The Second Department, in a full-fledged opinion by Justice Connolly, over a partial concurrence and partial dissent, determined the trustees (officials) of a sovereign Native American nation may be sued in New York State courts for their off-reservation actions. Here the defendants constructed billboards within a highway right of way which traversed land owned by […]
The Second Department, reversing the order of disposition in this juvenile delinquency proceeding, determined the order of fact-finding was against the weight of the evidence, the appellant was stopped by the police in the absence of reasonable suspicion, and the victim’s identification of the appellant should have been suppressed. The victim was struck from behind […]
The Second Department, reversing Family Court, determined the support magistrate should not have applied Colorado law. Although the parties were divorced in Colorado, the parties and the children all reside in New York: “The Uniform Interstate Family Support Act . . . , ‘adopted in New York as article 5-B of the Family Court Act, […]
The Second Department, reversing Supreme Court, determined the motion for leave to file a late notice of claim against the New York City Health and Hospitals Corporation (NYCHHC) for medical malpractice, as well as the motion for leave to renew based upon recently disclosed medical records, should have been granted: … [P]etitioner established a reasonable […]
The Second Department, reversing Supreme Court, determined the judge could not deny the motion to dismiss the Article 78 petition/complaint and then consider the merits and dismiss the petition/complaint before allowing the respondent to interpose an answer. In addition, the court did not have the authority to consider issues not addressed by the underlying administrative […]
The Second Department, reversing Supreme Court, determined the complaint should not have been dismissed on “neglect to proceed” grounds after plaintiffs’ failure to comply with the 90-day notice: “CPLR 3216 is an extremely forgiving statute which never requires, but merely authorizes, the Supreme Court to dismiss a plaintiff’s action based on the plaintiff’s unreasonable neglect […]
The Second Department, reversing Supreme Court, determined the defendant owner of defendant corporation (Tatiana Batin) and the corporation (Godess … Spa …) were not properly served with the summons and complaint in this action alleging an employee of defendant corporation sexually abused plaintiff during a massage: … [P]laintiff failed to demonstrate by a preponderance of […]
The First Department, reversing Family Court, determined the court improperly delegated to mother the authority to control father’s visitation with the child. The First Department noted that forensic mental health examinations may be appropriate where, as here, a child refuses to visit with a parent: Here, Family Court’s order that the father have visitation as […]
The First Department, reversing Supreme Court, determined the language of the guarantees controlled and the guarantors were relieved of responsibility for the tenant’s rent payments when the tenant surrendered the property in compliance with the terms of the guarantees. Although the guarantees referred to surrendering the premises in the condition required by the lease, the […]
The Second Department, reversing Supreme Court, determined a plaintiff is not required to serve a notice of claim for a tort action against a charter school. Here the infant plaintiff was injured on the playground of a charter school (Evergreen) and Supreme Court dismissed the case because no notice of claim had been served on […]
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