter was remitted for consideration of the request with new counsel: “The nature and extent […]
The Second Department, reversing defendant’s conviction, determined the affidavit submitted in support of a warrant application for a DNA swab was insufficient and the motion to suppress should have been granted: To establish probable cause, a search warrant application must provide sufficient information to support a reasonable belief that evidence of a crime may be […]
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