Brother Sues to Evict Sister from Apartment I often report about decisions involving inter-generational family disputes. But, as a recent case illustrates, the Court may be called upon to adjudicate an intra-generational quarrel. Leo Yau and Lucy Yau are siblings. Leo, the apartment owner in a residential condominium, allowed Lucy to live in the unit.  Lucy made payments for her occupancy that “covered” Leo’s costs, including his mortgage and monthly maintenance.  Leo reserved one of the two bedrooms in the apartment for his own occasional use. And Lucy made occasional payments directly to the condominium board for maintenance and repairs to… Read more

Was Owner Liable for Personal Injury? Some fact patterns raise the question of why the suit was even filed?  A recent case is illustrative. On the evening of March 28, 2018, while at the gym, which is a corporately-owned location of Planet Fitness, located in the City of Newburgh, Orange County, Jason Briggs allegedly slipped and fell in a puddle of water that had accumulated near the shower in the men’s locker room. He filed a negligence action against Planet Fitness to recover damages for personal injuries he sustained due to the fall. Supreme Court dismissed Briggs’ complaint—finding that Planet… Read more

Court Reviews Quintet of Driveway Easement Claims Still another dispute between neighbors over driveway rights in which five legal grounds in support of an easement claim were asserted– and resulted in a decision that carefully explained the legal basis of each such claim and meticulously applied the law to the facts. Kurt and Gina Rogers and Pietro Melchiore owned property on Smith Drive in Endwell, New York.  The Rogers owned property which fronted on Smith Drive, while Melchiorre’s property was located directly on the property, further from Smith Drive. There were two-family homes on both properties. Melchiorre lived on his… Read more

Was Appeal Time-Barred for Late Filing of Notice With Court? It is not unusual for inmates to represent themselves in proceedings against prison authorities—legally characterized as appearing “pro se.”  But, as a recent case before New York State’s highest court illustrates, a so-called “jailhouse lawyer” may prevail in arguments against a more seasoned and licensed prosecutorial counterpart. Daniel Miller, a prison inmate, sued the Department of Correction in Supreme Court—and, representing himself, sought to appeal an adverse decision in that Court to our State’s intermediate appellate court, the Appellate Division.  The DOC moved to dismiss Miller’s appeal to the Appellate Division,… Read more

Can Purchaser Nevertheless Recover Down Payment? Contracts for the sale of real property as often as not initially provide for an “on or about” closing date–with time not being of the essence. But what happens when the closing date passes and the buyer subsequently contends that the seller could not deliver clean title as required by the contract? May the buyer recover his deposit without first setting a time of the essence closing date before which the seller can clear the title defect? In November 2006, Fermin Xelo entered into a contract to purchase residential real property from Ena M…. Read more

Court of Appeals Disagrees (4-3) Our Courts regularly hold evidentiary hearings to determine whether evidence seized by the police without a warrant should be suppressed. A recent case reached our State’s highest Court after the Supreme Court denied a motion to suppress drugs found during a traffic stop– and the Appellate Division agreed. Four Judges of the Court of Appeals affirmed in a brief opinion. But three Judges dissented in a far more detailed recitation of the facts followed by an even more comprehensive legal rebuttal. Reginald Blandford appealed the denial of his motion to suppress marijuana found during a traffic… Read more

Did In-Laws Own 25% Interest in the Property? A man purchases a brownstone in New York City and verbally agrees that his parents would receive an interest in the building and one of the four apartments in exchange for partially funding the purchase. But, as a recent case illustrates, the matter becomes far more complicated when the man and his wife part ways and, in the divorce proceeding, the wife challenges her in-law’s legal claim and equitable lien. Carol and Bernard Davis sued to quiet title to real property at 106 West 121st in Manhattan. They alleged that, in 2001,… Read more

Was There Liability for Subsequent Injury to Passenger? The police stop a car full of high school students. They arrest the driver for possession of marijuana and release the car to one of the passengers whose license does not permit him to drive with an underage passenger. An accident ensues. The underage passenger is injured and sues the police. Are the department and the officers liable for the injury? Cody Stevens was injured in a single-vehicle accident that occurred on January 12, 2015, when schools were not in session because of inclement weather. The car was occupied by a group of high school-aged… Read more

But Did They Create a Binding Joint Venture? Friends, neighbors, and acquaintances often enter into “handshake” business agreements with the best of expectations. But what suffices to create a legally enforceable “joint venture”? As a recent case illustrates, the best intentions may not be enough to support a joint venture claim. JRAP Enterprises, Inc. and Zachary Rapaport (as an administrator of the estate of Joseph Rapaport) alleged that they entered into a joint venture agreement to perform house-lifting service after Hurricane Sandy with Zucaro Construction, LLC and Zucaro Home Lifters, Inc. And JRAP alleged that the Zucaros entered into subcontracts… Read more

But Does the Policy Provide Coverage? The COVID pandemic and the resulting Executive Orders limited business activity– and triggered a tsunami of so-called insurance “coverage” disputes in which the insured claims and the carrier disclaims coverage for losses and expenses incurred as a result of the downtown in commercial activity. But, as a recent case illustrates, coverage under any number of theories may be expressly or impliedly barred by the language of a policy—which requires the Court to meticulously navigate a plethora of carefully defined terms that may give meaning to other defined terms. Island Gastroenterology Consultants, PC, and Island Endoscopy… Read more