Tortious interference.
Practice point: New York does not recognize a cause of action for tortious interference with a prospective inheritance.
Case: Jacobs v. Kay, NY Slip Op 03710 (1st Dept. 2008)
May 7, 2008
An independent contractor's duty to warn.
Practice point: In the absence of a contract for routine or systematic maintenance, an independent contractor or repairer has no duty to install safety devices or to inspect or warn of any purported defects.
Case: Ledesma v. Aragona Mgt. Group, NY Slip Op 03694 (1st Dept. 2008)
Practice point: In the absence of a contract for routine or systematic maintenance, an independent contractor or repairer has no duty to install safety devices or to inspect or warn of any purported defects.
Case: Ledesma v. Aragona Mgt. Group, NY Slip Op 03694 (1st Dept. 2008)
May 6, 2008
May 5, 2008
May 2, 2008
Labor Law § 740
Practice point: This whistleblower's statute prohibits an employer from retaliating against an employee who discloses to a supervisor an employer's activity, policy or practice which is in violation of law, rule or regulation and presents a substantial and specific danger to the public health or safety. To sustain this cause of action, plaintiff must offer proof of an actual violation, and not merely the reasonable belief of a possible violation.
Case: Berde v. North Shore-Long Island Jewish Health System, Inc., NY Slip Op 03409 (2d Dept. 2008)
Practice point: This whistleblower's statute prohibits an employer from retaliating against an employee who discloses to a supervisor an employer's activity, policy or practice which is in violation of law, rule or regulation and presents a substantial and specific danger to the public health or safety. To sustain this cause of action, plaintiff must offer proof of an actual violation, and not merely the reasonable belief of a possible violation.
Case: Berde v. North Shore-Long Island Jewish Health System, Inc., NY Slip Op 03409 (2d Dept. 2008)
May 1, 2008
General Municipal Law § 50-i
Practice point: While infancy automatically tolls the one-year and 90-day statute of limitations for commencing an action against a municipality, infancy alone does not compel the granting of a motion for leave to serve a late notice of claim when the delay is not the product of the infancy.
Case: Arias v. Kings County Hospital Center, NY Slip Op 03407 (2d Dept. 2008)
Practice point: While infancy automatically tolls the one-year and 90-day statute of limitations for commencing an action against a municipality, infancy alone does not compel the granting of a motion for leave to serve a late notice of claim when the delay is not the product of the infancy.
Case: Arias v. Kings County Hospital Center, NY Slip Op 03407 (2d Dept. 2008)
April 30, 2008
Custody rights.
Practice point: As between a parent and a nonparent, the parent has the superior custody right which cannot be denied unless the nonparent establishes that there is an extraordinary circumstance such as surrender, abandonment, persistent neglect, unfitness, or involuntary disruption of custody over an extended period of time.
Case: Cockrell v. Burke, NY Slip Op 03452 (2d Dept. 2008)
Practice point: As between a parent and a nonparent, the parent has the superior custody right which cannot be denied unless the nonparent establishes that there is an extraordinary circumstance such as surrender, abandonment, persistent neglect, unfitness, or involuntary disruption of custody over an extended period of time.
Case: Cockrell v. Burke, NY Slip Op 03452 (2d Dept. 2008)
April 29, 2008
April 28, 2008
April 25, 2008
CPLR 2221[e][2], [3]
Practice point: A motion for leave to renew must be supported by facts, not offered on the prior motion, that would change the prior determination. In addition, the motion must contain a reasonable justification for the failure to present the facts on the prior motion.
Case: Gale v. Lotito, NY Slip Op 03457 (2d Dept. 2008)
Practice point: A motion for leave to renew must be supported by facts, not offered on the prior motion, that would change the prior determination. In addition, the motion must contain a reasonable justification for the failure to present the facts on the prior motion.
Case: Gale v. Lotito, NY Slip Op 03457 (2d Dept. 2008)
April 24, 2008
Education Law § 3813
Practice point: A notice of claim against a school district must satisfy the requirements of General Municipal Law § 50-e, including statements of the nature of the claim and the alleged damages or injuries.
Case: Melissa G. v. North Babylon Union Free School District, NY Slip Op 03456 (2d Dept. 2008)
Practice point: A notice of claim against a school district must satisfy the requirements of General Municipal Law § 50-e, including statements of the nature of the claim and the alleged damages or injuries.
Case: Melissa G. v. North Babylon Union Free School District, NY Slip Op 03456 (2d Dept. 2008)
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