In reversing defendant’s conviction for the second time (after the retrial) because of the same prosecutor’s misconduct, the Fourth Department also concluded there was insufficient evidence of the value of stolen items (cost of items when purchased not enough)) and there was insufficient evidence of possession of a controlled substance (statement that cocaine was smoked […]
The First Department, in a full-fledged opinion by Justice Renwick, determined that the failure to strictly comply with the statutory requirements for a parking ticket rendered the tickets invalid and unenforceable. Specifically, the type of license plate on the trucks in question was described on the ticket as “IRP” when the plates should have been […]
The Second Department, in a full-fledged opinion by Justice Dickerson, determined that the Town did not make the requisite showing to justify an inspection of the interior of petitioner’s home. Petitioner had challenged the tax assessment of her property. Supreme Court had ruled the Town could enter petitioner’s home to inspect it. The Second Department […]
The Second Department determined summary judgment should not have been granted to the defendants in a slip and fall case. Plaintiff tripped on a dolly or “pallet jack” which was low to the ground and had been left in an aisle of defendants’ store. The fact that the presence of the dolly was open and […]
The Second Department determined defendants were not entitled to summary judgment dismissing plaintiff’s Labor Law 240(1) action. Plaintiff fell from a 20-foot ladder while cleaning windows. The defendants were unable to demonstrate that the activity plaintiff was engaged in was not covered by Labor Law 240(1): Labor Law § 240(1) provides protection for those workers […]
The Second Department determined there were questions of fact whether the Long Island Power Authority (LIPA) was required to retrieve documents pursuant to petitioner’s Freedom of Information Law (FOIL) request. The court explained the applicable criteria: The Legislature has declared that “government is the public’s business and that the public, individually and collectively and represented […]
The Second Department determined defense counsel’s failure to request that the jury be charged with an affirmative defense constituted ineffective assistance: …[T]he defendant was deprived of the effective assistance of counsel, under both the federal and state constitutions, as a result of his trial counsel’s failure to request that the trial court submit to the […]
The Second Department determined Supreme Court properly dismissed an action against a Vermont ski business (Killington) because plaintiffs failed demonstrate a basis for New York’s long-arm jurisdiction. The court noted that advertising in New York and the existence of an interactive website through which out-of-state residents make reservations for participation in the defendant’s ski camp […]
The Second Department, in a full-fledged opinion by Justice Leventhal, determined that Supreme Court had properly found that plaintiff bank did not negotiate in good faith a mortgage modification pursuant to the Home Affordable Mortgage Program (HAMP) (CPLR 3408). In the course of the opinion, the court described the applicable “good faith” standard: …[W]e hold […]
The Second Department determined defendant’s answer was properly struck due to defendant’s failure to comply with the court’s orders concerning discovery: “[A] trial court is given broad discretion to oversee the discovery process” … . When a party fails to comply with a court order and frustrates the disclosure scheme set forth in the CPLR, […]
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