New York Court of Appeals Decisions 2011

Matter of Walsh v Scoppetta
Date: December 20, 2011
Citation: 2011 NY Slip Op 09160
Docket Number: 225

Ortiz v Varsity Holdings, LLC
Date: December 20, 2011
Citation: 2011 NY Slip Op 09161
Docket Number: 226

Justia Opinion Summary: Plaintiff sued defendants after he was injured while engaging in demolition work at an apartment building owned by defendant. Plaintiff claimed violations of Labor Law 200, 240(1), and 241. On appeal, plaintiff challenge...

Assured Guar. (UK) Ltd. v J.P. Morgan Inv. Mgt. Inc.
Date: December 20, 2011
Citation: 2011 NY Slip Op 09162
Docket Number: 227

Justia Opinion Summary: Plaintiff sued defendant asserting causes of action for breach of fiduciary duty, gross negligence, and breach of contract where the gravamen of the complaint was that defendant mismanaged the portfolio of an entity whos...

Roni LLC v Arfa
Date: December 20, 2011
Citation: 2011 NY Slip Op 09163
Docket Number: 228

People v Holland
Date: December 20, 2011
Citation: 2011 NY Slip Op 09164
Docket Number: 236

People v Walker
Date: December 20, 2011
Citation: 2011 NY Slip Op 09165
Docket Number: 245 SSM 41

Matter of New York State Superfund Coalition, Inc. v New York State Dept. of Envtl. Conservation
Date: December 15, 2011
Citation: 2011 NY Slip Op 08996
Docket Number: 189

Justia Opinion Summary: Superfund Coalition commenced this combined CPLR article 78 proceeding and declaratory judgment action to challenge certain regulations promulgated by the Department with respect to remedial programs implemented to clean...

Metropolitan Taxicab Bd. of Trade v NYC Taxi & Limousine Commn.
Date: December 15, 2011
Citation: 2011 NY Slip Op 08997
Docket Number: 222

Justia Opinion Summary: This case involved the regulations of the New York City Taxi & Limousine Commission, limiting rates that could be charged by owners of taxicabs who leased those cabs to drivers. Owners challenged a Commission regulation...

Beazer v New York City Health & Hosps. Corp.
Date: December 15, 2011
Citation: 2011 NY Slip Op 08998
Docket Number: 232

People v Stewart
Date: December 15, 2011
Citation: 2011 NY Slip Op 08999
Docket Number: 233

People v Furey
Date: December 15, 2011
Citation: 2011 NY Slip Op 09000
Docket Number: 234

Justia Opinion Summary: Defendant appealed his conviction of second-degree kidnapping, second-degree burglary, and other offenses against his former girlfriend. The court held that County Court abused its discretion as a matter of law when it d...

People v Dickinson
Date: December 15, 2011
Citation: 2011 NY Slip Op 09001
Docket Number: 235

People v Hightower
Date: December 13, 2011
Citation: 2011 NY Slip Op 08960
Docket Number: 223

Justia Opinion Summary: Defendant was convicted of petit larceny. At issue on appeal was whether defendant's swipe of an unlimited MetroCard in return for a fee, although decidedly criminal in nature, constituted larceny. The court held that it...

Matter of Elrac, Inc. v Exum
Date: December 13, 2011
Citation: 2011 NY Slip Op 08961
Docket Number: 230

Justia Opinion Summary: Exum, an employer of Elrac, served a notice of intention to arbitrate on Elrac, seeking uninsured motorist benefits. Elrace petitioned to stay the arbitration. Supreme Court granted the petition, but the Appellate Divisi...

Blaudziunas v Egan
Date: December 13, 2011
Citation: 2011 NY Slip Op 08962
Docket Number: 231

Justia Opinion Summary: Plaintiffs commenced an action and moved for preliminary injunction seeking to enjoin defendants, the board of trustees, from demolishing a certain church building. At issue was whether section 5 of the Religious Corpora...

