The Fourth Department determined the arbitrator’s award concerning the transfer of employees was indefinite and nonfinal: The arbitration proceeding arose from respondent’s plan to transfer certain employees previously assigned to work at a single location to new positions requiring them to alternate between two different work locations. The arbitrator’s opinion and award, among other things, […]
The Third Department, reversing the Workers’ Compensation Board, determined the claimant (wife of the decedent worker who died of cardiac arrest) was not notified the board would consider a medical file relating to a prior injury: Here, the Board relied on medical records apparently contained in the case file for a separate claim filed by decedent […]
The Third Department, reversing Supreme Court, determined defendant’s motion for summary judgment should not have been granted in this traffic accident case. Plaintiff’s decedent apparently backed into defendant’s lane of traffic from the median. There was conflicting evidence about defendant’s speed and the distance between decedent’s car and defendant (i.e., there was conflicting evidence about […]
The Third Department, reversing Supreme Court, determined plaintiff’s action against the municipality was timely commenced. The one-year-and-ninety-day statute of limitations was tolled when plaintiff filed a successful motion for leave to file a late notice of claim: Pursuant to General Municipal Law, a plaintiff must first serve a notice of claim against a municipality within […]
The Third Department, reversing Supreme Court, determined there was no special relationship between the town and the plaintiffs. The town had allowed fill to be dumped near a stream (Normanskill) by issuing a permit to the property owner, 165 Salisbury Road LLC. A landslide occurred which caused flooding on plaintiffs’ property: To establish that a […]
The First Department determined the two to three foot fall of a heavy steel plate that was being hoisted was covered by Labor Law 240 (1): Plaintiff was injured when the nylon sling attaching a one-to-two ton steel plate to an excavator snapped, causing the heavy plate to fall to the ground, bounce, and sever […]
The Third Department, reversing Supreme Court, determined that the term “date of loss” in the policy referred to the date the insurer disclaimed coverage, not the date the car was stolen. Therefore plaintiff’s action for breach of contract was timely. The contract properly shortened the applicable statute of limitations to one year: In our view, […]
The Third Department, in a custody proceeding, determined out of court statements by a child about abuse by the stepfather were properly deemed admissible because they were sufficiently corroborated: … [T]he older child’s out-of-court statements concerning the sexual abuse perpetrated upon her by the stepfather did not constitute impermissible hearsay. Where, as here, a child’s out-of-court […]
The Third Department, reversing Family Court, determined mother had demonstrated that father’s violation of the separation agreement was willful, entitling mother to attorney’s fees: Family Court’s determination that the mother failed to prove a willful violation is not supported by the record or the law. The mother’s testimonial and documentary submissions were amply sufficient to […]
The Third Department, reversing Family Court, determined a suspended judgment should not have been revoked without a hearing: … [R]espondent consented to an order confirming the Support Magistrate’s finding that he willfully violated his child support obligation. Family Court suspended judgment on the condition that respondent make certain minimum payments. After respondent failed to make […]
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