The First Department, reversing Supreme Court, determined defendant out-of-possession landlords’ motion for summary judgment should have been granted in this sidewalk slip and fall case: Defendants cannot be held liable for injuries allegedly sustained by plaintiff when he slipped on snow and ice on the sidewalk adjacent to their property, because they were out-of-possession […]
The Third Department determined there was substantial evidence, in the form of expert testimony, that claimant’s stroke was caused by pre-existing medical conditions and not the particular conditions of work on the day the stroke happened. Because there existed substantial evidence to support the Workers’ Compensation Board’s ruling, the court cannot disturb it: Claimant’s […]
The Third Department determined the mandated technique for computing lost wages applied even though the employee worked only sporadically as needed. The employee had worked only 16 days during the 52-week period but was entitled to benefits calculated at 200 times his daily wage: Where, as here, Workers’ Compensation Law § 14 (3) applies, […]
The Third Department determined claimant was entitled to 375 weeks of benefits for a permanent partial disability which resulted in a 70% loss of wage-earning capacity (should she stop working), even though she returned to work at full pay: Following a hearing, a Workers’ Compensation Law Judge (hereinafter WCLJ) classified claimant with a permanent […]
The First Department, over an extensive, substantive, two-justice partial dissent, determined there were questions of fact whether an opening in the floor constituted an open and obvious condition and whether the contractor (Harbour) which removed an obsolete tank, exposing the opening, was liable to plaintiff for “launching an instrument of harm.” Plaintiff was working near […]
The First Department, reversing Supreme Court, determined plaintiffs’ apartments, which received tax benefits pursuant to Real Property Tax Law 421-g are subject to the luxury vacancy decontrol provisions of the NYC Rent Stabilization Law. Therefore plaintiffs’ apartments were properly deregulated and were not subject to rent stabilization: Except for condominiums and cooperatives, dwellings in […]
The First Department determined defendants’ motion for summary judgment in this Labor Law 240 (1) action was properly denied. Plaintiff was attempting to remove planks covering an opening over an elevator shaft. His foot slipped on oil and he was injured trying to maintain control of a blank. Cribbing under the planks should have been […]
The First Department determined that a claim against the bankrupt’s (Daffy’s) insurer is not barred by the insured’s (Daffy’s) discharge in bankruptcy: The court correctly determined that this third-party action against Daffy’s Inc. is not barred by the “Stipulated Order” in Daffy’s bankruptcy proceeding, in which third-party plaintiff [property owner] , waived and released any […]
The Third Department, reversing Family Court, in a full-fledged opinion by Justice Lynch, determined the child was entitled to findings which would enable him to apply for special immigrant juvenile status. The court explained the relevant steps in the immigration process: In November 2015, Family Court granted the petition of Ericza K. and appointed […]
The First Department, reversing Supreme Court, determined plaintiff’s false arrest, false imprisonment and malicious prosecution causes of action should have been dismissed. Drugs were found in her apartment when a search warrant was executed in her absence. Her children’s father pleaded guilt to possession of the drugs. The First Department determined there was probable cause for […]
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