People v Bradshaw
Date: December 13, 2011
Citation: 2011 NY Slip Op 08963
Docket Number: 237

Justia Opinion Summary: Defendant plead guilty to first-degree rape in exchange for a promised determinate sentence of nine years imprisonment followed by five years of postrelease supervision. At issue was the enforceability of the appeal waiv...

People v Omowale
Date: December 13, 2011
Citation: 2011 NY Slip Op 08964
Docket Number: 246 SSM 42

People v First Am. Corp.
Date: November 22, 2011
Citation: 2011 NY Slip Op 08450
Docket Number: 184

Justia Opinion Summary: This appeal arose out of an action commenced by the New York State Attorney General against defendants, seeking injunctive and monetary relief as well as civil penalties for violations of New York's Executive Law and Con...

Tkeshelashvili v State
Date: November 22, 2011
Citation: 2011 NY Slip Op 08451
Docket Number: 204

Justia Opinion Summary: Claimant and his wife (collectively, claimants) filed a claim for damages, alleging that the State negligently failed to maintain Colgate Lake and Colgate Lake Dam in a reasonably safe condition. Claimants theorized that...

Perl v Meher; Adler v Bayer; Travis v. Batchi
Date: November 22, 2011
Citation: 2011 NY Slip Op 08452
Docket Number: 206

Justia Opinion Summary: Plaintiffs brought lawsuits for personal injuries allegedly resulting from automobile accidents. Here, the court confronted three cases in which the Appellate Division rejected allegations of serious injury as a matter o...

People v Clyde
Date: November 22, 2011
Citation: 2011 NY Slip Op 08453
Docket Number: 209

Justia Opinion Summary: Defendant was found guilty of attempted rape in the first degree, assault in the second degree, unlawful imprisonment in the first degree, and promoting prison contraband in the first degree. On appeal, defendant argued...

People v Cruz
Date: November 22, 2011
Citation: 2011 NY Slip Op 08454
Docket Number: 210

Justia Opinion Summary: Defendant was found guilty by a jury of burglary in the second degree. On appeal, defendant argued, among other things, that the use of leg irons (shackles) on his ankles violated his constitutional rights. The court hel...

People v Rivers
Date: November 22, 2011
Citation: 2011 NY Slip Op 08455
Docket Number: 211

Justia Opinion Summary: Defendant was convicted of three counts of arson in the first degree, one count relating to a fire set on May 25, 2004 (expectation of pecuniary profit), and the other two counts relating to a fire set on May 30, 2004 (e...

People v McAlpin
Date: November 22, 2011
Citation: 2011 NY Slip Op 08456
Docket Number: 213

Justia Opinion Summary: Defendant violated several terms of the youthful offender agreement and, at the subsequent sentencing proceeding, Supreme Court imposed a determinate prison sentence of three and one-half years plus five years of post-re...

People v Bueno
Date: November 21, 2011
Citation: 2011 NY Slip Op 08443
Docket Number: 187

Justia Opinion Summary: The issue in this appeal was whether the evidence adduced at trial was legally sufficient to establish that defendant acted "[w]ith intent to prevent" an emergency medical technician (EMT) "from performing a lawful duty"...

Bordeleau v State
Date: November 21, 2011
Citation: 2011 NY Slip Op 08444
Docket Number: 190

Justia Opinion Summary: Plaintiffs, a group of 50 taxpayers of the State of New York, commenced this declaratory judgment action against the State and other defendants, challenging numerous loans and grants issued by public defendants to privat...

People v Hall
Date: November 21, 2011
Citation: 2011 NY Slip Op 08445
Docket Number: 197

Justia Opinion Summary: Defendants were accused of robbing a store and using a stun gun to incapacitate the store manager temporarily. The court agreed with the Appellate Division that the People failed to prove that the stun gun was a "dangero...

Salazar v Novalex Contr. Corp.
Date: November 21, 2011
Citation: 2011 NY Slip Op 08446
Docket Number: 200

Justia Opinion Summary: Plaintiff commenced a lawsuit against 96 Rockaway, LLC, Novalex Contracting Corp., and T-Construction Co., Inc., alleging among other things, violations of Labor Law 240(a) and 241(6). Discovery and a third-party action...

