The Second Department determined plaintiff’s breach of contract action in this medical malpractice case was properly dismissed for failure to state a cause of action: … [A] cause of action to recover damages for breach of contract to provide medical services “will withstand a test to its legal sufficiency only where it is based upon […]
The Second Department, modifying Supreme Court, determined plaintiff’s breach of contract action based upon an unexecuted contract which could not be completed within a lifetime was properly granted. Plaintiff’s decedent was a member of a limited liability company (Ocean Rich) which had taken out a life insurance policy for plaintiff’s decedent, payable to Ocean State. […]
The Second Department determined Supreme Court properly considered the submission of a renewed power of attorney in reply papers in this foreclosure proceeding. Apparently the power of attorney submitted with the bank’s motion papers had expired: Contrary to the appellants’ contention, the Supreme Court properly considered a renewed power of attorney submitted by the […]
The First Department, in a full-fledged opinion by Justice Richter, over a two-justice dissent, determined a hearing must be held to decide whether the remains of Archbishop Fulton Sheen should be removed from St. Patrick’s Cathedral in New York City to Peoria, Illinois, in anticipation of Archbishop Sheen’s Sainthood. The affidavits submitted by Archbishop Sheen’s […]
The Fourth Department, reversing Supreme Court, determined plaintiff’s motion for summary judgment should not have been granted and defendants’ cross-motion for summary judgment should have been granted in this dog bite case. Defendant Garrett was dog-sitting Lily, a pit bull owned by defendant Hunt, in a fenced yard. Plaintiff brought her dog, Chloe, into the […]
The Fourth Department, reversing Supreme Court, determined defendants’ motion for summary judgment in this dog bite case should have been granted. Defendants demonstrated they did not have actual or constructive notice of the dog’s vicious propensities: Since at least 1816 … , “the law of this state has been that the owner of a […]
The Fourth Department remitted the matter to Surrogate’s Court for a determination of the reasonableness of the attorney’s fees Surrogate’s Court had awarded petitioner. Petitioner trustee filed a petition for judicial settlement and final accounting regarding a trust. Surrogate’s Court awarded attorney’s fees to the petitioner but did not make the required findings: We […]
The Fourth Department determined the plaintiff’s motion to renew, based upon a change in the law, made when the case was no longer pending, was properly denied as untimely. A case relied upon in deciding the motion had been disavowed by the 2nd Department: CPLR 2221 (e) does not impose a time limit on motions […]
The Fourth Department, reversing Supreme Court, determined that it is improper for a court to consider whether there was “good cause” for making an untimely dispositive motion when the “good cause” argument is raised for the first time in the reply papers: Defendants’ summary judgment motion was made 618 days after the deadline set forth […]
The Fourth Department, reversing Supreme Court, determined that defendant doctor’s motion for summary judgment on statute of limitations grounds in this medical malpractice action should not have been granted. If the action had sounded in battery, it would have been untimely. But the doctor’s papers did not demonstrate the action sounded in battery, as opposed […]
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