Second Department Upholds Trial Court’s Decision to Not Vacate Dismissal

When New York State Court of Appeals Chief Justice, Janet DiFiore, assumed her position, she set the goal of reducing the backlog of cases across the state.  In the case of Melendez v. Stack, the Second Department decided in line with that goal in refusing to vacate a dismissal after a Plaintiff’s attorney did not have a reasonable excuse for their failure to proceed to trial.
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Second Department Reverses Award of Future Loss of Household Services

On March 13, 2019, a panel of the Appellate Division Second Department issued an opinion in which they overturned a lower Court’s award of future loss of household services. In the case of Finney v. Morton, Jr., the Second Department reviewed the decision of the Supreme Court of Dutchess County and remanded the case for a re-determination of the proper award.
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