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26 Dec 2012, 9:35 am by Sheldon Toplitt
(Photo credit: Wikipedia)Gannett-owned The Journal News, which serves the Lower Hudson Valley (N.Y.) counties of Putnam, Rockland and Westchester, has triggered a firestorm of protest by publishing an interactive map identifying the names and addresses of those in the daily's readership area who possess handgun or pistol permits, ABC News reported.In the wake of the Newtown, Connecticut, slaughter of elementary school children and teachers by a deranged gunman, the Journal News… [read post]
24 May 2023, 11:00 pm
Parker filed a personal-injury case against the City of Yonkers, the Yonkers Department of Public Works, the Yonkers Department of Parks, Recreation, & Conservation, and, the Yonkers Shade Tree Division.After those defendants moved for pre-trial relief in their favor, the Westchester County Supreme Court granted their request, and dismissed the litigation, and an appeal to the Appellate Division, Second Department, followed.Apparently, the Yonkers defendants claimed that they… [read post]
17 Oct 2009, 4:27 pm
Suffolk and Westchester Counties is whether they will be able to keep their homes if they file for personal bankruptcy. [read post]
1 May 2024, 11:00 pm
“ASSUMPTION OF RISK” DOCTRINE DIDN’T APPLYAfter he was injured engaging in a squat exercise, RGM ended up suing this school, Manhattanville College (and others,) alleging negligence and seeking to recover personal-injury related damages.When the school sought to dismiss the case, alleging “assumption of risk” – that RMG knowingly accepted the dangers and the likelihood of possible harm that came with the sports activity – the Westchester… [read post]
31 Oct 2023, 5:00 am
Joseph’s Hospital, the latter moved to dismiss the litigation claiming that it had been filed too late.New York State law requires medical malpractice cases to be brought within 2½ years, while wrongful death cases are subject to a two-year limitations period.In this instance, because the decedent was treated in 2015 and 2016, and the action wasn’t initiated until June 2021, the Westchester County Supreme Court thought the malpractice claim was untimely; brought… [read post]
2 Jun 2023, 8:00 am
When a medical malpractice case was dismissed on default, the attorneys later moved to have that outcome modified.While a “motion to renew,” rather than a motion to “vacate the default” was made, the Westchester County Supreme Court treated it as a proper application, yet still denied the requested relief.On appeal, the Appellate Division, Second Department, noted that when a party is making this type of motion it’s required to “demonstrate both… [read post]
26 Jun 2024, 5:27 am
"ADDED: I would think the biggest problem with "We are going to show fucking AIPAC the power of the motherfucking South Bronx" is that Bowman's district is the north Bronx (along with the southern half of Westchester County). [read post]
24 May 2024, 5:00 am
And after the Westchester County Supreme Court denied that request, an appeal ensued.On its review of the record, the Appellate Division, Second Department, noted that the defendant failed to show that that the water slide was safely designed and whether it had notice of a “dangerous condition. [read post]
13 May 2024, 5:00 am
After her husband rejected those papers, RR asked the Westchester County Supreme Court to approve that service effort, claiming (without proof) that her husband had previously agreed to accept electronic service of papers. [read post]
31 Oct 2023, 11:00 pm
., who also happened to be an attorney.In response, the wife made a motion to the Westchester County Supreme Court seeking to get those messages “returned or destroyed,” alleging that the communications were protected by the “attorney-client privilege. [read post]
3 May 2013, 10:11 am
The guard had sued for personal injuries in Westchester County Supreme after falling from a loading dock. [read post]
5 Jul 2023, 8:00 am
PROBATION & MENTAL HEALTH REPORTS COST THE KID A CREDIT FOR TIME DETAINEDIn the context of a juvenile delinquency proceeding, the Westchester County Family Court found Luis to have committed an act (which if committed by an adult) which would have been akin to the “crime of arson in the second degree. [read post]
29 Jun 2023, 5:00 am
Agreeing that the claim was brought too late, the City Court of White Plains, Westchester County, dismissed the action.On appeal, the Appellate Term, Second Department, noted that while this kind of defense must normally be raised in an answer or a pre-answer motion to dismiss (whichever first occurs), since there is no “responsive pleading” in a small claims case, the objection may be interposed at trial, which is what the city did. [read post]
19 Feb 2024, 10:00 pm
Unreceptive to that claim, the Westchester County Supreme Court dismissed the case in response to the landlord’s motion for summary judgment -- i.e., pre-trial relief in its favor -- and VMS appealed.On its review, the Appellate Division, Second Department, noted that the landlord had the “burden of proof” to show it wasn’t at fault for the accident. [read post]