Prior written notice.
Practice point: A municipality with a prior written notice statute is not liabile for injuries caused by an improperly maintained roadway, absent the notice, unless (1) the municipality created the defect through an affirmative act of negligence, or (2) the municipality derived a special benefit from a special use of the roadway.
Case: Bogorova v. Village of Atlantic Beach, NY Slip Op 04637 (2d Dept. 2008)
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June 16, 2008
Labor Law.
Practice point: A plaintiff's rewiring of defendant's telephone system constitutes an altering of the premises, which falls within the ambit of construction work, pursuant to Labor Law § 241(6).
Case: Becker v. ADN Design Corp., NY Slip Op 04634 (2d Dept. 2008)
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Practice point: A plaintiff's rewiring of defendant's telephone system constitutes an altering of the premises, which falls within the ambit of construction work, pursuant to Labor Law § 241(6).
Case: Becker v. ADN Design Corp., NY Slip Op 04634 (2d Dept. 2008)
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June 13, 2008
Labor Law.
Practice point: The relationship necessary for Labor Law liability depends on whether the plaintiff was "permitted or suffered to work" on the premises, pursuant to Labor Law § 2[7], in fulfillment of an obligation, even if the benefit bestowed in exchange for the work was nonmonetary, pursuant to Labor Law § 2[5].
Case: Aloise v. Saulo, NY Slip Op 04629 (2d Dept. 2008)
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Practice point: The relationship necessary for Labor Law liability depends on whether the plaintiff was "permitted or suffered to work" on the premises, pursuant to Labor Law § 2[7], in fulfillment of an obligation, even if the benefit bestowed in exchange for the work was nonmonetary, pursuant to Labor Law § 2[5].
Case: Aloise v. Saulo, NY Slip Op 04629 (2d Dept. 2008)
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June 12, 2008
Administrative Law.
Practice point: At a disciplinary hearing on allegations of workplace violence, 911 recordings are admissable since they are not official records relating to the employee's arrest or prosecution, and thus are not subject to the sealing statute, pursuant to CPL 160.50.
Case: Dockery v. New York City Hous. Auth., NY Slip Op 04753 (1st Dept. 2008)
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Practice point: At a disciplinary hearing on allegations of workplace violence, 911 recordings are admissable since they are not official records relating to the employee's arrest or prosecution, and thus are not subject to the sealing statute, pursuant to CPL 160.50.
Case: Dockery v. New York City Hous. Auth., NY Slip Op 04753 (1st Dept. 2008)
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June 11, 2008
Service of process.
Practice point: A plaintiff can establish personal jurisdiction, pursuant to CPLR 308(2), when the process server delivers the summons with notice to a security guard at defendant's place of business, and also mails a copy to defendant's place of employment.
Case: Schorr v. Persaud, NY Slip Op 04440 (1st Dept. 2008)
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Practice point: A plaintiff can establish personal jurisdiction, pursuant to CPLR 308(2), when the process server delivers the summons with notice to a security guard at defendant's place of business, and also mails a copy to defendant's place of employment.
Case: Schorr v. Persaud, NY Slip Op 04440 (1st Dept. 2008)
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June 10, 2008
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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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)
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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)
Click here for the uncorrected opinion.
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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