Labor Law § 240(1)
Practice point: There is no Labor Law § 240(1) liability when a worker, who had been properly equipped with safety devices, is injured after stepping into a hole in the sidewalk while exiting the bridge he had been painting.
Case: Andrade v. Triborough Bridge & Tunnel, NY Slip Op 04437 (1st Dept. 2008)
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June 9, 2008
Article 81.
Practice point: An annulment of marriage is an available remedy in an article 81 proceeding.
Case: Kaminester v. Foldes, NY Slip Op 04557 (1st Dept. 2008)
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Practice point: An annulment of marriage is an available remedy in an article 81 proceeding.
Case: Kaminester v. Foldes, NY Slip Op 04557 (1st Dept. 2008)
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June 6, 2008
The "storm in progress" rule.
Practice point: A property owner is not liable for accidents resulting from the accumulation of snow and ice on its premises until, after the storm has passed, the owner has had adequate time to ameliorate the hazards caused by the storm.
Case: Marchese v. Skenderi, NY Slip Op 04326 (2d Dept. 2008)
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Practice point: A property owner is not liable for accidents resulting from the accumulation of snow and ice on its premises until, after the storm has passed, the owner has had adequate time to ameliorate the hazards caused by the storm.
Case: Marchese v. Skenderi, NY Slip Op 04326 (2d Dept. 2008)
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June 5, 2008
Change of venue.
Practice point: A defendant's timely motion to change venue is properly noticed and heard in the county which defendant specifies as proper, pursuant to CPLR 511(a),(b).
Case: Kuzmin v. Nevsky, NY Slip Op 04324 (2d Dept. 2008)
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Practice point: A defendant's timely motion to change venue is properly noticed and heard in the county which defendant specifies as proper, pursuant to CPLR 511(a),(b).
Case: Kuzmin v. Nevsky, NY Slip Op 04324 (2d Dept. 2008)
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June 4, 2008
Adverse possession.
Practice point: If a municipality owns property in its governmental capacity, it cannot lose title through adverse possession.
Case: Gallo v. City of New York, NY Slip Op 04316 (2d Dept. 2008)
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Practice point: If a municipality owns property in its governmental capacity, it cannot lose title through adverse possession.
Case: Gallo v. City of New York, NY Slip Op 04316 (2d Dept. 2008)
Click here for the uncorrected opinion.
June 3, 2008
The emergency doctrine.
Practice point: The emergency doctrine provides that when a person is faced with a sudden and unexpected situation which is not of the person's own making, and which leaves little or no time for deliberation, no negligence will attach if the person took reasonable and prudent action.
Case: Francis v. Guzman, NY Slip Op 04315 (2d Dept. 2008)
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Practice point: The emergency doctrine provides that when a person is faced with a sudden and unexpected situation which is not of the person's own making, and which leaves little or no time for deliberation, no negligence will attach if the person took reasonable and prudent action.
Case: Francis v. Guzman, NY Slip Op 04315 (2d Dept. 2008)
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June 2, 2008
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)
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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)
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