companion claim in New York

2013In its decision, the Board determined two separate claims of claimant and we recently addressed the companion claim (Matter of Runge v National Baseball League, 93 AD3d 1015 [2012]).

2013In its decision, the Board determined two separate claims of claimant and we recently addressed the companion claim (Matter of Runge v National Baseball League, 93 AD3d 1015 [2012]).

2008(Id.; Pajak v Pajak, 56 NY2d at 397 .) A companion principle of statutory construction is that nothing short of an express and specific statutory provision may override the common law, expressed in the marriage recognition rule; abolish or limit its application; and preempt the rights under that common law that intervenors-respondents seek to vindicate in this action.

2006Ctr., 17 AD3d at 497 .) Considering a summary judgment motion that lacks the pleadings, in contravention of a companion requirement (CPLR 3212 [b]), with a separate pending summary judgment motion that includes similar issues for determination and includes the missing pleadings, is at least as consistent with the conservation of judicial resources as considering an untimely motion.

2002(Matter of Janis, 157 Misc 2d at 1001 ; see also, Matter of Johnson, NYLJ, Sept. 17, 1998, at 26, col 5; Matter of Sandler, 160 Misc 2d 955 .) There is no basis in law or logic to exclude the results of posthumously conducted DNA tests on a decedent’s genetic material from the category of “clear and convincing” evidence under EPTL 4-1.2 (a) (2) (C).

2002(Matter of Janis, 157 Misc 2d at 1001 ; see also, Matter of Johnson, NYLJ, Sept. 17, 1998, at 26, col 5; Matter of Sandler, 160 Misc 2d 955 .) There is no basis in law or logic to exclude the results of posthumously conducted DNA tests on a decedent’s genetic material from the category of “clear and convincing” evidence under EPTL 4-1.2 (a) (2) (C).

1999The companion exception has been interpreted to include home health care aides and similar employees involved in the day-today care of aged or infirm individuals, and whose work includes preparing meals, making beds, washing clothes, and related domestic services (see, e.g., 29 CFR 552.6; Cox v Acme Health Servs., 55 F3d 1304 ).

1981A companion claim established that the defendants were obliged to indemnify the plaintiffs (Cenven, Inc. v Bethlehem Steel Corp., 51 AD2d 955 , affd 41 NY2d 842 ).

1974Defendant’s attack on it is rejected upon the same general theory that a similar claim against the validity of the companion clause, CPL 220.10 (subd. 6, par. [a]) was turned aside in People v. Gardner ( 78 Misc 2d 744, 753-755 , supra).

1947(Bleeck v. State of New York, 184 Misc. 138 .) At the same time we dismissed a companion claim upon the ground that it did not state facts sufficient to constitute a cause of action.

1947(Beck Properties, Inc., v. State of New York, 184 Misc. 148 .) Said decisions were upon motions made by the Attorney-General and were determined upon the pleadings, upon affidavits submitted and after hearing oral argument.