Cadichon v Facelle
Date: November 21, 2011
Citation: 2011 NY Slip Op 08447
Docket Number: 205

Justia Opinion Summary: This case arose when plaintiffs commenced a medical malpractice suit against defendants for injuries allegedly sustained by Mrs. Cadichon during surgery in July 2002. At issue on appeal was the May 3, 2007 stipulation. T...

People v Thomas
Date: November 21, 2011
Citation: 2011 NY Slip Op 08448
Docket Number: 212

Justia Opinion Summary: Defendant was convicted of robbery in the second degree and appealed the judgment of the conviction, arguing, among other things, that the evidence of the show-up identification of a co-defendant was inadmissible. The Ap...

Superior Officers Council Health & Welfare Fund v Empire HealthChoice Assur., Inc.
Date: November 21, 2011
Citation: 2011 NY Slip Op 08449
Docket Number: 244 SSM 40

People v Medina
Date: November 17, 2011
Citation: 2011 NY Slip Op 08224
Docket Number: 186

Justia Opinion Summary: Defendant was convicted of first degree robbery but acquitted of first degree burglary. On appeal, defendant challenged the trial court's failure to instruct the jury on the statutory definitions of the terms "deprive" a...

People v Delamota
Date: November 17, 2011
Citation: 2011 NY Slip Op 08225
Docket Number: 188

Justia Opinion Summary: Defendant was convicted of first-degree robbery, third-degree weapon possession, and second-degree menacing. On appeal, defendant contended that the People's proof was legally insufficient to establish his guilt beyond a...

Matter of Johnson City Professional Firefighters Local 921
Date: November 17, 2011
Citation: 2011 NY Slip Op 08226
Docket Number: 191

Justia Opinion Summary: This case stemmed from a dispute over the arbitration of a collective bargaining agreement that contained a no-layoff clause. The court held that because the clause was not explicit, unambiguous and comprehensive, there...

Gronski v County of Monroe
Date: November 17, 2011
Citation: 2011 NY Slip Op 08227
Docket Number: 192

Justia Opinion Summary: Plaintiff sued the County alleging that the County was negligent for failing to exercise due care to prevent an unsafe condition, to wit, improperly stacked and stored bales at the recycling center. Plaintiff also claime...

City School Dist. of the City of New York v McGraham
Date: November 17, 2011
Citation: 2011 NY Slip Op 08228
Docket Number: 193

Justia Opinion Summary: Respondent, a 36-year-old tenured high school teacher, was the subject of disciplinary charges pursuant to Education Law 3020-a as a result of her improper conduct with respect to a 15-year-old male student. Petitioner c...

Matter of Sheeran v New York State Dept. of Transp.; Matter of Michelle Birnbaum v New York State Dept. of Labor
Date: November 17, 2011
Citation: 2011 NY Slip Op 08229
Docket Number: 195

Justia Opinion Summary: Petitioners brought these Article 78 proceedings to challenge, among other things, their placement on involuntary leave without having been provided a hearing pursuant to Civil Service Law 72. At issue was whether Civil...

Matter of Young
Date: November 17, 2011
Citation: 2011 NY Slip Op 08230
Docket Number: 245

People v Guay
Date: November 15, 2011
Citation: 2011 NY Slip Op 08178
Docket Number: 147

Justia Opinion Summary: Defendant was convicted of first-degree rape, first-degree sexual abuse and endangering the welfare of a child. At issue was whether Supreme Court abused its discretion when it dismissed a hearing-impaired prospective ju...

U.S. Electronics, Inc. v Sirius Satellite Radio, Inc.
Date: November 15, 2011
Citation: 2011 NY Slip Op 08179
Docket Number: 185

Justia Opinion Summary: Petitioner sought to vacate a unanimous arbitration award in favor of Sirius arising out of a breach of contract dispute. Petitioner, which had a non-exclusive agreement with Sirius to distribute radio receivers, claimed...

