1,805 results for 'court:"New York Appellate Divisions"'.
J. Aarons finds that the lower court properly sentenced defendant in absentia and outside his plea deal after he cut off his ankle bracelet and absconded because defendant had been expressly advised by the court that both could occur if he failed to show up for sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113291, Categories: Sentencing, Assault, Plea
J. Lynch finds that the lower court properly classified defendant as a risk level three sex offender on remand from the finding that he had received ineffective assistance because his presumptive level two designation was automatically raised to level three in light of his 1993 conviction for attempted rape. Meanwhile, he was deemed a sexually violent offender and a predicate sex offender. Affirmed
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 25, 2024, Case #: 531683, Categories: Sentencing, Sex Offender
J. Mackey finds that the lower court properly classified defendant as a risk level two sex offender with a sexually violent offender designation. Defendant contends sworn statements from his then-13-year-old victim contained discrepancies concerning allegations that he used forcible compulsion and engaged in sexual intercourse with her, but the girl subsequently divulged other sexual abuse committed by defendant while she was in therapy.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 25, 2024, Case #: 533009, Categories: Evidence, Sex Offender
J. Reynolds Fitzgerald finds that defendant was properly denied reclassification after being designated a risk level three sex offender for raping two minors. Defendant, who had been held in civil confinement for violating parole, and who went back to prison after being convicted of an aggravated family offense, points to the fact that he was 62 years old, but he failed to demonstrate that he completed sex offender treatment. Meanwhile, defendant's lengthy criminal history accumulated other convictions. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 25, 2024, Case #: 535716, Categories: Sentencing, Sex Offender
Per curiam, the appellate division finds that the lower court properly denied the patient's motion for leave to amend the bill of particulars in a medical malpractice claim. The patient's excuse that she only learned of the new claims after the parties' depositions is not reasonable, as the medical records should have informed her of these claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02262, Categories: Evidence, Medical Malpractice
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Per curiam, the appellate division finds that the lower court improperly denied the flooring subcontractor's motion for a property inspection in a trip and fall suit alleging a woman tripped over a vent hole in the carpet. The contractor is entitled to inspect the site of the incident giving rise to the woman's serious injuries, even if the vent cover has already been replaced. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02251, Categories: Evidence, Tort
[Consolidated.] J. Powers finds that the lower court properly denied borrowers reargument in collections claims for failure to present material facts challenging proof of credit card charges proffered by the bank, and because the borrower's affirmative defense of usury lacked merit, since New York usury laws do not apply to national banking institutions located outside the state. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-22-2220, Categories: Banking / Lending
J. Fisher finds that the workers' compensation board improperly denied a senior court officer benefits on grounds that he was not a participant in 9/11 rescue, recovery, and cleanup efforts at the World Trade Center. The officer qualified for benefits under the "liberal construction" of special provisions of workers' compensation law tied to the New York attacks, as the officer helped clear the area for emergency vehicles and personnel. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 25, 2024, Case #: CV-23-0103, Categories: Workers' Compensation
J. McShan finds that the workers' compensation board properly awarded benefits to a health care aide after determining her head, neck, and arm injuries had been job-related because, while no one witnessed the aide fall inside the home of a patient, she had been found there unconscious and bleeding. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: April 25, 2024, Case #: CV-23-0221, Categories: Workers' Compensation
J. Lynch finds that the workers' compensation board properly declined to reconsider the denial of a housekeeper's claim seeking benefits for injuries sustained to her back and both knees because board members who denied the claim for failing to provide timely written notice did not commit an abuse of discretion upon also denying reconsideration. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 25, 2024, Case #: CV-23-0370, Categories: Civil Procedure, Workers' Compensation
J. Powers finds that the lower court improperly declined to recalculate a father's child support arrears after he lost his full-time job because omissions in financial paperwork were not relevant to the 17-month period during which the father was either unemployed or only worked part-time while being treated for kidney failure. On remittal, the court should determine how to credit an overpayment of child support that had been made after one of his three children turned 21. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-23-0508, Categories: Family Law
Per curiam, the appellate division finds that that lower court properly denied the man's petition to be deemed a member of the NYC Employees' Retirement System based on his work for 54 days in 1997 as a provisional assistant engineer. The man never applied for membership in the pension system, and cannot not seek retroactive membership. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02198, Categories: Pensions, Labor / Unions
J. Iannacci finds that the lower court properly found that the Education Law's notice of claim requirements do not apply to charter schools. A mother sued the charter school for a bullying incident where her special needs daughter was pushed to the floor, injuring her elbow. The mother was not required to serve a notice of claim on the school before filing this tort action. "Neither the public character nor the purpose of charter schools renders them equivalent to a school district for purposes of invoking the protections of notice of claim statutes." Affirmed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: April 24, 2024, Case #: 02205, Categories: Civil Procedure, Education, Tort
Per curiam, the appellate division finds that the lower court improperly ordered the defendants to respond to the second set of interrogatories for information identifying any gifts or transfers made to family members since 1998 in this suit seeking a judgment to declare plaintiff the sole owner and stockholder of the family business. This request is overly broad and burdensome, as the only relevant period is for gifts or transfers made in 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02182, Categories: Business Practices, Discovery
