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Cárdenas v. Walgreens - Court Opinion
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision denying a motion to dismiss a complaint filed by Jerel Cárdenas against Walgreens. The court found that the plaintiff's allegations stated a claim under the rescue doctrine, and the primary assumption of risk doctrine was a fact-specific inquiry better suited for summary judgment.
Galloway v. Arthur Clinton Hous. Dev. Fund Corp. - Personal Injury Appeal
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision denying a motion for summary judgment in a personal injury case. The case involves a trip and fall incident on a sidewalk where construction work was being performed.
Calle v. 686 Broadway Realty, LLC - Labor Law Opinion
The Appellate Division of the Supreme Court of New York affirmed a lower court's order granting partial summary judgment to the plaintiff in Calle v. 686 Broadway Realty, LLC. The court found the general contractor, Schimenti Construction Company, LLC, liable under Labor Law §§ 240(1) and 241(6) for injuries sustained by an employee due to an unsecured plank.
People v. Ioannidis - Court Opinion
The Appellate Division of the Supreme Court of New York affirmed a conviction for manslaughter and assault against Athanasios Ioannidis. The case involved an explosion caused by an unauthorized gas delivery system that resulted in fatalities and injuries.
Matter of J.S.G. - Termination of Parental Rights
The New York Appellate Division affirmed a Family Court order terminating the parental rights of respondent father based on abandonment. The court found clear and convincing evidence that the father had minimal contact and provided no financial support for the child during the relevant period.
Lackenbauer v. 162 Fifth Ave. Assoc. LLC - Labor Law Opinion
The New York Appellate Division issued an opinion in Lackenbauer v. 162 Fifth Ave. Assoc. LLC, modifying a lower court's decision regarding Labor Law § 241(6) claims. The court partially denied summary judgment on liability for a claim premised on Industrial Code § 23-2.1(a)(1) and the dismissal of an affirmative defense.
Henriquez v City of New York - Appellate Division Decision
The Appellate Division of the Supreme Court of New York reversed a lower court's dismissal of a discrimination complaint against the City of New York. The court found the complaint was timely filed under the New York City Human Rights Law and reinstated the case for further consideration of the plaintiff's amendment request.
Matter of Z.R. - Child Neglect Determination
The Appellate Division of the Supreme Court of New York affirmed a Family Court's determination that a mother neglected her child. The court found that the mother's use of a controlled substance placed the child at imminent risk of harm, upholding the child's placement with the Commissioner of Social Services.
Grey v. LIC Dev. Owner, L.P. - Rent Overcharge Case
The Appellate Division of the Supreme Court of New York modified a lower court's order in Grey v. LIC Dev. Owner, L.P. The court declared early occupancy license agreements void and granted summary judgment for rent overcharges for class members who received renewal leases at unauthorized intervals. A rent freeze was imposed until registrations are corrected.
People v. Scott-Manson - Criminal Conviction Appeal
The Appellate Division of the Supreme Court of New York modified a judgment against Jeremy Scott-Manson, vacating his sentence and remanding for resentencing. The court affirmed his conviction for attempted assault in the first degree, assault in the second degree, and criminal possession of a weapon in the third degree.
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