In a full-fledged opinion by Justice Richter, the First Department reversed the denial of defendant’s motion to suppress. After a police officer stopped a vehicle (a Lexus), the officer saw the defendant approach the vehicle on foot, receive a bag from the driver, and walk away. The defendant was then ordered to stop: After pulling […]
The First Department, over a dissent, determined a slip and fall complaint should have been dismissed because the notice of claim did not accurately identify the place where the fall occurred: Under these circumstances, Supreme Court should have granted defendant summary judgment dismissing the complaint. In addition to giving a vague description in his notice […]
In a full-fledged opinion by Judge Pigott, over a dissent, the Court of Appeals answered a certified question from the Second Circuit in the negative. The question was: “Whether, under New York law, the common law right of action for breach of the fiduciary duty of confidentiality for the unauthorized disclosure of medical information may […]
The Third Department determined defendant’s indictment must be dismissed because of the People’s post-readiness delay. There were seven days left on the speedy trial clock when the People obtained a superseding indictment. The People requested an adjournment. The record did not demonstrate the length of the requested adjournment, so the People were charged with the […]
The Third Department determined summary judgment granted to the village and county in a slip and fall case should have been denied. Plaintiff tripped on patched pavement on an approach to a bridge. There was a question of fact whether the county or the village was responsible for repairs in that area. Because the information […]
The Third Department determined that Family Court’s order must be vacated because it was based upon issues not raised in objections to the Support Magistrate’s order. Because Family Court acts as an appellate court with respect to orders by the Support Magistrate, any errors must be preserved by objections: …”[A]n order from a Support Magistrate […]
The Third Department determined the employer did not demonstrate that the contractor hired by the employer had agreed to indemnify the employer for damages related to the injury of the contractor’s employee: Workers’ Compensation Law § 11 precludes third-party indemnification claims against employers unless the claim is “based upon a provision in a written contract […]
The Third Department determined summary judgment was properly denied for a nuisance cause of action. The fact that a horse pen was 100 feet from a home, and was therefore in violation of a local law requiring a distance of 500 feet, did not demonstrate per se nuisance: The per se nuisance claim is based […]
The Third Department determined that a sunset provision in a deed which referred to restrictions did not affect easements or reservations. The provision in the deed which created an easement for utilities, therefore, was valid and enforceable: Restrictions “restrain servient landowners from making otherwise lawful uses of their property” …, and Schedule A contains various […]
The Third Department determined that a question of fact had been raised about whether decedent’s wife had abandoned decedent such that she should be disqualified as surviving spouse: A person may be disqualified from inheriting from his or her deceased spouse where the surviving “spouse abandoned the deceased spouse, and such abandonment continued until the […]
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