1,819 results for 'court:"New York Appellate Divisions"'.
Per curiam, the appellate division finds that the lower court improperly dismissed the building owners' claim that the city's Local Law 97, which targets building emission limits to combat climate change and improve air quality, is preempted by New York State's Climate Leadership and Community Protection Act. A reasonable reading of the state law could understand the law as prohibiting local legislation that limits the state's authority to implement greenhouse gas emissions reduction measures. However, the owners' due process claims were correctly dismissed. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02754, Categories: Environment, Municipal Law, Preemption
Per curiam, the appellate division finds that the lower court properly found for the city in a dispute over its finding that the property owners received an overpayment on their Build it Back Better Grant, a Superstorm Sandy disaster recovery program, and must repay $222,000. The property owners made an inaccurate claim of the amount of insurance proceeds they received, violating their obligations under the terms of the grant. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02761, Categories: Administrative Law, Property
Per curiam, the appellate division finds that the lower court properly awarded the defendant engineering firm attorneys fees after it won a $428,000 judgment. The firm is entitled to fees under the parties' subcontract, and New York law applies to the fee request because the court ruled in plaintiff's favor on the inapplicability of the Virginia choice-of-law clause in the subcontract. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02752, Categories: Choice Of Law, Attorney Fees, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the appellate division finds that attorney Devon Joseph Casertino should be censured for failing to abide by terms set for his conditional admittance to the bar, including that he associate with an experienced lawyer and refrain from engaging in solo practice. Meanwhile, the parties jointly agreed to discipline in the form of censure. However, Casertino's pending request to discontinue those conditions should be denied as inadvisable at this time.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: PM-94-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court improperly denied the hospital's motion to dismiss a wrongful death action stemming from its treatment of a patient's skin ulcers. The family's expert's opinion is speculative as to how the skin ulcers led to the patient's death from pneumonia. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02751, Categories: Experts, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly granted the employer's motion to dismiss an employment retaliation suit. The employee failed to show that "malevolence" was the sole motivation for his demotion after an internal investigation found he had engaged in workplace discrimination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02753, Categories: Employment Retaliation
Per curiam, the appellate division denies the tenant's petition to compel the city Department of Housing to supplement the record after it granted the landlord's request to evict her. The landlord validly served its notice of default on the tenant, and reasonably relied on the one tax return that she submitted at the hearing to demonstrate she did not use the apartment as her primary residence.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02756, Categories: Landlord Tenant
Per curiam, the appellate division finds that the lower court properly excluded the defendant tour company's expert disclosure because it was not accompanied by a written report containing the alleged false online reviews considered by the expert informing the opinion. The omission of this information prejudiced the plaintiff taxi tour companies' ability to respond to the expert's opinion. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02760, Categories: Fraud, Experts, Discovery
Per curiam, the appellate division finds that the lower court properly declined to dismiss a negligence suit filed by a visitor who slipped and fell on an improperly waxed floor. Although deposition testimony established that wax was not used on the marble floors and that staff regularly cleaned and inspected the lobby, the visitor raised the possibility that wax residue was present. The janitorial company being sued was clearly responsible to prevent such misapplications. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02677, Categories: Negligence
Per curiam, the appellate division finds that respondent Mitchell Moses Ozeri must be suspended for two years from the practice of law in New York. He deposited a settlement check into an escrow account in which he commingled personal funds. He admitted to his misconduct and testified that his clients all received their settlement funds, so disbarment is unnecessary.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02709, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly declined to dismiss a personal injury suit filed by a cyclist whose bicycle collided with a Transit Authority vehicle. Motorists are generally required to keep a reasonably vigilant eye out for cyclists, and the driver here did not provide enough testimony to show that this took place. A witness also testified that she did not recall if the cyclist ever crossed the double yellow line prior to contact with the bus. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02681, Categories: Transportation, Negligence
Per curiam, the appellate division finds that the lower court properly denied the city's motion to dismiss a personal injury suit stemming from an injury sustained by a cyclist when yellow caution tape became wrapped around her bike's handlebars. Photos support the cyclist's claim that the traffic barrel was clearly visible, but the caution tape tied slackly to the barrel was not visible prior to the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02714, Categories: Tort
