Djeddah v. Williams

Appellate Division of the Supreme Court of New York

Djeddah v. Williams

139 A.D.3d 463, 29 N.Y.S.3d 794

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 10, 2016

Docket1098 111626/02

StatusPublished

This text of 139 A.D.3d 463 (Djeddah v. Williams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Djeddah v. Williams, 139 A.D.3d 463, 29 N.Y.S.3d 794 (N.Y. Ct. App. 2016).

Pincite

Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered May 18, 2015, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

On a prior appeal, this Court found that plaintiff raised issues of fact as to whether she suffered physical and psychological injuries proximately caused by defendant’s failure to timely report her allegations of abuse by her father (89 AD3d 513, 514 [1st Dept 2011]). In this second motion for summary judgment, made after completion of discovery and after permission to file such motion was granted by the court, defendant relied on additional evidence in support of his motion (see Kobre v United Jewish Appeal-Fedn. of Jewish Philanthropies of N.Y., Inc., 32 AD3d 218, 222 [1st Dept 2006], lv denied 7 NY3d 715 [2006]). Therefore, the law of the case doctrine did not bar consideration of the motion (compare Kenney v City of New York, 74 AD3d 630 [1st Dept 2010]).

Nevertheless, factual issues still exist as to whether defendant violated Social Services Law § 413 by failing to report plaintiff’s allegations of abu.se to the appropriate authorities, and whether such failure was a proximate cause of her claimed psychological and emotional injuries.

Concur — Mazzarelli, J.R, Renwick, Saxe, Gische and Kahn, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered May 18, 2015, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

On a prior appeal, this Court found that plaintiff raised issues of fact as to whether she suffered physical and psychological injuries proximately caused by defendant’s failure to timely report her allegations of abuse by her father (89 AD3d 513, 514 [1st Dept 2011]). In this second motion for summary judgment, made after completion of discovery and after permission to file such motion was granted by the court, defendant relied on additional evidence in support of his motion (see Kobre v United Jewish Appeal-Fedn. of Jewish Philanthropies of N.Y., Inc., 32 AD3d 218, 222 [1st Dept 2006], lv denied 7 NY3d 715 [2006]). Therefore, the law of the case doctrine did not bar consideration of the motion (compare Kenney v City of New York, 74 AD3d 630 [1st Dept 2010]).

Nevertheless, factual issues still exist as to whether defendant violated Social Services Law § 413 by failing to report plaintiff’s allegations of abu.se to the appropriate authorities, and whether such failure was a proximate cause of her claimed psychological and emotional injuries.

Concur — Mazzarelli, J.R, Renwick, Saxe, Gische and Kahn, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

139 A.D.3d 463, 29 N.Y.S.3d 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/djeddah-v-williams-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack