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20 Apr 2023, 5:00 am
“PREPONDERANCE OF THE EVIDENCE” SUPPORTED ABUSE FINDINGSAfter he was found by the Kings County Supreme Court to have sexually abused one child, and to have “derivatively abused” another, the father appealed.On its review of the case, the Appellate Division, Second Department, noted that the testimony was properly recorded and transcribed, and that the record showed, by a “fair preponderance of the evidence,” that the dad regularly abused his… [read post]
29 Dec 2022, 5:00 pm
Apparently, they demanded the production of medical records related to any pre-existing injuries to that part of her body, asserting that such information was “material and necessary” to the defense of the litigation.But the Kings County Supreme Court didn’t agree and limited the production of those records. [read post]
8 May 2023, 8:00 am
TENANT WASN’T REQUIRED TO IDENTIFY SUBSTANCE WITH PRECISIONAfter she fell on an interior staircase step, M.D. filed suit against her building’s owner in the Kings County Supreme Court seeking to recover damages for her injuries.But when the landlord sought the case’s dismissal -- via a motion for summary judgment -- that request was granted, and M.D. ended up filing an appeal.On its review, the Appellate Division, Second Department, noted that a party can't… [read post]
6 Jun 2023, 5:00 am
NOTE OF ISSUE STRICKEN BECAUSE “MATERIAL DISCOVERY WAS OUTSTANDING”Because he had suffered an injury while on-property, GG commenced a personal-injury action against the owner, One Hudson Yards Owner, LLC, and others, in the Kings County Supreme Court.When GG’s lawyer later filed a form with the court claiming that the case was ready for trial, the defendants objected citing GG’s failure to provide medical authorizations (which had been demanded back in… [read post]
27 Mar 2023, 11:00 pm
When the Kings County Civil Court granted that request, an appeal to the Appellate Term, Second Department, followed.Because it thought the woman’s eleventh-hour jurisdictional arguments were entirely makeweight, or had been waived by her participation in the underlying action and entering into a settlement agreement, the AT2 reversed the court below. [read post]
6 Dec 2023, 10:00 pm
After her daughter’s death, the maternal grandmother petitioned the Kings County Family Court for visitation with her grandchild. [read post]
3 May 2024, 5:00 am
(hereinafter “Swarovski”), seeking damages.When the Swarovski defendants moved to dismiss so much of the case that had been filed against them, the Kings County Supreme Court granted that request.On appeal, the Appellate Division, Second Department, noted that for there to be negligence liability, there must be a duty owed by the parties being sued, a breach of that duty, and the injury must have been caused by that breach.Since Swarovski didn’t own, occupy,… [read post]
13 Nov 2023, 10:00 pm
ANOTHER MAN ASSUMED PARENTAL ROLEWhen a biological father’s paternity petition was denied on equitable estoppel grounds by the Kings County Supreme Court, he appealed.Shortly after Jemelle’s kid was born in 2011, Latina, the mother, hooked up with another guy, Christopher, who had two additional children with the woman. [read post]
8 May 2023, 11:00 pm
  After the Kings County Civil Court denied the parties' respective motions -- via summary judgment -- for a pre-trial determination in their favor, an appeal to the Appellate Term, Second Department, ensued.The problem with this “succession” claim was that, for the two-year period preceding her grandmother’s demise, GM failed to live in the apartment contemporaneously and continuously -- with the AT2 attributing those gaps to GM securing medical… [read post]
26 Apr 2023, 5:00 am
ORDER OF PROTECTION SOUGHT TO PROVIDE MEANINGFUL PROTECTIONAfter a fact-finding hearing, the Kings County Family Court determined that MF had committed family offenses of “attempted assault in the third degree, harassment in the second degree, and disorderly conduct. [read post]
23 May 2024, 5:00 am
When she later filed a personal-injury lawsuit, the defendants claimed that her case had to be dismissed because the parties had a “special relationship,” as defined by the Worker’s Compensation Law, which thus barred the litigation’s continuation.After the Kings County Supreme Court denied that request, an appeal to the Appellate Division, Second Department, followed.On its review, the AD2 noted that, in order to determine whether the Workers Compensation… [read post]
7 Jul 2020, 6:45 am
LawrenceMay 21, 2020Allegany, Cattaraugus, Chautauqua, Erie, NiagaraMay 25, 2020Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, WestchesterMay 26, 2020Albany, Columbia, Greene, Rensselaer, Saratoga, Schenectady, Warren, WashingtonBY REGION Source:  https://www.nycourts.gov/whatsnew/pdf/AO-114-20.pdfThere. [read post]
14 Aug 2023, 5:00 am
ACTS OF DOMESTIC VIOLENCE WERE COMMITTED IN THE CHILDREN’S PRESENCEAfter the Kings County Family Court found that he had neglected his children, the father appealed to the Appellate Division, Second Department.But on its review of the record, the AD2 noted when acts of domestic violence are committed in the presence of children, the Family Court is free to conclude that the “children's physical, mental, or emotional conditions were impaired or in imminent danger of… [read post]
8 Mar 2016, 4:05 am by Howard Friedman
King County, Washington, (Docket No. 15-584, cert. denied 3/7/2016). [read post]
1 Jan 2024, 10:00 pm
After she made a request for telephone, video and in-person access, the Kings County Family Court granted everything but in-person access.On appeal, the Appellate Division, Second Department, had an issue with the denial, noting that while access determinations are left to the Family Court’s discretion, there must be a “sound and substantial basis in the record” for a denial, including a determination that the grant would work to the child’s detriment.The… [read post]
20 May 2024, 5:00 am
But since the loan vehicle exceeded her insurance recovery by about $4000, she filed a small claims case against RE & WMN (the owner and driver of the vehicle that hit her) seeking to recoup $4000 – which represented that differential.After the Kings County Civil Court found in her favor, the defendants appealed. [read post]
31 May 2024, 5:00 am
Some two years after that motion was granted in tenant’s favor, the latter moved to amend her answer to include additional facts about the owner's “fraudulent deregulation scheme,” but the Kings County Civil Court denied that request.On appeal, the Appellate Term, Second Department, noted that absent surprise or prejudice, amendments of pleadings are to be “freely granted” unless the proposed documents are “palpably insufficient or patently… [read post]
3 Jan 2024, 4:00 am
Because she failed to provide any evidence as to the rug’s damaged condition nor presented evidence of the rug’s value, the Kings County Civil Court ended up dismissing the case. [read post]
2 Jul 2014, 11:39 am by Mary Whisner
Dep't of Education, National Center for Homeless EducationNational Association for the Education of Homeless Children and YouthWashington State Office of Superintendent of Public Instruction, Homeless EducationSeattle Public Schools, Health & Safety—HomelessnessSeattle King County Coalition on Homelessness* See p. [read post]
26 Aug 2015, 1:08 pm by Kevin L. Britt
In a recent unpublished opinion, the Washington Court of Appeals affirmed a trial court's decision that a recorded view easement protects views of the Olympic Mountains from the main floor of a home in rural King County and requires maintenance of vegetation on an adjacent property to the extent that it exceeds the top of certain foothills and obstructs the view of the mountains which appears above them. [read post]