In upholding a child support stipulation which did not comply with the Child Support Standards Act (CSSA), the Second Department explained the procedure for waiving the act: Parties to a separation agreement are free to “opt out” of the provisions of the CSSA so long as their decision is made knowingly … . To ensure […]
In finding that a stipulation of settlement did not obligate the parties to file joint income tax returns, the Second Department explained the analytical criteria to be applied to a stipulation that is incorporated but not merged into a judgment of divorce: ” A stipulation of settlement which is incorporated but not merged into a […]
The Second Department, in a full-fledged opinion by Justice Miller, determined that a 2009 law which set aside $51 million for increases in judicial pay did not increase judicial compensation. The plaintiffs, judges and justices, argued that the legislation effected a pay raise because it did not reference the need for any future legislation: To […]
The Second Department explained when a separate dispositional hearing is appropriate in a proceeding to terminate parental rights based on mental illness: Although, in the context of a proceeding pursuant to Social Services Law § 384-b to terminate parental rights based on mental illness, a separate dispositional hearing is not necessarily required in every case […]
The Second Department determined there was a question of fact whether vacuuming an HVAC duct was a covered “cleaning” activity under Labor Law 240(1): Outside the sphere of commercial window washing (which is covered by Labor Law § 240[1]), the determination of whether an activity may be characterized as “cleaning” under the statute depends on […]
The Second Department determined there was a question of fact whether injury incurred at defendant’s skating rink was the result of defendant’s negligent supervision: Those charged with supervising a skating rink cannot be held liable for an injury if the act precipitating the injury was so sudden that no amount of supervision could have averted […]
In two concurring opinions, one by Judge Lippman and the other by Judge Abdus-Salaam, the Court of Appeals determined defendant did not raise an error warranting reversal. The defendant contended (1) his attorney had personal interests which conflicted with her professional obligations to him, and (2) journal entries which were unrelated to the murder with […]
The First Department explained the “foreseeability” aspect of a Labor Law 240(1) action stemming from the collapse of a building: A plaintiff in a case involving collapse of a permanent structure must establish that the collapse was “foreseeable,” not in a strict negligence sense, but in the sense of foreseeability of exposure to an elevation-related […]
The First Department, in a full-fledged opinion by Justice Renwick, over a dissent, determined that a tenant who prevailed in the defense of the landlord’s holdover proceeding was entitled to attorney’s fees pursuant to Real Property Law 24: We now find that, having prevailed in his defense of the landlord’s holdover proceeding, the tenant is […]
The First Department, over a dissent, reversed the verdict in plaintiff’s favor in a slip and fall case because of a flawed jury instruction and ordered a new trial on liability. Plaintiff alleged she slipped and fell on ice on a subway platform. The First Department determined that the jury instruction on constructive notice was […]
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