People v Qoshja
Date: November 15, 2011
Citation: 2011 NY Slip Op 08180
Docket Number: 194

CPS Operating Co. LLC v Pathmark Stores, Inc.
Date: November 15, 2011
Citation: 2011 NY Slip Op 08181
Docket Number: 199

Justia Opinion Summary: This case involved a dispute over property that was sold by the City to the sponsor of an urban renewal project. The agreement between the City and the sponsor, called a Land Distribution Agreement, contained provisions...

Matter of Parkhurst v United Rentals Aerial Equip., Inc.
Date: November 15, 2011
Citation: 2011 NY Slip Op 08182
Docket Number: 201

Matter of Raynor v Landmark Chrysler
Date: November 15, 2011
Citation: 2011 NY Slip Op 08183
Docket Number: 202

Justia Opinion Summary: In this dispute between an employee and his employer and its workers' compensation insurance carrier, the court was asked to interpret Workers' Compensation Law 27(2) and 15(3)(w) amended by the Laws of 2007, as they rel...

Matter of Collins v Dukes Plumbing & Sewer Serv., Inc.
Date: November 15, 2011
Citation: 2011 NY Slip Op 08184
Docket Number: 203

Matter of Hardy v Trico
Date: November 15, 2011
Citation: 2011 NY Slip Op 08185
Docket Number: 242 SSM 37

Matter of Salgy v Halsted Communications
Date: November 15, 2011
Citation: 2011 NY Slip Op 08186
Docket Number: 243 SSM 38

People v. Credle
Date: October 25, 2011
Citation: 2011 NY Slip Op 07473
Docket Number: 149

Justia Opinion Summary: Defendant appealed his conviction, upon a jury verdict, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance at or near school grounds. Defendant argued that the with...

People v. Davis; People v. McIntosh
Date: October 25, 2011
Citation: 2011 NY Slip Op 07474
Docket Number: 150

Justia Opinion Summary: Defendants, Makeda Davis and Fayola McIntosh, where charged with offenses stemming from an altercation at a nightclub. The primary issue on appeal was whether the People's withdrawal of their cases from the first grand j...

People v. Ventura
Date: October 25, 2011
Citation: 2011 NY Slip Op 07475
Docket Number: 160

Justia Opinion Summary: In these criminal proceedings, the Appellate Division dismissed defendants' direct appeals from their judgments of conviction prior to their hearing and disposition. Both defendants filed timely notices of appeal, but we...

Matter of Schenectady County Socy. for the Prevention of Cruelty to Animals, Inc. v Mills
Date: October 25, 2011
Citation: 2011 NY Slip Op 07476
Docket Numbers: 162, 163

Justia Opinion Summary: This case arose when petitioner formally requested the list of names and addresses of veterinarians licensed by the Department of Schenectady County under the Freedom of Information Law (FOIL), Public Officers law 87[2][...

Wilinski v. 334 E. 92nd Hous. Dev. Fund Corp.
Date: October 25, 2011
Citation: 2011 NY Slip Op 07477
Docket Number: 168

Justia Opinion Summary: Plaintiff sued defendant alleging violations of Labor Law 240(1) and Labor Law 241(6), the latter pursuant to 12 NYCRR 23-3.3(b)(3) and (c) after plaintiff was injured while working on a demolition project on premises o...

Smith v Reilly
Date: October 25, 2011
Citation: 2011 NY Slip Op 07478
Docket Number: 240 SSM 34

Gravius v County of Erie
Date: October 25, 2011
Citation: 2011 NY Slip Op 07479
Docket Number: 241 SSM 36

NY Coalition for Quality Assisted Living, Inc. v MFY Legal Servs., Inc.
Date: October 20, 2011
Citation: 2011 NY Slip Op 07301
Docket Numbers: 147, 148

Justia Opinion Summary: Plaintiff, the New York Coalition for Quality Assisted Living (NYCQAL), a not-for-profit association of members who operate adult homes and assisted living facilities that were regulated pursuant to 18 NYCRR Parts 485 th...

People v. Muhammad; People v. Hill
Date: October 20, 2011
Citation: 2011 NY Slip Op 07302
Docket Number: 164

Justia Opinion Summary: The primary issue in these appeals was whether the jury verdicts convicting defendants of assault but acquitting them of criminal possession of a weapon were legally repugnant. The court concluded that, based on the inst...

