Agnostakios v. Laureano

It is not often that a Civil Court Judge in the City of New York will find it necessary to disagree publicly (at least, within the legal community) with a holding of any branch of the Appellate Division. Usually, we are overjoyed to discover an Appellate Division case in point, no matter which Department, and to cite it as controlling or, at least, as persuasive.

In this matter, however, I am constrained to take issue with a recent decision of the Appellate Division, Fourth Department. Moreover, I would hope that, upon appeal, the appellate court in the First Department would support a…