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State Courts -
New York - January 30, 2007
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Loiaconi v. Village of Tarrytown, 2006-00853, 2006-04870, (Index No. 20380/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Because a library's exterior staircase came within the purview of Village Law § 6-628, the plaintiff, who fell down the staircase, could not invoke the special use" doctrine; consequently, the village was entitled to summary judgment when the plaintiff failed to provide proper notice of the accident.
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Ludin v. Crestwood Country Day School, Inc., 2006-02113, (Index No. 15903/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Triable issues of fact existed as to whether plaintiff slipped and fell on icy patch, whether defendant had constructive notice of alleged defect, and whether defendant was negligent in failing to provide safe path, as plaintiffs submitted accident report drafted by defendant's director in which he stated plaintiff slipped and fell on icy patch.
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Mars v. Grant, 85-86, Index 114865/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Martinez 2001 v. New York City Campaign Fin. Bd., 9083, Index 101420/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: Judgment was reversed as Councilman had adequate remedy at law by way of CPLR art. 78 proceeding and claim that by requiring him to answer charges that lacked reasonable specificity, New York City Campaign Finance Board violated his due process rights, did not establish exception to exhaustion requirement for unconstitutional agency action.
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Matter of Aveonis Mgt, Inc. v. Kranker, 2005-05147, (Index No. 4157/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Although the record lacked any basis for a determination that an individual had abandoned a home improvement contract, the county department of consumer affairs properly determined that a contractor had done so; therefore, the trial court erred in granting the CPLR art. 78 petition to vacate the determination against the contractor.
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