People v Grant
Date: October 20, 2011
Citation: 2011 NY Slip Op 07304
Docket Number: 167

Justia Opinion Summary: Defendant was indicted on one count of first-degree robbery and on one count of grand larceny in the fourth degree. At issue was whether defendant's written statement threatening to shoot a robbery victim with a gun cons...

People v. Santiago
Date: October 20, 2011
Citation: 2011 NY Slip Op 07303
Docket Numbers: 166, 167

Justia Opinion Summary: Defendant was convicted of assault in the first degree and sentenced to 25 years imprisonment to be followed by 5 years postrelease supervision. In this case, turning on the accuracy of eyewitnesses' recognition of an as...

Simon v. Usher
Date: October 20, 2011
Citation: 2011 NY Slip Op 07305
Docket Number: 172

Justia Opinion Summary: This case arose when plaintiffs commenced a medical malpractice action against defendants. At issue was whether the five-day extension under CPLR 2103(b)(2) applied to the 15-day time period prescribed by CPLR 511(b) to...

People v. Becoats; People v. Wright
Date: October 20, 2011
Citation: 2011 NY Slip Op 07306
Docket Number: 175

Justia Opinion Summary: A jury convicted defendants, Corey Becoats and Jason Wright, of second degree (depraved indifference) murder and first degree robbery. The Appellate Division modified by reducing the murder convictions to manslaughter in...

Matter of Rueda v Charmaine D.
Date: October 18, 2011
Citation: 2011 NY Slip Op 07253
Docket Number: 154

Justia Opinion Summary: Five days after Charmaine D. was admitted to the hospital, petitioner, the director of the psychiatry department at that hospital, applied to Supreme Court for an order that she be retained for 30 days. Charmaine moved t...

Valdez v City of New York
Date: October 18, 2011
Citation: 2011 NY Slip Op 07252
Docket Numbers: 153, 154

Justia Opinion Summary: After her estranged boyfriend shot her, causing serious injuries, plaintiff sued the City of New York for failing to provide her with adequate police protection to prevent the attack. The primary issue on appeal was whet...

People v. Rosario; People v. Parada
Date: October 18, 2011
Citation: 2011 NY Slip Op 07254
Docket Number: 155

Justia Opinion Summary: Defendants were charged with crimes related to the sexual abuse of a minor. At issue was whether prior consistent statements alleging sexual abuse were properly admitted under the prompt outcry rule or, alternatively, in...

Doomes v. Best Tr. Corp.
Date: October 18, 2011
Citation: 2011 NY Slip Op 07256
Docket Number: 170

Justia Opinion Summary: In these personal injury actions arising from a single-vehicle bus accident, two questions were presented for the court's review. First, whether plaintiffs' seatbelt claims, seeking to hold defendant liable for failure t...

People v. Rodriguez
Date: October 18, 2011
Citation: 2011 NY Slip Op 07257
Docket Number: 171

Justia Opinion Summary: Defendant was convicted of four counts of criminal possession of a forged instrument in the second degree. At issue was whether the evidence in this case was legally sufficient to convict defendant of criminal possession...

People v. Porco
Date: October 18, 2011
Citation: 2011 NY Slip Op 07255
Docket Numbers: 162, 194

Justia Opinion Summary: Defendant was convicted of murdering his father and the attempted murder of his mother while they slept. On appeal, defendant claimed that his federal constitutional right to confront the witnesses against him was violat...

Grove v Cornell Univ.
Date: October 18, 2011
Citation: 2011 NY Slip Op 07258
Docket Number: 239 SSM 33

Greenberg, Trager & Herbst, LLP v. HSBC Bank USA, et al.
Date: October 13, 2011
Citation: 2011 NY Slip Op 07144
Docket Number: 152

Justia Opinion Summary: In this dispute between a law firm and two banks, the issues presented were (1) the scope of the duty a payor bank owed to a non-customer depositor of a counterfeit check and (2) the scope of the duty a depository bank o...