Per curiam, the appellate division finds that the lower court improperly dismissed the paternal grandmother's petition for additional visitation with her grandchildren due to the mother's cancellation of visits. The grandmother is entitled to a hearing on her allegations that the mother interfered with her visitation rights and whether that conduct warrants a modification of the visitation order. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02201, Categories: Family Law
Per curiam, the appellate division finds that the lower court improperly dismissed the insurer's claim for a declaratory judgment that it has no duty to defend the archdiocese in 1500 underlying sexual abuse actions. The insurer's allegations concerning the archdiocese's longstanding awareness of sexual abuse should not have been discounted. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02139, Categories: Tort, Indemnification
Per curiam, the appellate division finds that the lower court properly denied the former employee's claim to have a 65% ownership interest in the firm, but also denied the firm's motion to dismiss the claim that she was never given the value of her interest in the firm within 60 days of her resignation. The parties' agreement is ambiguous on the issue of what the employee is to be paid out for there interest in the firm, so this issue must go to a jury. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02133, Categories: Employment, Contract
Per curiam, the appellate division finds that the lower court improperly dismissed an employee's race discrimination claims against the city. The employee raised an inference of racial animus through allegations of differential treatment of similarly situated white officers. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02156, Categories: Employment Discrimination
Per curiam, the appellate division finds that the lower court properly granted the university's motion to dismiss a former student's petition to reinstate her to an occupational therapy master's program. The student was dismissed based on her failing grade in a required course, and was reasonably provided accommodations for her multiple health and learning disabilities. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02159, Categories: Education, Due Process
J. Singh finds that the lower court improperly found defendant does not suffer from a mental abnormality that predisposes him to commit sexual offenses by conflating legal standards in its assessments of the state's case. Further, the court improperly relied upon extra-record psychological research on several important issues, such as the effect of opioid use on sexual offending without notifying the parties. Reversed.
Court: New York Appellate Divisions, Judge: Singh, Filed On: April 23, 2024, Case #: 02158, Categories: Sex Offender, Commitment
Per curiam, the appellate division finds that attorney Zak Ahmad Aljaludi, who had been suspended for failing to meet registration requirements, should be disbarred in New York for misconduct committed in New Jersey, including misappropriation of client funds, which led to disbarment in that state. Aljaludi demonstrated a "lack of interest in his fate as an attorney" by failing to respond to the New Jersey charges, which also included misrepresentation, poor recordkeeping, and failing to cooperate with the misconduct investigation, and he similarly failed to respond to disciplinary charges brought in New York.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-69-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court improperly consolidated the creditor's 2016 breach of contract action against the borrower with its 2022 fraudulent conveyance action. It is inappropriate to consolidate a lawsuit sounding in contract with one sounding in tort, and the fraudulent conveyance claim will be moot if the creditor fails to win the breach of contract action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02086, Categories: Civil Procedure, Fraud, Contract
[Consolidated.] J. Garry finds that the lower court properly held both parties at fault concerning a usurious private loan that had been induced by fraud because evidence indicated the borrower had no intention of paying back the lender and that the lender fashioned a separate consulting agreement that pushed the loan's interest rate into usurious territory. The court did not abuse its discretion in ordering that the $200,000 loan be repaid but at a statutory interest rate of 9%. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 18, 2024, Case #: CV-22-2152, Categories: Fraud, Banking / Lending, Contract
J. Reynolds Fitzgerald finds that an opinion should be vacated in dismissing an appeal on grounds that plaintiff, a roofer, had not been aggrieved by the workers' compensation board's decision that apportionment did not apply to his claims, as substantial evidence supported the rejection of apportionment percentages as set by a physician who reviewed plaintiff's medical records. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 18, 2024, Case #: 535730, Categories: Workers' Compensation
Per curiam, the appellate division finds that the lower court improperly denied the rear-ended driver's motion for summary judgment on the issue of liability. A rear-end collision with a stopped vehicle presents a presumption that the driver of the rear vehicle was negligent and the defendant bus driver presented no evidence to show the stopped driver was culpable for the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02103, Categories: Vehicle
J. Clark finds that the lower court properly held the county responsible for poor road conditions that caused a motorcyclist to be thrown from his bike after losing control of the vehicle. The motorcyclist may have been convicted of DUI, but driving while intoxicated had not been the proximate cause of his injuries, as his traveling companions also had problems controlling their bikes on the same stretch of roadway. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 18, 2024, Case #: 535621, Categories: Tort, Vehicle
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to vehicular assault for injuring a child as passenger while driving under the influence of drugs. Defendant contends his sentence was harsh, but the underlying offense was serious, and he was a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112913, Categories: Sentencing, Dui
Per curiam, the appellate division finds that defendant was properly convicted based on his guilty plea to rape for engaging in sexual activity with an 11-year-old relative. Defendant challenged the imposition of the maximum term of probation, but the record indicates he failed to fully accept responsibility for the crime, insisting he was protecting a young girl who was "overly hormonal" and "super aggressive sexually." Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113103, Categories: Sentencing, Child Victims