A Sharply Divided First Department Holds that a School Is Not Liable for Failing to Notify a Parent about a Fist Fight Involving Her Son which Occurred On School Grounds and Which Led to a Subsequent Fist Fight Which Occurred Off of the School Grounds
» Volume 27, Summer 2011 - PDF | 170 kb
After an Emotionally Disturbed Son Shot and Killed His Mother, Lower Court Denies the City’s Summary Judgment Motion and Finds Questions of Fact as to Whether a Special Relationship Was Created When Mother Summoned Police Officers to Her Home Several Times for Domestic Disputes Involving Her Son
» Volume 26, Summer 2011 - PDF | 153 kb
Court of Appeals Holds that Conditions Involving Snow or Ice Need Not Be Immediately Created In Order to Hold a Municipality Liable Under the Affirmative Creation Exception to the Prior Written Notice Rule
» Volume 25, Spring 2011 - PDF | 220 kb
Third Department Upholds Dismissal of Teacher for Sexually Grooming Former Students
» Volume 24, Fall 2010 - PDF | 175 kb
In a Wrongful Termination Claim, Terminating a Non-New York Resident from a New York Headquarters Is Insufficient to Invoke Subject Matter Jurisdiction in Our Courts Without Establishing that the Wrongful Termination had an Impact in New York
» Volume 23, Fall 2010 - PDF | 161 kb
VTL § 1104 (e)'s "Reckless Disregard" Standard is Not Applicable When the Emergency Vehicle Driver is the Plaintiff Faced with a Comparative Negligence Defense
» Volume 22, Spring 2010 - PDF | 645 kb
A Gap Between the Metal Portion and the Concrete Portion of a Curb Is Not a "Sidewalk" For Purposes of Imposing Liability On a Property Owner
» Volume 21, Winter 2010 - PDF | 646 kb
A Divided Court of Appeals Deems Unconstitutional a City Ordinance That Imposes a Curfew on Minors
» Volume 20, Fall 2009 - PDF | 200 kb
Whether Or Not a Letter Provides Adequate Prior Written Notice of a Street Defect is a Question of Fact for Trial
» Volume 19, Summer 2009 - PDF | 282 kb
Municipal Lack-Of-Notice Defense, Snow And Ice On Sidewalks, Police Officer Liability And Qualified Immunity For Highway Design
» Volume 18, Spring 2009 - PDF | 247 kb
A Municipality Does Not Have Actual Notice Of a Sidewalk Defect or Pothole Unless the Big Apple Map Symbol Indicates the Type of Defect that Actually Caused the Plaintiff's Injury
» Volume 17, Winter 2009 - PDF | 170 kb
Late Notice of Claim Allowed Against School District That Had Actual Notice
» Volume 16, Winter 2008 - PDF | 92 kb
Court of Appeals Finds Workplace Discrimination Claim Against School District Barred by One-Year Statute of Limitations
» Volume 15, Summer 2008 - PDF | 274 kb
Qualified Immunity Shields University From Suit
» Volume 14, Spring 2008 - PDF | 261 kb
The New York State Appellate Division Second Department Carves Out Another Exception To The Prior Written Notice Law
» Volume 13, Winter 2007-2008 - PDF | 439 kb
When You Are Served With A Summons And Complaint
» Volume 12, Summer 2007 - PDF | 115 kb
The Timeliness In Filing An EEOC Charge Concerning Subsequent Effects Of Past Discrimination
» Volume 11, Summer 2007 - PDF | 248 kb
The United States Supreme Court Rules On High-Speed Police Pursuit
» Volume 10, Spring 2007 - PDF | 155 kb
The New York State Court Of Appeals Limits What Is Considered To Be A "Special Duty"
» Volume 9, Winter 2006-2007 - PDF | 157 kb
The New York State Court Of Appeals Defines Further The Requirements For A Notice Of Claim
» Volume 8, Winter 2006-2007 - PDF | 215 kb
Federal Rules of Civil Procedure
» Volume 7, Winter 2006 - PDF | 251 kb
United Stated Supreme Court Issues a New Standard for Employer Liability for Retaliation: If an Employer's Retaliatory Actions Could Dissuade a Reasonable Worker from Making or Supporting a Charge of Discrimination Then the Employer Will Be Liable
» Volume 6, Summer 2006 - PDF | 301 kb
A Municipality Is Not Liable Unless Police Officer Acted In "Reckless Disregard"
» Volume 5, Summer 2006 - PDF | 59 kb
A Municipal Employee Has No First Amendment Protection Under the United States Constitution for Speech Made Pursuant to the Employee's Official Duties
» Volume 4, Summer 2006 - PDF | 252 kb
Plaintiff Must Purchase a New Index Number Despite Having Paid For and Obtained an Index Number for a Prior Special Proceeding under G.M.L. § 50-e.
» Volume 3, Spring 2006 - PDF | 116 kb
An Action Against A Municipality Cannot Suffice as a Notice of Claim for Damages that Accrue After the Start of the Action
» Volume 2, Winter 2006 - PDF | 312 kb
A Municipality Is Not Liable For "Discretionary Acts" Of Its Agents Absent A "Special Relationship"
» Volume 1, Fall 2005 - PDF | 244 kb