While the most basic principles of jurisprudence dictate that sympathy should not determine the outcome of a litigated matter, judges, after all, are human beings too. I have seen many court decisions adjudicating fraud claims that appear to have applied the governing legal principles a bit more flexibly where the fraudulent conduct is egregious and/or the consequences are rather devastating. In the end, that may be what justice requires.
Both the lower court, and now the Appellate Division, Third Department, have shown judicial compassion in a gut wrenching case involving a horrendous limousine accident that resulted in the tragic death of all 17 passengers and driver of the limousine as well as two pedestrians. The recent decision was rendered by the Third Department in Cavosie v Hussain, 2023 NY Slip Op 01925 (3d Dep’t Decided April 13, 2023).
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