The Second Department determined that a petition seeking to impose a constructive trust on an IRA properly survived a motion for summary judgment. The petitioners are the children of James (now deceased) and the former beneficiaries of James’ Oppenheiner Funds IRA. The respondent, Holbrook, is the executor of the estate of James’ second wife (the […]
In a full-fledged opinion by Justice Angiolillo, the Second Department determined that the County Clerk could not be sued by a judgment debtor based on the clerk’s failure to properly docket a judgment. The court held that no special duty of care was owed by the municipality to the claimant, and therefore it was unnecessary […]
The Third Department affirmed the grant of summary judgment to the defendants homeowners in a slip and fall case. Plaintiff, who was following the homeowner as they walked around the house counting windows, slipped on a slope adjacent to the house which was covered with wet leaves. The court determined defendants did not create the […]
The Third Department determined summary judgment was properly granted to defendants in a lead-paint exposure case. Plaintiff failed to raise a question of fact about whether the defendants were aware of peeling paint in the apartment: To raise a triable issue of constructive notice, plaintiff was required to show “that the landlord (1) retained a […]
The Second Department determined a question of fact existed about whether defendant created the hazardous condition (ice on a sidewalk) which caused plaintiff to fall. Defendant testified she shoveled the sidewalk which left one-foot high piles of snow on either side of the sidewalk. She also testified that she observed the piles of snow melting. […]
The Second Department determined there was no rational process by which the jury could have found the plaintiff negligent in a rear-end collision case. Plaintiff’s CPLR 4401 motion for judgment as a matter of law should have been granted. The plaintiff was stopped to allow a pedestrian, who had run in front of the vehicle, […]
In this slip and fall case, the Second Department determined that a “wheel stop” or concrete divider in a parking lot is an open and obvious condition that does not present an unreasonable risk of harm: While a landowner has a duty to maintain its premises in a reasonably safe manner for its patrons …, […]
The Second Department determined the Labor Law 241(6) action should not have been dismissed because the work plaintiff was doing, power-washing a building in preparation for painting, was not “routine maintenance,” but rather was an integral part of the painting process: The defendants failed to establish their prima facie entitlement to judgment as a matter […]
In a lengthy and thorough opinion by Justice Spain, the Third Department determined that the claimant, who was imprisoned and prosecuted based upon an administratively imposed “post release supervision” (PRS) violation, was entitled to summary judgment on his false imprisonment cause of action and had stated a cause of action for malicious prosecution. The claimant […]
The Second Department affirmed the dismissal of causes of action against media defendants who filmed the execution of a search warrant by the police. Plaintiff was shot during the incident. Plaintiff alleged that the media defendants (including Yates and HBO) had conspired with the police to use excessive force to maximize the entertainment value: A […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy