Court of Appeals Announces Burden Shifting Standard to Show No Substantial Prejudice to Public Corporation When Asking to Serve a Late Notice of Claim

In Matter of Newcomb v Middle Country Cent. Sch. Dist. (No. 198) previewed here, the Court of Appeals reversed an order of the Appellate Division, Second Department that had denied the plaintiff's request to serve a late notice of claim under General Municipal Law § 50-e(5) on the school district, alleging that a sign advertising a …

Court of Appeals Holds that Contract Language Making Formation “Subject to” a Future Act is Insufficient to Create a Condition Precedent

In Stonehill Capital Mgmt., LLC v Bank of the West (No. 191) previewed here, the Court of Appeals held that Bank of the West could not withdraw its acceptance of Stonehill Capital Management's winning bid at an auction of an $8.8 million syndicated loan. The Court rejected the Bank's argument that it was not bound …

On the First Day of Decision Days, the Court of Appeals Gave to Me: Two Certified Questions and Appellate Review After Involuntary Deportation

In December, the Court of Appeals generally forgoes oral argument on new appeals, but still has two days of session called Decision Days.  The Court during these days issues its final decisions from the November session, and tries to wrap up other pending matters before the start of the new year.  During the first release …

Court of Appeals Holds that Deviation from Municipal Contract RFP Evaluation Criteria is Arbitrary and Capricious

In Matter of ACME Bus Corp. v Orange County (No. 182), the Court of Appeals was asked to address whether, during the municipal bidding required for the award of local government contracts under General Municipal Law 104-b, the municipality must adhere to the public bid evaluation criteria set out in the request for proposals ("RFP") …

Court of Appeals Clarifies that Time to Object to Family Court Support Order Does Not Begin to Run Until Counsel is Served

In Matter of Odunbaku v Odunbaku (No. 183), the Court of Appeals was asked to decide whether a represented mother's objections to a Family Court support order were timely made when they were served 41 days after the Family Court clerk mailed the mother a copy of the order directly, but failed to mail a …

Court of Appeals Holds Police Officer May Pursue General Municipal Law 205-e Claim Against Municipality Where It Does Not Offer Workers’ Comp Benefits

In Matter of Diegelman v City of Buffalo (No. 168) previewed here, the Court of Appeals held that a police officer injured in the line of duty may pursue a negligence claim against his employing municipality for a negligent violation of a statutory or regulatory duty where the municipality elects not to provide workers' compensation …

Court of Appeals Upholds Syracuse Noise Ordinance Against Constitutional Vagueness Challenge

In People v Stephens (No. 171) previewed here, the Court of Appeals upheld the validity of the City of Syracuse's Noise Control Ordinance prohibiting the creation of "unnecessary noise" heard more than 50 feet from a car on a public road against a challenge by a criminal defendant that the ordinance was unconstitutionally vague under …

Court of Appeals Holds Plaintiff’s Use of Makeshift Milk Crate Steps in Lieu of a Wall Ladder Create Question of Fact in Personal Injury Action

In Newman v RPCI Landmark Properties, LLC (No. 174) previewed here, the Court of Appeals reversed the Appellate Division, First Department's order dismissing the personal injury complaint, where the First Department had held that Newman's claim was barred as a matter of law because Newman’s choice to use a set of plastic milk crates to get …

Court of Appeals Foreshadows Future Issue Concerning Summary Judgment Burden in Medical Malpractice Cases

In Pullman v Silverman (No. 151), a medical malpractice action concerning the alleged negligent administration of Lipitor and azithromycin which the plaintiff claims caused him to suffer a cardiac arrhythmia that progressed to the point of requiring placement of a permanent pacemaker, the Court held that the defendant's expert medical affidavit was insufficient to meet …

Court of Appeals Holds Youth Sports League Not Liable for Parents Fighting in Stands

The Court of Appeals decided Pink v Rome Youth Hockey Assn., Inc. (No. 158) today, an action where a parent who was hit in the head while trying to break up a fight between spectators in the stands at a youth hockey game sued the Association putting on the game for failure to protect the …