Per curiam, the appellate division finds that the lower court improperly dismissed this personal injury suit stemming from a car accident. Issues of fact remain as to whether the defendant driver was at fault in causing the accident, and whether the plaintiff driver sustained a serious injury as a result of the collision. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02718, Categories: Tort, Vehicle
Per curiam, the appellate division finds that the lower court properly denied the property owner's motion to enter a default judgment in a foreclosure action. The lender showed a reasonable excuse for its short delay in answering the complaint based on law office miscommunication. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02722, Categories: Civil Procedure, Foreclosure
Per curiam, the appellate division finds that the lower court properly declined to overturn the New York State Division of Housing and Community Renewal's refusal to overturn order of a rent administrator. Although the tenants attested to the importance of elevator operators to the security of the building, eliminating them did not violate city regulations. The landlord has provided an adequate substitute in the form of new employees. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02656, Categories: Administrative Law, Landlord Tenant
Per curiam, the appellate division finds that the lower court improperly declined to dismiss a slip and fall complaint filed by a pedestrian who slipped on snow on a sidewalk. Because there was an ongoing storm, the property owner cannot be held responsible for any accidents caused by snow or ice accumulating throughout the storm. Snow was still falling at the time of this accident, and the owner did not take remedial measures that ended up worsening the situation. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02683, Categories: Negligence
Per curiam, the appellate division finds that the lower court properly convicted defendant of attempted assault and weapon possession. Although the state failed to disclose a police report in time, defendant failed to show that this actually prejudiced him, especially since defense counsel was aware of the information in the report and was allowed to cross-examine the relevant witness. Defendant had no right to youthful offender treatment sice he was convicted of an armed felony due to firing multiple shots at a person on a busy street. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02675, Categories: Prosecutorial Misconduct, Assault, Weapons
Per curiam, the appellate division finds that attorney Alexander R. Cane must be subjected to reciprocal discipline based on a finding that he committed misconducted toward judges and staff in a New Jersey immigration court. He verbally insulted them in speech and in email, but he also has no formal prior disciplinary record and 30 years of practice helping underrepresented clients. He made an apology and a display of remorse as well, but these do not eliminate the need for discipline.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02668, Categories: Immigration, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly convicted defendant of criminal contempt and witness tampering and sentenced him to up to 14 years in prison. Juror misconduct did not require a mistrial here since there was simply a misunderstanding between two jurors that led one to conclude that the other had conducted outside research about defendant. The state failed to preserve the recording of the 911 call in question, but this was not due to bad faith or any intention to prejudice defendant's case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02673, Categories: Witnesses, Contempt
Per curiam, the appellate division finds that the lower court properly upheld a restraining order that limited former president Donald J. Trump's ability to make public statements about senior prosecutor Matthew Colangelo or Justice Juan Merchan's daughter and prohibited him from responding to statements made by witnesses Michael Cohen and Stormy Daniels. Although litigants maintain their First Amendment rights during litigation, the court did not unduly limit these or fail to consider less restrictive alternatives. Trump's documented tendencies to make statements with immediate, real-world consequences to witnesses poses a significant threat to their willingness to participate fully in the proceedings, which triggered the court's duty to shield them. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02680, Categories: Civil Procedure, Restraining Order
Per curiam, the appellate division finds that the lower court improperly dismissed the patient's medical malpractice claim stemming from the hospital's alleged failure to timely diagnose her preterm labor, resulting in her baby being born with cerebral palsy. The hospital cannot simply assert that its doctors did not deviate from accepted medical practice to avoid liability without making a specific showing of its practices that resulted in the alleged injury. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02712, Categories: Medical Malpractice
Per curiam, the appellate division finds that the lower court improperly dismissed a personal injury suit stemming from a bricklayer's injury while working. The bricklayer was standing on a scaffold when he was struck by several bricks that fell from the roof. The employer's court filings fail to prove the bricks that struck the man fell due to the lack of a safety device. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02716, Categories: Tort
Per curiam, the appellate division finds that respondent Gaurav Malhotra must be disbarred from the practice of law in New York. In 2007, he was a nightclub owner who sexually assaulted a waitress who worked for him, leading to a conviction for sexual abuse that he failed to report to the grievance committee. He also failed to express specific remorse for his actions or acknowledge personal responsibility.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02708, Categories: Attorney Discipline