The Fourth Department, reversing Supreme Court, determined defendant’s motion for summary judgment in this dog bite case should have been granted: It is well established that “an animal that behaves in a manner that would not necessarily be considered dangerous or ferocious, but nevertheless reflects a proclivity to act in a way that puts others […]
The Third Department determined claimant cannot receive both a schedule loss of use (SLU) award and a nonschedule permanent partial disability award for injuries stemming from the same accident, but both classifications of injury can be considered in determining loss of wage-earning capacity: The amount of an SLU award is based upon the body member […]
The Third Department explained the difference between a schedule loss of use and a nonschedule permanent partial disability: Workers’ Compensation Law § 15 (3) contains a schedule of awards for a permanent partial disability resulting from a loss of specific body parts or functions, such as vision and hearing (see Workers’ Compensation Law § 15 [3] […]
The Third Department determined a recent amendment to the Workers’ Compensation Law applied retroactively and was properly applied to claimant’s case. The amendment provides that a worker who has involuntarily withdrawn from the labor market with a permanent partial disability need not demonstrate a continued attachment to the labor market: … [T]he Board panel … […]
The First Department determined the Education Law and Public Health Law did not prohibit the release of the identities of persons who participated in a quality assurance review involving plaintiff doctor: Plaintiffs’ claims in this suit are based on [Peconic Bay Medical Center’s] alleged misrepresentations about the existence of an investigation and the filing of an […]
The First Department determined plaintiff was entitled to summary judgment on his Labor Law 240 (1) action stemming from a fall from an A frame ladder. Plaintiff was engaged in “alteration” within the meaning of the statute. The fact that plaintiff was the sole witness to the action did not preclude summary judgment. The fact […]
The Third Department determined plaintiff insurer could not completely disclaim coverage of injuries suffered by the defendant at the insured home (owned by the McCabe’s). McCabe was convicted of assaulting and strangling the defendant. Defendant alleges that after McCabe assaulted her she fell over a tripping hazard in the McCabe home and was injured in […]
The Third Department determined it was error to fail to provide notice to the defendant of an identification procedure involving the victim of the burglary, Febus. The error was deemed harmless, however: Febus testified that approximately one week prior to the burglary, she answered a ringing doorbell to find a stranger who asked for a […]
The Third Department, in a full-fledged opinion by Justice Clark, determined: (1) whether to introduce psychiatric evidence that defendant suffered from Secure Housing Unit Syndrome (Grassian Syndrome) was a strategic decision for defense counsel, not defendant; (2) defense counsel did not relinquish his authority to decide whether to request a mistrial merely by conferring with […]
The First Department determined Supreme Court properly considered a release that defendant had signed after the matter had been reversed on appeal and before the case was heard on remittal: While Supreme Court is powerless to change a remittitur from this Court, “nevertheless, in order to avoid an obviously unjust result it may mold its […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy