Personal Injury
Insurance Company must notify individuals before an insurance policy can be cancelled. Crump v. Unigard Insurance Company, 291 AD 2d 692,738 N.Y.S.2d 425, 2002 NY. Slip Op. 01414. Cancellation of motor vehicle insurance policy occurred when the Notice of Cancellation was actually received by the insurer and not on the date stated in the Notice of Cancellation given by a premium finance agency for non-payment of premiums.
Insurance Company must indemnify if act was not inherently harmful nor intentional injury. Slayko v. Security Mutual Insurance Comapny, 98 N.Y.2d 289, 774 N.E. 2d 2d 208,746 N.Y.S. 2d 444, 2002 N.Y. Slip Op. 05515. After recovering default judgement against insured, shooting victim brought suit seeking declaratory judgement that homeowner's insurer had duty to defend and indemnify insured.
Collapse of Pedestrian Bridge Collapse during construction, resulting in injuries to workers, Bradford v. State of New York, 17 A.D. 3d 995, 794 N.Y.S. 2d 522, 2005 N.Y. Slip Op. 03355. Injured worker is entitled to partial summary judgement on issue of liability under New York State Law where it is undisputed that worker fell from elevated work site while engaged in erection of structure.
Allged negligence of Town in failing to erect advanced warning or reduced speed signs before crest of hill on roadway was not based on defective condition of roadway for purposes of Town's prior written notice law, and thus, lack of notice was not bar to action based on lack of signs. Akley v. Town of Potsdam, 237 A.D.2d 780, 655 N.Y.S. 2d 149, 1997 N.Y. Slip Op. 02294. Motorist who had gotten out of her vehicle after she struck dog at crest of hill, and was then struck by oncoming driver as she was standing on roadway brought action against town and owner of dog.
Depression in road at railroad crossing triggered design defect in truck which made decedent unable to steer truck was sufficiently supported by evidence. Halvorsen (Grady) v. Ford Motor Company, et al, 132 A.D.2d 57, 522 N.Y.S. 2d 272, Prod. Liab. Rep. (CCH) P 11,658. Passenger and estate of deceased driver brought products liability and negligence action against truck manufacturer and railroad.
Family Law
A finding of permanent neglect terminating parental rights cannot be sustained where there are undisputed facts that the parent has participated in making future plans for the children. In re Lisa Ann U., 52 N.Y.2d 1055 (1981). Natural mother's rights could not be terminated where she had participated in numerous conferences with her caseworker concerning her children's future and a service plan had been established designed to reunite the mother with her children.
Where circumstances are exceptional, relocation of a child's residence may be allowed, even though the non-custodial parent's visitation rights may be diminished or denied. Aldrich v. Aldrich, 130 A.D.2d 917 (3rd Dept. 1987). Mother was allowed to relocate with child to California, where her new husband resided and was employed, where the biological father's involvement with the child was minimal, and the mother's reasons for seeking relocation were exceptional.
Once a child is emancipated for child support purposes due to voluntary abandonment of the parents home to avoid parental discipline and restraint, the child does not revert to unemancipated status without the happening of a subsequent event. Chambers v. Chambers, 295 A.D.2d 654 (2002). A child's voluntary withdrawl from a parent's home to avoid legitimate and reasonable parental rules results in emancipation, and a child is not considered unemancipated and entitled to parental support without the happening of a subsequent event, such as a return to the parent's physical custody and compliance with reasonable household rules.