In reversing Supreme Court, the Second Department determined the law firm which represented the wife in a divorce was entitled to a charging lien for outstanding legal fees (to be paid from the proceeds of the upcoming sale of the marital residence). However, in the absence of a plenary action, the law firm was not […]
In a full-fledged opinion by Justice Saxe, the First Department determined that the relatives of persons buried in defendant cemetery did not have standing to sue as beneficiaries of a charitable trust which was supposed to ensure perpetual care of the cemetery plots. [However, one of the plaintiffs, who himself was a donor to the […]
The First Department noted that a dog’s growling and baring its teeth is not sufficient evidence to raise a question of fact re: the dog’s vicious propensities: No court has found that a dog’s growling at one or two other dogs is sufficient to establish vicious propensities, and the Third Department has specifically held that […]
The Fourth Department determined Supreme Court should not have annulled the town’s imposition of a recreation fee upon each apartment and townhouse in a subdivision plat, in lieu of land for a park, pursuant to Town Law 277: Inasmuch as the Court of Appeals has rejected the notion that section 277 (4) is a “taxing” […]
The Fourth Department determined Supreme Court should not have granted defendant’s motion for summary judgment on plaintiff’s res ipsa loquitur case of action. Plaintiff was injured when a handrail came loose from the wall in her apartment building: Supreme Court … erred in granting defendant’s motion for summary judgment dismissing the complaint on the ground […]
The Fourth Department, over a two-justice dissent, affirmed the grant of summary judgment to defendant restaurant owner. A chair at the restaurant collapsed when plaintiff sat down. The court determined the defendant did not have constructive notice of the condition of the chair and the doctrine of res ipsa loquitur did not apply: The duty […]
In a detailed decision construing contract language, the Fourth Department noted that the conversion cause of action should be dismissed because no tortious conduct over and above the failure to fulfill the contract was alleged: “[I]t is well established that a cause of action to recover damages for conversion cannot be predicated on a mere […]
The Fourth Department determined the current owners of land contaminated with petroleum between 1890 and 1935 were strictly liable for clean-up under the Navigation Law, despite intervening use of the land as a scrap yard: We conclude that plaintiffs established their entitlement to a determination that defendants are contributing “dischargers” pursuant to Navigation Law § […]
The Fourth Department determined the condemnation of land by the Lockport Industrial Development Agency (LIDA) and the related State Environmental Quality Review Act (SEQRA) review were properly done. The court determined that the failure to consider future development of the land did not amount to an improper segmentation of the SEQRA review process: The court […]
The Second Department determined that members of a “Neighborhood Preservation Coalition” did not have standing to challenge the construction of a shopping mall. The petitioners lived approximately 1300 to 2000 feet away from the proposed construction site: Contrary to the petitioners’ contention, the Supreme Court properly concluded that they lacked standing. ” [I]n land use […]
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