1,804 results for 'court:"New York Appellate Divisions"'.
Per curiam, the appellate division finds that attorney Jung Sun Lee may be reinstated following her October 2021 suspension for failing to meet attorney registration requirements because Lee cured the delinquency, complied with the order of suspension, and demonstrated her fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-115-23, Categories: Attorney Discipline
J. Fisher finds that the lower court properly dismissed an inmate's claim seeking damages for retaliatory and discriminatory removal from a prison work assignment for lack of subject matter jurisdiction, as the complaint should have been filed as a special civil proceeding against a government action, not as a money claim. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 1, 2023, Case #: 534835, Categories: Damages, Jurisdiction, Prisoners' Rights
J. Egan finds that the workers' compensation board properly awarded benefits after finding a lineman suffered a compensable injury when a bucket truck overturned on the highway. The driver, a coworker, had been intoxicated, and although the lineman violated company policy by also drinking alcohol at lunch, his injuries arose out of his work. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: June 1, 2023, Case #: 534832, Categories: Workers' Compensation
J. Pritzker finds that the workers' compensation board properly denied a retail pharmacy's request to rehear or reopen claims contending a pharmacist suffered discrimination and retaliation after taking paid family leave because the record contradicts the employer's contention that it had not received notice regarding the complaint and the hearings. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 1, 2023, Case #: 534702, Categories: Civil Procedure, Workers' Compensation
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J. Reynolds Fitzgerald finds that a supermarket seafood clerk was properly found to be ineligible for pandemic unemployment assistance because the clerk left his job months before the Covid-19 pandemic hit due to a serious medical condition and, thereafter, was not available for work. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 1, 2023, Case #: 535290, Categories: Employment
Per curiam, the appellate division finds that attorney Yun Kyung Choi may be reinstated following his September 2022 suspension for failing to meet registration requirements since Choi cured the delinquency, complied with the order of suspension, and demonstrated fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-112-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Anduena Dobroshi may be reinstated following her May 2019 suspension for failing to meet registration requirements because Dobroshi cured the delinquency, complied with the order of suspension, and demonstrated her fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-113-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly annulled the town planning board's determination that the car dealership failed to satisfy a condition of its special use permit - that it provide proof it had the right to use an adjacent property owned by a third party. The dealership provided documentation that it had permission to use the subject parking area from its landlord, who claimed ownership over the area via adverse possession. The Board had no basis to require the dealership to resolve the legal uncertainty surrounding the landlord's ownership of the subject property to satisfy the condition of its permit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02879, Categories: Municipal Law, Property, Zoning
Per curiam, the appellate division finds that the lower court properly dismissed a trip and fall against ConEd. The utility showed that it did no perform work at the location of the alleged street defect. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02905, Categories: Tort
Per curiam, the appellate division finds that the lower court properly dismissed this legal malpractice action related to the firm's representation of the clinic in a contract action against a medical billing services provider. The clinic settled the underlying action in order to avoid potential criminal liability for fraud, so any claim that it would have fared better in the underlying litigation but for the firm's negligence is conclusory. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02863, Categories: Legal Malpractice
J. Gonzalez finds that the lower court properly granted the developer's claim for specific performance in a contract dispute pertaining to the sale of Inclusionary Air Rights. After agreeing to sell the rights, defendant backtracked on the sale price and asked a much steeper price. The return of the plaintiff's deposit is not an adequate remedy for the breach of this agreement, and defendant did not do due diligence in setting the original price. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: May 30, 2023, Case #: 02842, Categories: Property, Contract
Per curiam, the appellate division finds that the lower court properly ruled against the insurer in a suit stemming from its refusal to cover losses resulting from an E. Coli outbreak in the insured's Romaine lettuce. Nothing in the policy required that governmental authorities specifically identify the insured's product as the contaminated product in order for coverage to be triggered. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2023, Case #: 02846, Categories: Insurance, Contract
Per curiam, the appellate division finds that the lower court properly determined that the tenants were only entitled to damages that occurred prior to filing of the complaint, and that the landlord did not engage in a fraudulent scheme to deregulate the apartments. In the absence of a fraudulent scheme affecting the base date rent, the overage for tenants should be based on the determination of the legal rent established on the base date. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2023, Case #: 02857, Categories: Landlord Tenant
Per curiam, the appellate division finds that the lower court properly denied the city's motion to dismiss contract claims stemming from alleged breach of the parties' construction agreements except as to claims for delay damage that arose after issuance of the certificates of substantial completion. The contractors failed to seek timely review of the certificates within 30 days of the determination to issue them. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02839, Categories: Construction, Contract
J. Egan finds that the lower court properly convicted defendant based on his guilty plea to drug possession and sale. After being discharged from a judicial diversion program for committing certain violations, defendant was sentenced to the maximum permissible term, which was not harsh given his criminal history and warnings he received concerning the possible sentence length. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 25, 2023, Case #: 111507B, Categories: Drug Offender, Sentencing, Plea
J. Lynch finds that the workers' compensation board properly declined to review the denial of a claim in which an airline pilot contends he sustained brain damage from inhaling toxic fumes because the pilot failed to complete the application for review, and his subsequent request for reconsideration was properly denied. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 25, 2023, Case #: 534443, Categories: Civil Procedure, Workers' Compensation
J. Garry finds that the lower court properly declined to review denial of an inmate's grievance that his institutional account continued to be deducted for restitution imposed upon his murder conviction. The inmate contends the repayment order expired after 20 years, but the commitment papers contained no such deadline. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 25, 2023, Case #: 535870, Categories: Restitution, Prisoners' Rights
Per curiam, the appellate division finds that the lower court properly enjoined the city from charging co-payments to Senior Care health insurance plan beneficiaries, a Medicare supplemental insurance offered to current and retired city employees. The mostly retired beneficiaries would suffer irreparable harm by delaying or foregoing medical care if they were required to continue paying the co-payments pending the outcome of this case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02822, Categories: Health Care, Pensions, Restraining Order
J. Clark finds that the lower court improperly held that the former paramour of an unborn child's mother had been the "functional equivalent" of a parent at the time he neglected to put a care plan in place upon being sentenced to incarceration. The child was put in foster care after testing positive for drugs following birth, but the department of county social services failed to follow up on paternity testing or investigate whether proffered family members might be able to care for the child after the mother admitted to allegations of neglect. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 25, 2023, Case #: 533771, Categories: Family Law
J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to criminal sexual act for having contact with a person passed out from medication and incapable of consent. Defendant claimed his sentence was harsh, but he received the minimum prison term authorized for a violent sex offense, coupled with the longest permitted period of postrelease supervision to ensure extended supervision. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 25, 2023, Case #: 111981, Categories: Sentencing, Sex Offender, Plea