Tag Archives: contained

Teacher sues to recover damages for alleged defamatory statement contained in an e-mail

Teacher sues to recover damages for alleged defamatory statement contained in an e-mail2018 NY Slip Op 07701, Appellate Division, Second DepartmentThe tort of defamation may refer to an alleged false statement, communicated orally [slander] or in a writing [libel], that … Continue reading

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Prescriptive Easement Allegations Indicating That The Plaintiff’s Use Of A Road For Primary Residential Use Was More Expansive Than The Restrictive, Emergency And Secondary Access Use Language Contained In Original Recorded Easement Grant Was Sufficiently “Adverse” To Survive A Demurrer.

In McBride v. Smith, (2018) 18 Cal.App.5th 1160, the court of appeal held that a prescriptive easement claim can survive a demurrer (that is, a which is a motion to dismiss brought early in the case), where allegations in the … Continue reading

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Statements contained in a disciplinary post-hearing brief may be considered by the appointing authority to support its conclusions

Statements contained in a disciplinary post-hearing brief may be considered by the appointing authority to support its conclusions Sisco v Board of Trustees, 288 AD2d 230 The Board of Trustees of the Village of Havestraw dismissed police officer Keith Sisco … Continue reading

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Applications for relief from equitable distribution provisions contained in a JOD are subject to R. 4:50-1 standard

Law Lessons from MARIANNE PERLSTEIN v. ROSS PERLSTEIN, App. Div., A-4785-08T2, April 26, 2011: A motion for relief from judgment should be granted "sparingly" and in "exceptional situations" in which, "were it not applied, a grave injustice would occur." Hous. … Continue reading

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