Cheerleader Assumed the Risk of Injury
In this
Village May Not Require Prior Notice of Defective Playground-
White v. Incorporated Village of Hempstead In this Nassau County personal injury case following a default judgment in favor of the defendant the plaintiff moved for vacatur of the default citing law office failure. Plaintiff’s motion was granted and defendant also moved for summary judgment claiming lack of notice of the defective playground where plaintiff was injured. The Appellate Division, Second Department held that although the code of the village of Hempstead section 39-1 (b) allegedly requires that as a condition precedent to suit that Village be provided with prior notice of defective playground equipment New York State General Municipal Law section 50-e (4) prohibits a village from requiring prior written notice of defects at municipal locations other than streets, as highways, as bridges, his culverts, sidewalks or crosswalks. The Court held that that plaintiff suit would survive in that plaintiff created a triable issue of fact as to whether the village created the condition that caused the plaintiffs injuries.
Plaintiff must prove a Serious Injury at Inquest
Plaintiff must prove Serious Injury at Inquest
Abbas v. Cole recently decided by the Appellate Division, Second Dept. held that even when a defendant defaults the plaintiff must submit proof in admissible form of serious injury at inquest to prevail. In the instant case defendant defaulted and in a motor vehicle accident case for personal injuries. Plaintiff moved for a default judgment and defendant moved for more time to answer. Plaintiff’s motion was granted and defendant’s denied. Defendant appeal the entry of judgment on the ground that improper evidence was admitted at the inquest. The Appellate Division affimed the Supreme Court decision that serious injury, if not previously determined, must be proven at an inquest.
In Light of Long Beach Case NYC Seeks Fewer Provisional Employees.
On August 17 2007 The Chief -- Civil-Service Leader reported that the New York City Department of Citywide Administrative Services (DCAS) has begun to prepare for more Civil Service tests to avoid what happened to Long Beach when that city was directed to fire their provisional employees.
In an earlier entry the New York State Court of Appeals held that Long Beach despite a provision in their Collective Bargaining Agreement protecting their long-term provisional employees the City would not be able to retain those employed over nine months in violation of Civil Service Law. In the Long Beach case the Court of Appeals held that negotiated agreements could not supersede Civil Service law provisions.
The Bloomberg administration understanding that the Court of Appeals decision directing that provisionals be employed for no longer than a nine-month timeframe. The Chief reported that the state legislature has passed a bill to amend the civil-service law to require systematic methods of replacing provisionals with permanent employees.
Employer does not need anger management training to accomodate Employee with disability
A Nassau County Supreme Court judge has recently ruled that an employer does not have to attend anger management counseling to accommodate an employees disability. In the decision issued recently employee alleged that his Parkinson's disease was exacerbated by an employer's volatile behavior. The plaintiff alleged that the employer assured him he would remain calm to avoid disturbing the plaintiff/employee. When the employer failed to do so the employee brought suit. Among other determinations the judge hearing the case found that although anger management may be imposed and child neglect and matrimonial cases requiring an employer to attend anger management goes beyond "reasonable" accommodation in the workplace Racing Recovery LLC V. Abbate 017764\2005 Decided 8/10/07
