FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 10/18/07

CIVIL PROCEDURE, INJURY AND TORT LAW

Boyd v. Manhattan & Bronx Surface Transit Operating Auth., No. 113In a negligence action against a common carrier for injuries caused by defective equipment, the jury should be charged that the plaintiff must show the carrier had actual or constructive notice of the defect.

FAMILY LAW, PER CURIAM, PROBATE, TRUSTS & ESTATES

In the Matter of the Estate of Wallens, No. 122In proceeding seeking judicial settlement of accounts of a co-trustee, finding that father, as co-trustee of beneficiary daughter’s trust left to her by her grandfather, did not engage in self-dealing, in breach of his fiduciary obligations to daughter by his use of trust funds for her private secondary school education and other expenses, is reversed where a remittal was necessary for Surrogate’s Court to conduct a hearing as to whether father carried out his fiduciary duty as a co-trustee to act, in good faith, in his daughter’s interests.

INSURANCE LAW, LABOR & EMPLOYMENT LAW

Friedman v. Conn. Gen. Life Ins. Co., No. 116The placement of a “Relation of Earnings to Insurance” clause within the “General Provisions” of a disability insurance policy complies with Insurance Law section 3216. 

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