The Second Department determined that defendant insurance company’s failure to issue a second request for verification to the hospital which had submitted a no-fault claim precluded the insurance company from asserting the hospital’s failure to reply to the request for verification as a basis for not paying the claim within 30 days: Upon the hospital’s […]
In a neglect proceeding, the Third Department, in the full-fledged opinion by Justice Spain noted the evaluating psychologist’s testimony must be entirely discounted because the psychologist reviewed sealed documents to which he should not have had access: …Steven Silverman, [the evaluating psychologist] reviewed not only the subject reports, but also many of the other juvenile […]
The Third Department, in a full-fledged opinion by Justice Spain, determined Family Court had improperly allowed Court Appointed Special Advocates (CASA) to have access to confidential records and proceedings concerning children who were in foster care. The court first noted that CASA was not a party and therefore did not have the right or capacity to […]
The Second Department, over a dissent, determined petitioner met his burden of proof in establishing his acknowledgment of paternity (AOP) was signed by reason of mistake of fact and sent the matter back for a determination of paternity: Here, the petitioner testified that he signed the AOP because, during the relevant time period, he and […]
The Second Department determined that a request for pre-action disclosure of the name of an anonymous blogger (whom petitioners alleged posted defamatory remarks during an election campaign) should not have been granted. Pre-action disclosure should only be allowed when the petitioner has alleged facts indicating the existence of a cause of action. Here the facts […]
The Second Department determined expert testimony about “adolescent sexual abuse” was properly admitted in a sex-crime trial to explain delay in reporting, imprecise memory, accommodation, and a “flat affect” during testimony: “Expert testimony is properly admitted if it helps to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond […]
In a SORA reclassification proceeding, the Third Department, over a dissent, determined the defendant was not deprived of due process by the SORA court’s denial of an adjournment for the purpose gathering all the documents reviewed by the Board of Examiners of Sex Offenders in making its updated recommendation. The Third Department noted that, unlike […]
The Second Department determined a discrepancy between the felony complaint and the superior court information (SCI) rendered the SCI jurisdictionally defective: Where a defendant waives the right to be prosecuted by indictment and consents to be prosecuted by SCI, the SCI “must either charge [the] defendant with the same crime as the felony complaint or […]
The Second Department determined the defendant, who brought a motion to vacate a default judgment in an automobile-accident case, was estopped from claiming he was not properly served because he never notified the Department of Motor Vehicles of his change of address: Since the respondent failed to notify the DMV of his change of residence, […]
The Second Department determined the “insanity toll” of a statute of limitations (CPLR 208) did not apply to plaintiff’s decedent, and the lawsuit was therefore time-barred. Plaintiff alleged plaintiff’s decedent was unable to protect his legal rights when he was hospitalized: CPLR 208 provides, in pertinent part, that where the plaintiff is suffering from the […]
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