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 […]
The Third Department determined that the employer should be reimbursed for the personal leave credits used by an employee during the period of disability. The employee’s receiving full wages plus the leave time pay justified the reimbursement: The circumstances presented here are distinguishable from Matter of Poupard v Mohonasen Cent. School Dist. (56 NY2d 764, […]
The Second Department determined Supreme Court should not have vacated the arbitrator’s award because the award was not “irrational:” “[J]udicial review of arbitration awards is extremely limited” … . In determining any matter arising under CPLR article 75, “the court shall not consider whether the claim with respect to which arbitration is sought is tenable, […]
The Second Department determined the parties had entered an agreement to arbitrate and, because interstate commerce was involved, federal arbitration law applied. A New York architectural firm was hired re: the renovation and construction of buildings in Connecticut: As a threshold matter, the defendants are correct in asserting that this action is governed by the […]
The Second Department determined the police officer who stopped the car in which defendant was a passenger did not have probable cause to search the interior of the car after the occupants were out of the car and had been patted down. The court explained the relevant law: ” [A] police officer acting on reasonable […]
The Second Department determined defense counsel’s absence from an exchange between the judge and a juror, which led to the disqualification of the juror, required reversal: The juror reported that a third party had told him that the defendant had an “aggressive demeanor,” was a “little wild,” was “somebody you don’t mess around with,” and […]
In a full-fledged opinion by Justice Tom, the First Department determined that a conveyance of an apartment from mother to son, after an arbitration award against the mother, was not done in “good faith” and therefore constituted a constructively fraudulent conveyance under Debtor and Creditor Law sections 273-a and 278: The Debtor and Creditor Law […]
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