Fraud.
Practice point: Liability for fraud may be premised on knowing participation in a scheme to defraud, even if that participation does not by itself suffice to constitute a fraud.
Case: Danna v. Malco Realty, Inc., NY Slip Op 04309 (2d Dept. 2008)
Click here for the uncorrected opinion.
May 30, 2008
Negligence claims against the State of New York.
Practice point: The State of New York is not an insurer of the safety of its roads and no liability will attach unless the State's alleged negligence in maintaining its roads in a reasonable condition is a proximate cause of the accident.
Case: Carlo v. State of New York, NY Slip Op 04305 (2d Dept. 2008)
Practice point: The State of New York is not an insurer of the safety of its roads and no liability will attach unless the State's alleged negligence in maintaining its roads in a reasonable condition is a proximate cause of the accident.
Case: Carlo v. State of New York, NY Slip Op 04305 (2d Dept. 2008)
May 29, 2008
Equitable estoppel.
Practice point: Equitable estoppel will bar the assertion of the Statute of Limitations as an affirmative defense when it was the defendant's wrongdoing which caused the delay between the accrual of the cause of action and the commencement of the legal proceeding.
Case: Bevinetto v. Plotnick, NY Slip Op 04302 (2d Dept. 2008)
Practice point: Equitable estoppel will bar the assertion of the Statute of Limitations as an affirmative defense when it was the defendant's wrongdoing which caused the delay between the accrual of the cause of action and the commencement of the legal proceeding.
Case: Bevinetto v. Plotnick, NY Slip Op 04302 (2d Dept. 2008)
May 28, 2008
May 27, 2008
Business judgment rule.
Practice point: The business judgment rule, which applies to condominium boards, prohibits judicial inquiry into the actions of the board as long as it acts for the condominium's purpose, within its authority and in good faith.
Case: Acevdeo v. Town N Country Condominium, NY Slip Op 04295 (2d Dept. 2008)
Practice point: The business judgment rule, which applies to condominium boards, prohibits judicial inquiry into the actions of the board as long as it acts for the condominium's purpose, within its authority and in good faith.
Case: Acevdeo v. Town N Country Condominium, NY Slip Op 04295 (2d Dept. 2008)
May 23, 2008
Labor Law § 240(1)
Practice point: An object falling from a minuscule height is not the type of elevation-related injury that the statute was intended to protect against. Moreover, for the statute to be implicated, the object must have been in the process of being hoisted or secured when it fell because of inadequate safety devices.
Case: Cambry v. Lincoln Gardens, NY Slip Op 04047 (2d Dept. 2008)
Practice point: An object falling from a minuscule height is not the type of elevation-related injury that the statute was intended to protect against. Moreover, for the statute to be implicated, the object must have been in the process of being hoisted or secured when it fell because of inadequate safety devices.
Case: Cambry v. Lincoln Gardens, NY Slip Op 04047 (2d Dept. 2008)
May 22, 2008
May 21, 2008
May 20, 2008
May 19, 2008
May 16, 2008
Drug Testing of School Bus Drivers.
Practice point: A driver who refuses to take a drug test will be removed immediately from active duty for at least one year and will not return to duty until passing a drug test, pursuant to Administrative Code § 17-610[c].
Case: Matter of Gomez v. New York City Dept. of Educ., NY Slip Op 03956 (1st Dept. 2008)
Practice point: A driver who refuses to take a drug test will be removed immediately from active duty for at least one year and will not return to duty until passing a drug test, pursuant to Administrative Code § 17-610[c].
Case: Matter of Gomez v. New York City Dept. of Educ., NY Slip Op 03956 (1st Dept. 2008)
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