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Featured Cas

Judges in the Second Department Have the Discretion to Order Unified Personal Injury Trials Where the Issues of Liability and the Injuries Are Intertwined as They Were in This Construction Accident Case; Defense Verdict Set Aside and a New Unified Trial Ordered

The First Department, in a detailed opinion by Justice Friedman, determined a reasonable title search would have turned up an easement on the subject property. Therefore, plaintiff was not a bona fide purchaser of the empty lot: “ ‘[I]n counties using a block and lot’ indexing system, a purchaser is charged with record notice of all matters indexed under the block and lot numbers corresponding to the purchaser’s property, regardless of whether such information also appears in his or her direct chain of title’ ... . Thus, although ... the 1981 easement was not recorded within plaintiff’s direct chain of title, that circumstance has no bearing on the outcome of this appeal ...”.. Akasa Holdings, LLC v. 214 Lafayette House, LLC, 2019 N.Y. Slip Op. 06447, First Dept 9-3-19

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.