1,819 results for 'court:"New York Appellate Divisions"'.
J. McShan finds that the lower court improperly dismissed claims brought after a bicyclist was hit by a car while exiting a bike path. The cyclist admitted he failed to make a full stop at a stop sign located on the path before he entered the intersection, but questions of fact remain unresolved as to whether the driver should have seen the bicyclist as she made a left-hand turn. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 2, 2024, Case #: CV-23-1540, Categories: Vehicle, Negligence
J. Fisher finds that the lower court improperly annulled the decision authorizing an oversight agency to use an aquatic herbicide to control spread of the invasive Eurasian watermilfoil in Lake George. The board of the Adirondack Park Agency rationally approved the permit, as members received scientific studies and research demonstrating that the herbicide would be minimally harmful to native plants and water insects and more cost-effective than previously attempted eradication methods. Meanwhile, the agency was due judicial deference on factual evaluations within its area of expertise. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 2, 2024, Case #: CV-23-0672, Categories: Administrative Law, Environment
Per curiam, the appellate division finds that the lower court properly granted the flooring subcontractors' motion to dismiss a personal injury suit because the worker's accident was not in connection with their work. The accident, caused when a scaffold wheel fell into an uncovered hole, occurred two weeks after the floor subcontractors left the job. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02364, Categories: Construction, Tort
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Per curiam, the appellate division vacates its March 2024 order naming the Mid-Hudson Women's Bar Association as custodian to take possession of the files of Delores Felice Seligman, a deceased attorney, who had been suspended for failing to cooperate with an investigation into the management of her escrow account.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: PM-77-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Yasutaka Orihara may not be reinstated from his May 2019 suspension for failing to meet registration requirements because Orihara failed to demonstrate compliance with continuing legal education requirements for suspensions of longer than two years.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: PM-78-24, Categories: Attorney Discipline
[Consolidated.] J. Ceresia finds that the lower court improperly convicted defendant of assault, use of a firearm, and weapon possession as an accomplice to a street shooting and robbery. Defendant may have been present in the chaotic altercation that preceded the shooting, but he had not been captured striking the victim on the head or taking a handgun on the surveillance video. Defendant drove a vehicle that pursued the victim after the shooting and stopped as directed so someone else could rob the victim, but evidence did not indicate defendant shared a "community of purpose" with the assailants. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 2, 2024, Case #: 113207, Categories: Firearms, Assault, Accomplice Liability
J. Pritzker finds that a mother's appeal from an order to vaccinate one of her five children against Covid-19 should be dismissed as moot. All the children were temporarily removed from her custody at one point, and vaccination had been sought for the middle child so he could remain in a residential facility due to his autism and related behavior. The vaccination occurred and the children were returned to the mother's care, and thus no controversy remains.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 2, 2024, Case #: 535362, Categories: Civil Procedure, Family Law
J. Fisher finds that the lower court properly terminated a mother's parental rights for permanent neglect of her four children. After the children were removed from her care, the mother failed to take full advantage of programs and services directed toward mental health and chemical dependency issues, and she made little effort to reunite with them. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 2, 2024, Case #: 535706, Categories: Family Law
J. Egan finds that the lower court properly terminated a father's parental rights for abandoning his two children because both children had been placed in the care of their paternal aunt soon after birth, and the father made little effort during his subsequent incarceration to communicate with them. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 2, 2024, Case #: CV-23-0861, Categories: Family Law
Per curiam, the appellate division finds that the lower court properly permitted a victim of child sexual abuse to refile his claim with a request for punitive damages. The Child Victims Act creates a two-year revival window for previously time-barred abuse claims, such as the victim's being abused by multiple teachers at his school. Claim revival statutes like this do not violate due process so long as they are enacted as a reasonable response. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02339, Categories: Civil Procedure, Education
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: Civil Procedure, Education, Contract
Per curiam, the appellate division finds that the lower court properly declined to vacate a default on a real property contract and promissory note. Because the buyers failed to provide any reasonable excuse for their default or a good reason to be permitted to grant a late answer, their action fails. There is also no evidence to support the claim that the summons and complaint were too hidden in the packet of documents delivered to the buyers to be read in a timely manner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02338, Categories: Civil Procedure, Contract
Per curiam, the appellate division finds that the lower court improperly set aside a jury verdict finding that a physician who treated the decedent had committed medical malpractice. Failing to send the decedent to the emergency room was a clear departure from the standard of care. The jury had ample evidence to find this, given that the decedent would not have committed suicide that day had he been admitted to the hospital. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02340, Categories: Civil Procedure, Education
