The Third Department, annulling the disciplinary determination and expunging it, determined the hearsay upon which the determination was based was not demonstrated to be sufficiently reliable: “While hearsay evidence in the form of confidential information may provide substantial evidence to support a determination of guilt, the information must be sufficiently detailed to allow the Hearing […]
The Third Department determined that a medical journal kept by plaintiff’s decedent after an injury at the direction of her attorney was protected by attorney-client privilege, where as a record of her medications were not: Upon examination of the notes turned over to Supreme Court for an in camera review, we conclude that they are […]
The Third Department determined the petitioner was properly disciplined for violation of a college’s sexual assault policy and the procedure followed by the college was proper: “Where, as here, no hearing is required by law, a court reviewing a private university’s disciplinary determination must determine ‘whether the university substantially adhered to its own published rules […]
The Third Department determined there was a question of fact whether plaintiff, a youth hockey player (Beninati), was in the custody and control of the coach or plaintiff’s father at the time he was injured falling off a tipping bench in the locker room: Where a child participates in an athletic activity, such as the […]
The Third Department determined defendant’s motion to set aside the verdict in this stairway-fall case was properly denied. Plaintiff’s decedent was found at the bottom of a deteriorating concrete exterior staircase and later died from his injuries. Although plaintiff’s decedent made some remarks to emergency personnel about the fall, he died before he could be […]
The Third Department determined the defendant lessee’s motion for summary judgment in this negligence action based upon the placement of a propane heater in defendant’s store was properly denied. Plaintiff’s clothing caught fire when she stood near the stove: … [P]laintiff relied upon a section of the then-applicable version of the Fuel Gas Code of […]
The Third Department, in a comprehensive decision describing the relevant law and procedures, determined the city had complied with the State Environmental Quality Review Act (SEQRA), the Eminent Domain Procedure Law and the prior public use doctrine in determining the taking of a strip of land for a bicycle-pedestrian trial would not have a significant […]
The Third Department, reversing Supreme Court, determined the New York City Department of Corrections (NYCDOC) was a necessary party in this proceeding contesting a jail time credit calculation. Although the issue was not raised below, a necessary-party issue can be raised for the first time on appeal but may not be corrected by an appellate court: […]
The Third Department determined that municipal code provisions requiring a rental permit and limiting the occupancy of rental units to a “family” as defined in the code were not unconstitutionally vague: The record therefore reflects that the rental occupancy restriction was enacted to, among other things, serve a legitimate governmental interest in diminishing public nuisances […]
The First Department, in a full-fledged opinion by Justice Tom, over a concurring opinion, determined plaintiff (Garden) had stated a cause of action for adverse possession of a lot in lower Manhattan used since 1985 as the site of a community garden by an unincorporated association (which was later incorporated in 2012): In order to establish […]
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