New York Court of Appeals Decisions

Browse Opinions From the New York Court of Appeals


Recent Decisions From the New York Court of Appeals

Matter of Winchester
Date: June 27, 2017
Citation: 2017 NY Slip Op 05173
Docket Number: 110
People v. Price  
Date: June 27, 2017
Citation: 2017 NY Slip Op 05174
Docket Number: 58

Justia Opinion Summary: In this criminal case, the People did not proffer a sufficient foundation at trial to authenticate a photograph that was obtained from an internet profile page allegedly belonging to Defendant to render the photograph ad...

Aristy-Farer v. State  
Date: June 27, 2017
Citation: 2017 NY Slip Op 05175
Docket Number: 75

Justia Opinion Summary: Plaintiffs filed two actions - the NYSER action and the Aristy-Farer action - contending that the State had violated the Education Article by failing to provide students with a sound basic education. Supreme Court denie...

Gevorkyan v. Judelson  
Date: June 27, 2017
Citation: 2017 NY Slip Op 05176
Docket Number: 79

Justia Opinion Summary: An entity engaged in the bail bond business may not retain the premium paid on a criminal defendant’s behalf when bail is denied and the defendant is never released from custody. Arthur Bogoraz was indicted on state law...

Matter of New York City Asbestos Litig.
Date: June 22, 2017
Citation: 2017 NY Slip Op 05121
Docket Number: 106 SSM 14
Papa v Associated Indem. Corp.
Date: June 22, 2017
Citation: 2017 NY Slip Op 05122
Docket Number: 107 SSM 15
People v. Spencer  
Date: June 22, 2017
Citation: 2017 NY Slip Op 05118
Docket Number: 76

Justia Opinion Summary: Under the circumstances of this case, where a sworn juror repeatedly and unambiguously stated that she was unable to render an impartial verdict based solely on the evidence and the law, the trial court erred in failing...

People v Lofton
Date: June 22, 2017
Citation: 2017 NY Slip Op 05119
Docket Number: 80
People v. Minemier  
Date: June 22, 2017
Citation: 2017 NY Slip Op 05120
Docket Number: 81

Justia Opinion Summary: The sentencing court violated N.Y. Crim. Proc. Laws 390.50 and Defendant’s due process rights by failing adequately to set forth on the record the basis for its refusal to disclose to the defense certain statements that...

City of New York v. New York State Nurses Ass’n  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04492
Docket Number: 53

Justia Opinion Summary: A city-employer's failure to provide information to a union for the purposes of representing nurse-employees in their disciplinary proceedings was improper. Two members of the New York State Nurses Association (the Unio...

People v. Bethune  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04493
Docket Number: 61

Justia Opinion Summary: Under the circumstances of this case, where an alleged instructional defect was actually a typographical error, Supreme Court did not abuse its discretion in resettling the transcript without a hearing. Defendant was c...

D&R Global Selections, S.L. v Bodega Olegario Falcon Pineiro  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04494
Docket Number: 63

Justia Opinion Summary: There was personal jurisdiction over Defendant - a winery located in Pontevedra, Spain - under New York’s long-arm jurisdiction statute and, consequently, subject matter jurisdiction over the parties’ dispute under N.Y....

People v. Frumusa  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04495
Docket Number: 65

Justia Opinion Summary: At issue in this case was whether the trial court erred in admitting into evidence a contempt order issued in a civil proceeding involving the same funds Defendant was criminally charged with stealing. Supreme Court gran...

People v. Honghirun  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04496
Docket Number: 66

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree course of sexual conduct against a child. The Appellate Division affirmed. Defendant appealed, arguing that he was denied the effective assistance of counsel...

Avella v. City of New York  
Date: June 6, 2017
Citation: 2017 NY Slip Op 04383
Docket Number: 54

Justia Opinion Summary: Plaintiffs brought this hybrid N.Y. C.P.L.R. 78 proceeding and a declaratory judgment action seeking to enjoin the proposed development of parkland in Queens. The proposed development, called Willets West, involved the c...

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