Per curiam, the appellate division finds that the lower court properly declined to dismiss the borrower's counterclaim in a foreclosure suit. Such suits must be filed within six years of the lender accelerating the mortgage, even if the mortgage is payable in installments. The counterclaim plainly showed that the debt was accelerated in 2008, more than six years prior to filing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02342, Categories: Civil Procedure, Property, Banking / Lending
Per curiam, the appellate division finds that attorney Katherine Ann Aidala of Colorado may be reinstated following her January 2014 suspension for failing to meet registration requirements and grants her leave to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-71-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the homeowner is entitled to nominal damages of $10 in a breach of contract action against her neighbor who completed their renovation using a cheaper brick that does not exactly match the homeowner's front façade. No evidence was admitted as to the cost of the bricks the defendant neighbor used, so it is not possible to determine the difference between that figure and the cost of matching bricks. However, the homeowner is entitled to attorney fees of $30,000, 10 percent of the amount she requested. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02253, Categories: Attorney Fees, Contract
Per curiam, the appellate division finds that the lower court improperly dismissed a petition for a declaration that the July 27, 2023 elections of the democratic district leaders for the 68th Assembly District, Part A are null and void. The elections were invalid because the meeting of 13 out of 84 members of the divisional committee lacked a quorum, and notice for the meeting should have been sent to members elected in the June 2023 primaries, not the outgoing 2022 members. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02255, Categories: Elections
Per curiam, the appellate division finds that the lower court properly dismissed an employee's age discrimination suit. The employer submitted evidence that it believed its swap dealer registration was imminent, and therefore restructured the employee's department based on the bank's anticipated future needs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02264, Categories: Employment Discrimination
Per curiam, the appellate division finds that attorney Kali Chantelle Jones may be reinstated following her may 2019 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-75-24, Categories: Attorney Discipline
J. Powers finds that the lower court properly classified defendant as a risk level two sex offender after adding "points" to his assessment for sex crimes committed against a stranger when he grabbed the victim's buttocks and masturbated in front of her at a bus stop. Without direct evidence that defendant knew the victim, the inference that they were not acquainted was reasonable. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-23-1315, Categories: Evidence, Sentencing, Sex Offender
J. Garry finds that the workers' compensation board properly disallowed a benefits claim after determining a warehouse associate had not suffered a job-related occupational disease. The associate contends he performed repetitive motions in lifting, reaching, and squatting, but he offered insufficient medical evidence to establish a causal relationship between his injuries and a distinctive feature of the job. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 25, 2024, Case #: CV-23-0563, Categories: Workers' Compensation
Per curiam, the appellate division finds that attorney Demetra Agriantonis may be reinstated following her January 2014 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-70-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Sabrina Alyce Nelson may be reinstated following her May 2019 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-72-24, Categories: Attorney Discipline
J. Pritzker finds that defendant was properly sentenced based on his guilty plea to aggravated vehicular homicide and aggravated driving while intoxicated for driving the wrong way on a state highway and hitting an oncoming vehicle, killing one occupant and severely injuring another. Defendant points to his limited criminal history and that he had been in grief following his daughter's death in a car accident the year before, but the negotiated sentence took into account the life-altering impact this event had on him and his victims' families. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 25, 2024, Case #: 112475, Categories: Sentencing, Vehicular Homicide
J. Aarons finds that defendant was properly convicted of menacing for threatening hospital security guards who tried to stop him from taking a wheelchair while he was being escorted out of the emergency department for acting aggressively toward staff, as the guards' testimony established they reasonably feared others could be injured when defendant brandished a knife. The lower court improperly ordered defendant to wear leg shackles during trial and failed to issue curative instructions to the jury, but the error was harmless given the overwhelming evidence of guilt. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113131, Categories: Evidence, Menacing
J. Fisher finds that an inmate was improperly found guilty of smuggling and possessing a weapon in charges brought when a ceramic scalpel was found on the ground after he was observed dropping something from his pocket. Meaningful review could not occur due to inaudible gaps in the hearing transcript, and remittal for a new hearing would not be feasible due to the inmate's parole release. Thus, the determination must be annulled and expunged.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 25, 2024, Case #: 535826, Categories: Weapons, Prisoners' Rights
Per curiam, the appellate division finds that the lower court properly awarded Home Depot $1.1 million plus interest in a dispute arising from an escrow account set up in connection with the parties' asset purchase agreement, which allocated $5 million to be used to indemnify Home Depot for non-compliant products. Home Depot is entitled to damages for losses attributable to inventory it acquired in the deal that was subsequently recalled. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02256, Categories: Corporations, Business Practices, Banking / Lending