The Second Department, reversing Supreme Court, determined the town had used land as a public park and, therefore, the land was not subject to taxation by the county: The New York State Legislature has declared that “[a]ll real property within the state shall be subject to real property taxation . . . unless exempt therefrom […]
The Second Department, modifying Supreme Court, determined the court should not have awarded attorney’s fees to the defendant in this Labor Law 740 action. Plaintiff had alleged ongoing sterility problems in defendant’s operating room. Plaintiff lost the trial, in which she claimed she had been wrongfully terminated because of her complaints. The Second Department found […]
The Second Department, reversing Supreme Court, determined the defendant school bus company and board of education did not have notice that two children who allegedly injured infant plaintiff on the bus were capable of dangerous conduct: Schools are under a duty to adequately supervise children in their charge, and they will be held liable for […]
The Second Department affirmed defendant’s conviction of depraved indifference murder and assault. During a high speed chase defendant fired a bullet into the car he was following. The driver, Singh, lost control and struck a trestle. One person, Arena, was killed, and Singh and another person, Weiner, were seriously injured. Defendant fled the scene. Defendant […]
The Second Department, in a lawsuit brought by plaintiff village alleging the county did not have the power to issue parking tickets in the village, explained how to determine the appropriate statute of limitations in actions seeking a declaratory judgment: While no period of limitation is specifically prescribed for a declaratory judgment action, the six-year […]
The Second Department determined plaintiff was judicially estopped from imposing a constructive trust on real property because he stated he had no interest in the property in prior bankruptcy proceedings: Under the doctrine of judicial estoppel, also known as estoppel against inconsistent positions, a party may not take a position in a legal proceeding that […]
The First Department determined plaintiff bicyclist was entitled to summary judgment in this traffic accident case. Plaintiff was struck by the passenger side door of a truck making a left turn: While traveling on a bicycle, plaintiff collided with the passenger side of defendants’ northbound truck as it turned left into plaintiff’s path at the intersection […]
The First Department, modifying Supreme Court, determined plaintiff was entitled to summary judgment on his Labor Law 240 (1) cause of action and the construction manager (Structure Tone), although it had the power to stop work for safety reasons, was entitled to summary judgment on the Labor Law 200 cause of action: Plaintiff was injured […]
The First Department, reversing Supreme Court, determined plaintiff husband, in this divorce action, was entitled to the frozen embryo for the sole purpose of disposal: … [Husband and wife] engaged the services of [New Hope Fertility Center, NHF] in the hope of conceiving a child via implantation of cryopreserved embryos in the wife’s uterus. … [T]hey […]
The First Department, reversing Supreme Court, determined the failure to satisfy a non-material condition precedent, which did not prejudice the defendant, did not justify summary judgment in favor of defendant: It is undisputed that plaintiff failed to satisfy a condition precedent to recovering disputed costs for extra work on which defendant forced price reductions. Although […]
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