The Second Department determined Supreme Court had correctly found a change in circumstances justifying a change in the custody arrangement (sole custody awarded to the plaintiff). Despite the stipulation allowing liberal visitation by the plaintiff, the defendant did not comply with the agreement: “Where parents enter into an agreement concerning custody, it will not be […]
The Second Department determined Family Court should have terminated father’s child support obligation because the child was “constructively emancipated: ””It is fundamental public policy in New York that parents are responsible for their children’s support until age 21″ … . “However, under the doctrine of constructive emancipation, a child of employable age who actively abandons […]
The Second Department determined defendant was not entitled to summary judgment dismissing the complaint on the ground that the condition causing plaintiff’s injury was open and obvious. Plaintiff stepped back when fireworks were being set off in defendant’s yard. Plaintiff tripped on blocks forming a border around a tree and was impaled on a wooden […]
The Second Department determined a defect which caused plaintiff to trip was “trivial” as a matter of law. The defect was a difference in height between two concrete slabs in a sidewalk: A property owner may not be held liable for trivial defects, not constituting a trap or nuisance, over which a pedestrian might merely […]
The Second Department reversed Supreme Court, finding that the setback lines drawn on a subdivision map were not reflected on the documents in defendants’ chain of title and, therefore, did not run with the land: “[T]he policy of the law is to favor free and unobstructed use of realty” … . “[A] purchaser takes with […]
The Second Department determined that plaintiff’s action to quiet title was not time-barred. Plaintiff alleged decedent’s signature on a deed was forged. By alleging the 1998 deed was void, plaintiff is presumed to have had possession of the premises within the statutory 10-year statute of limitations for adverse possession: CPLR 212(a) provides that “[a]n action […]
In a full-fledged opinion by Judge Graffeo, over a dissent, the Court of Appeals determined there was a question of fact whether the relationship between the insurance broker and the plaintiff was a “special relationship” such that the broker might be liable for negligent advice about sufficient coverage. Plaintiff was a business owner who suffered […]
In a full-fledged opinion by Judge Smith, over a dissent, the Court of Appeals determined defendant had implicitly and explicitly waived his right to be present during side-bar conferences (the “Antommarchi” right). The implicit waiver was the defendant’s inaction after the trial judge informed him he was welcome to attend the side-bar conferences. And the […]
The First Department, after finding substantial evidence to substantiate the charges made by the housing authority (NYCHA) against the tenant-petitioner, determined the termination of the tenancy was “shocking to the conscience.” Petitioner had acted out angrily in a confrontation with a housing authority employee: …[W]e find that termination of petitioner’s tenancy, is, based on the […]
The First Department determined there was no conflict between Delaware and New York law concerning non-solicitation agreements. Therefore, because the parties disagreed about which law should be applied (despite the contractual agreement to apply Delaware law), the court applied New York law, the law of the forum state: By their own terms, all of the […]
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