The Second Department, reversing Supreme Court, determined that neglect based upon mother’s mental illness had not been demonstrated: … [T]he petitioner failed to establish that the mother received inadequate psychiatric treatment for her mental illness, or that her alleged untreated mental illness placed the child at imminent risk of harm. The evidence demonstrated that the […]
The Second Department, reversing defendant’s conviction, determined the jury should have been instructed that it could consider the actions of the complainant’s husband in this assault case. The defendant raised the justification defense. The altercation leading to the assault charge involved both the complainant and her husband: … [A] new trial is required because the trial […]
The Second Department determined Supreme Court properly denied petitioner’s motion to discontinue the action which challenged the tax assessments of several lots. Supreme Court abused its discretion, however, when it, sua sponte, directed merger of several parcels into a single tax lot: A motion for leave to discontinue an action is addressed to the sound […]
The Second Department, reversing Supreme Court, in a full-fledged opinion by Justice Dillon, addressing two issues of first impression, determined: (1) a matter erroneously transferred to a court which did not have subject matter jurisdiction (Civil Court) can be retransferred to the correct court (Supreme Court); and (2) after the matter is retransferred the error […]
The Second Department, reversing Supreme Court, determined defendant’s motion to compel plaintiff to accept an answer which was two days late should have been granted pursuant to CPLR 2004: CPLR 2004 provides that, “[e]xcept where otherwise expressly prescribed by law, the court may extend the time fixed by any statute, rule or order for doing […]
The Court of Appeals, in a full-fledged opinion by Judge Pigott, reversing the Appellate Division, determined a tenant’s failure to report her income to the New York City Housing Authority (NYCHA) was sufficient reason to terminate her tenancy, The tenant had pled guilty to petit larceny and agreed to repay the NYCHA $20,000 in installments: […]
The First Department, reversing (modifying) Supreme Court, determined defendants were not entitled to summary judgment on the Labor Law 241(6) and Labor Law 200 causes of action. Plaintiff testified he stepped into a hole. He testified the floor was strewn with debris but he did not know if the hole was covered by debris. The […]
The First Department, reversing Supreme Court, determined that defendants’ motion for summary judgment on the Labor Law 240 (1) cause of action should have been granted. Plaintiff’s decedent was provided with a harness and told to remain tied off at all times. Plaintiff fell through an opening in the roof when he was not tied off: […]
The First Department determined an all-risk artwork insurance policy did not cover contractual liability to purchasers of stolen art which was returned to the owner. In addition, the court determined the allegations in the complaint against the insurance brokers were insufficient to allege a fiduciary relationship: “[D]efective title is clearly not a physical loss or […]
The Court of Appeals, in a full-fledged opinion by Judge Stein, over a two-judge concurrence/dissent, determined that the injuries suffered by a policemen (Kelly) , who was injured preventing a rafter from falling on another officer attempting to rescue residents of a house crushed by a tree during Hurricane Sandy, and a firefighter (Sica), who […]
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