1,819 results for 'court:"New York Appellate Divisions"'.
J. Egan finds that the lower court properly dismissed claims in which a father sought custody of his son after his relationship with the mother dissolved because the mother had stayed home to care for the child for two years before returning to work, and the father's housekeeping and hygiene skills were lacking. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 9, 2024, Case #: 536134, Categories: Family Law
J. Egan finds that the lower court properly temporarily removed three children from their parents' care based on neglect findings because the children lived in imminent risk of harm due to the lack of running water in the home, as well as incidents in which the father overdosed while the children were in his care and the mother assaulted the children's maternal grandmother during an argument. Subsequently, the grandmother was put in charge of their care, a role she had filled in the past. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 9, 2024, Case #: CV23-0474, Categories: Family Law
J. Mackey finds that the tax appeals tribunal properly denied a motor fuel distributor a refund for excise taxes paid under protest for fuel brought into the state because the distributor failed to definitively document that the taxes had been paid by the buyer. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: May 9, 2024, Case #: CV-23-0108, Categories: Tax
Per curiam, the appellate division finds that the lower court improperly found for a mason who was injured while removing and replacing bricks. He proved his case by showing that the ladder on which he was working fell while he was eight feet above the ground and supported this with photographic evidence. However, he also testified inconsistently about the event and whether he promptly reported the accident or not, which requires further proceedings. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02609, Categories: Labor
Per curiam, the appellate division finds that the lower court improperly dismissed a medical malpractice and ordinary negligence suit. At the nursing home facing the claim, registered nurses performed all patient assessments, so the claimant's nursing expert had the requisite experience to opine as to whether the fall in question could have been prevented. Further proceedings are needed since challenges regarding an expert's qualifications do not affect the admissibility of their testimony, but rather the weight it should be afforded. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02608, Categories: Experts, Medical Malpractice
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J. Powers finds that the lower court properly held that a change in state executive law that established the commission on ethics and lobbying in government was unconstitutional. Former Gov. Andrew Cuomo brought the claim after the new ethics panel took up a probe initiated by its predecessor into his book on leading during the Covid-19 pandemic. However, alterations configured by the state legislature failed to observe the traditional separation of powers by usurping a governor's executive authority and making the new commission the enforcer of ethics laws instead. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: May 9, 2024, Case #: CV-23-1778, Categories: Government
Per curiam, the appellate division finds that the lower court properly dismissed a slip and fall claim against a park where he was injured. The area in which he was harmed was full of reed beds and was not intended to be a public walkway. Therefore, the condition could be said to be incidental to the nature of the property and not reasonably foreseeable by the owner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02518, Categories: Negligence
J. Garry finds that the lower court properly convicted defendant of burglary, criminal trespass, rape, and obstruction of breathing or circulation for repeatedly entering the apartment of his former paramour, forcing her to have sex, and applying pressure to her throat. Defendant contends evidence of forcible compulsion was insufficient to support the rape count, but the victim testified about verbal abuse and physical violence leading up to the assault; that she feared defendant; and that she had not consented to sex. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 9, 2024, Case #: 112842, Categories: Burglary, Sex Offender
J. Clark finds that the lower court improperly classified defendant as a risk level two sex offender when he requested a downward departure. Case records were not preserved for meaningful appellate review, and thus the matter must be remitted for a new hearing to detail how the court had weighed factors in classifying defendant. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 9, 2024, Case #: 532396, Categories: Sentencing, Sex Offender
J. Ceresia finds that the lower court properly awarded primary physical custody of a child to the mother. The father was granted additional parenting time, but he previously lied about being the child's primary caregiver. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 9, 2024, Case #: 535843, Categories: Family Law
Per curiam, the appellate division finds that the lower court properly affirmed the board's decision to deny the correction officer disability retirement benefits. The board reasonably found that the officer's disabling knee condition was the result of a degenerative condition, and not related to a work incident. The board's finding that she did not suffer a shoulder-related disability was supported by credible evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02538, Categories: Administrative Law, Employment
Per curiam, the appellate division finds that the administrative judge properly found the residential school for children with autism committed category four neglect by failing to record a calorie count for a child, as requested by a dietician, and failing to notify a nurse when the child refused meals. The evidence supports a finding that the center failed to adequately train staff regarding the meal refusal policy or to timely inform staff of care directives. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02534, Categories: Administrative Law, Health Care
