Appeals & Motions List released on:July 18, 2024

Plaintiff appealed the court's order granting summary judgment to defendant salvage yard owner on plaintiff's personal injury claims. The court concluded that its order should be affirmed where plaintiff offered no causation expert testimony to support his allegation that he was shocked by electricity emanating from defendant's electric fence. The court concluded further that the doctrine of res ipsa loquitur did not apply because plaintiff failed to eliminate other potential causes of his injury apart from defendant's electric fence.

$6,100,000 Verdict For Plaintiff Set Aside as Court Found It Excessive

FRCP 68 Does Not Preempt CPLR 3220; Firm Not Entitled to Legal Fees Under CPLR 3220

Summary Judgment Denied, Local Law 1 Turnover Provision Not Applicable

Court Modifies Child Support Based on Defendant Receiving Disability Benefits for Child

Court Overturns Previous Standard Used in Common Law Fraud Cases in Landlord-Tenant Action

Court Allows Continuation of Parents' Joint Custody For The Children's Best Interest

Appellants, three individuals and the State of Texas, sought to enjoin federal statutes that criminalize making silencers for personal use without paying a $200 excise tax, applying for permission from the federal government, and registering the silencer in a federal database.

Motion List & Order on Application released on:July 11, 2024