The First Department determined Supreme Court properly denied defendant’s request to replace or dismiss defendant’s standby attorney: After permitting defendant to represent himself at trial, the court providently exercised its discretion in declining to replace or dismiss defendant’s standby counsel. Initially, to the extent defendant sought to proceed with no standby counsel at all, that […]
The First Department noted that, although a motion to renew should be based upon newly discovered evidence, a court has the discretion to grant a motion to renew based on evidence which was available: Although it is true that a motion to renew should generally be based upon newly-discovered facts, this rule is not inflexible, […]
The First Department, reversing Supreme Court, noted that an administrative tribunal can consider the facts which led up to a record which is sealed and hearsay can be considered at an administrative hearing. The matter which was before the New York City Housing Authority (NYCHA) concerned drug activity at an apartment and rent delinquency. Supreme […]
The Second Department, reversing Supreme Court, determined plaintiff maintenance worker’s back injury, caused by picking up a heavy bag of garbage, was not actionable because the injury was from a risk inherent in the work: The defendant [lessee] established its prima facie entitlement to judgment as a matter of law dismissing the complaint by submitting evidence […]
The Second Department determined that the root plaintiff tripped over in a landscaped area was inherent to the area and was not actionable: The plaintiff commenced this action seeking to recover damages for injuries he alleges he sustained when he tripped and fell as he was walking on a landscaped area on the defendants’ property. […]
The Second Department determined Supreme Court properly denied the petition for leave to file a late notice of claim. Petitioner alleged she fell and was injured while riding a bus owned by the county. A county police report was made about the incident. The Second Department held that the fact that the county was aware […]
The Second Department, reversing Supreme Court, determined plaintiff, who fell from a scaffold that did not have a safety railing, was entitled to summary judgment on his Labor Law 240 (1) cause of action. The property owner was entitled to summary judgment against the general contractor on its indemnification action because the property owner was […]
The Second Department, reversing Family Court, determined mother’s immigration status did not prevent her from being appointed guardian of her children and Family Court should have made the findings necessary for the children to apply for special immigrant juvenile states (SIJS): Family Court improperly dismissed the guardianship petitions. Contrary to the court’s determination, the mother […]
The Second Department determined extraordinary circumstances warranted the award of custody to a grandparent and the sharing of custody with the parents: … [T]he Family Court properly found that the paternal grandmother demonstrated the existence of extraordinary circumstances. The children’s parents were either unable or unwilling to provide the children with basic personal hygiene, clean […]
The Second Department determined the failure to resentence defendant in accordance with the plea agreement required that the defendant be given the opportunity to withdraw his pleas, not only to the charges in indictment on which he was resentenced, but also the charges in prior indictment from which the defendant had not appealed: Here, the […]
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