Per curiam, the appellate division finds that the lower court properly dismissed this breach of contract action over collection services for outstanding parking and traffic tickets as time-barred. The contract expired in 2016, but the company did not file suit until 2019, long after the one-year statute of limitations had expired. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02551, Categories: Civil Procedure, Contract
Per curiam, the appellate division finds that the lower court properly declined to declare the location of the border between the parties' properties, which effectively granted one owner a strip of land measuring barely four feet wide. The practical location of a boundary line and an agreement to it concludes the location of such a boundary so long as there is mutual acquiescence. The deeds in question clearly demarcate the adjoining properties and have been marked physically with a cinder block wall for over 10 years. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02519, Categories: Experts, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly declined to dismiss a medical malpractice claim filed a patient who was diagnosed with an ankle sprain. Two weeks later, he was admitted to the hospital with ischemia of the leg, which led to amputation. Although the doctor submitted an affidavit showing that he had followd the standard of care, the patient's affidavit raised issues of fact as to whether the doctor failed to complete an orthopedic consultation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02512, Categories: Property
Per curiam, the appellate division finds that the lower court properly found the insurer had untimely disclaimed insurance coverage in an underlying labor law action. The insurer had reasonable notice that the excess policy might be triggered as soon as it received a 2017 litigation plan. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02505, Categories: Insurance, Contract
Per curiam, the appellate division dismisses the tenant's appeal from a lower court order finding for the landlord on its claims for unpaid rent. The tenant's mental health services business was considered essential under the Covid-19 pandemic executive orders, so the guaranty law precluding enforcement of its commercial lease does not apply.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02494, Categories: Landlord Tenant
Per curiam, the appellate division finds that the lower court properly permitted a pedestrian to file a late notice of claim after being struck by a westbound train, which led to both of his legs were amputated. The police report indicated that the investigating officer observed petitioner being taken to the hospital, but failed to fully investigate in a timely manner. The transit authority has also failed to offer any particularized evidence showing that it will be prejudiced by the delay. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02510, Categories: Transportation, Negligence
Per curiam, the appellate division finds that the lower court improperly dismissed a legal malpractice claim. The attorney clearly failed to complete proper service, leading to dismissal. This alone would not be grounds for malpractice, but serves as such since the client managed to get a default judgment against the co-defendant on the same set of facts. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02503, Categories: Legal Malpractice
Per curiam, the appellate division finds that the lower court improperly issued a protective order for information regarding a mother's mental health records from treatment facilities. Given the family court's need to assess mental health, the record supports a finding for this. However, there is a potential risk of producing immaterial records, so balancing the court's need for relevant information with the mother's need for confidentiality. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02501, Categories: Family Law, Privacy
Per curiam, the appellate division finds that the lower court properly convicted defendant of strangulation and sexual abuse and sentenced him to 25 years in prison. The victim testified that defendant strangled her and raped her in a manner that was consistent with the forensic evidence. Even though the court should not have admitted DNA evidence obtained from a condom wrapper, this error was harmless in light of the evidence against defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02506, Categories: Dna, Sex Offender
Per curiam, the appellate division finds that the lower court properly granted the worker partially summary judgment as to liability on his labor law claim stemming from his injury while attempting to install an air conditioning coil unit at defendants' premises. When the power was cut, the unit fell on his knees and the worker was injured attempting to hold the unit to prevent it falling on his coworker below. Defendant is responsible for failing to ascertain whether there were live wires in the vicinity of the work and protect the worker against electric shock. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02497, Categories: Employment, Tort
Per curiam, the appellate division finds that the lower court improperly denied the insurance fund's motion seeking $943,000 from the company for amounts due under the policy. The business failed to show that the fund miscalculated the premiums owed under its policy. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02498, Categories: Insurance, Contract
J. Pitt-Burke finds that the lower court properly dismissed a negligence action filed against a hotel by a guest who committed suicide. The hotel did not have custody or control of the guest, and although staff delayed in calling the police, it is unduly speculative to classify this as negligence that caused the suicide. The officers who entered the room observed alcohol, pills, and a man on a ledge who they tried, but failed to talk out of jumping to his death below. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02496, Categories: Negligence
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault and strangulation. The court did not deny defendant his right to a speedy trial since the time periods in question were excluded as a reasonable time in which the state could respond to defendant's filings. The evidence also supported the finding that defendant was the initial aggressor and that prior uncharged acts of domestic abuse were relevant to prove motive and intent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02379, Categories: Assault, Domestic Violence, Speedy Trial