Lifson v. City of Syracuse
Date: October 13, 2011
Citation: 2011 NY Slip Op 07145
Docket Number: 157

Justia Opinion Summary: Defendant was the driver of an automobile that struck plaintiff's decedent while she was crossing the street, causing her death. Pursuant to defendant's claim that the accident occurred while he was temporarily blinded b...

The People v. Brown
Date: October 13, 2011
Citation: 2011 NY Slip Op 07146
Docket Number: 158

Justia Opinion Summary: Following a nonjury trial, the County Court acquitted defendant of intentional assault in the first degree, but convicted her of second-degree reckless assault and endangering the welfare of a child. On appeal, defendant...

The People v. Robinson
Date: October 13, 2011
Citation: 2011 NY Slip Op 07147
Docket Number: 159

Justia Opinion Summary: Defendant was charged with criminal possession of a weapon in the third degree. At issue was whether the County Court's error in sustaining the prosecutor's objection to defense counsel's question of defendant was harmle...

The People v. Crampe; The People v. Wingate
Date: October 13, 2011
Citation: 2011 NY Slip Op 07148
Docket Numbers: 173, 174

Justia Opinion Summary: The common question in these appeals was whether the courts fulfilled their responsibility to make a "searching inquiry" before allowing defendants to give up the right to a lawyer and conduct their defenses pro se. The...

New York and Presbyterian Hospital v. Country Wide Ins. Co.
Date: October 13, 2011
Citation: 2011 NY Slip Op 07149
Docket Number: 216

Justia Opinion Summary: Respondent brought this action against appellant to compel payment of no-fault benefits in the amount of its bill, plus statutory interest and attorney's fees, alleging that it had provided timely notice and proof of cla...

Dominic Bonomonte v. City of New York
Date: October 13, 2011
Citation: 2011 NY Slip Op 07150
Docket Number: 238 SSM 30

In the Matter of World Trade Center Bombing Litigation. Steering Committee v. The Port Authority of New York and New Jersey
Date: September 22, 2011
Citation: 2011 NY Slip Op 06501
Docket Number: 217

Justia Opinion Summary: This appeal involved litigation that arose from the 1993 terrorist bombing incident in the parking garage of the World Trade Center complex (WTC). At issue was whether the Port Authority of New York and New Jersey (Port...

The People v. Marcelle E. Williams
Date: September 13, 2011
Citation: 2011 NY Slip Op 06425
Docket Number: 220 SSM 29

The People v. Willie Holmes, Jr.
Date: September 8, 2011
Citation: 2011 NY Slip Op 06407
Docket Number: 219 SSM 32

Yatauro, et al. v. Mangano, et al.
Date: August 30, 2011
Citation: 2011 NY Slip Op 06364
Docket Number: 218

Justia Opinion Summary: Plaintiffs commenced this hybrid declaratory judgment action/article 78 proceeding, seeking a declaration that the implementation of Local Law No. 3-2011 in relation to the November 8, 2011 general election was null and...

NML Capital v. Republic of Argentina
Date: June 30, 2011
Docket Number: 128

Justia Opinion Summary: Plaintiffs, companies that acquired Floating Rate Accrual Notes (FRANs), commenced numerous separate actions against Argentina seeking damages for the nation's default on the bonds and the claims were subsequently consol...

People v. Acevedo; People v. Collado
Date: June 30, 2011
Docket Numbers: 129, 130

Justia Opinion Summary: Benito Acevedo was convicted of criminal sale of controlled substance in the third degree and possession of a controlled substance in the third degree and sentenced as a predicate felony offender with a prior violent fel...

Edwards, et al. v. Erie Coach Lines Co., et al.; Godwin, et al. v. Trentway-Wagar, Inc., et al.; Butler v. Stagecoach Group, PLC, et al.; Cowan, et al. v. Stagecoach Group, PLC, et al.; Davidson v. Coach USA, Inc., et al.; Roach, et al. v. Coach USA, Inc
Date: June 30, 2011
Docket Numbers: 131, 132, 133, 134, 135, 136

Justia Opinion Summary: These six lawsuits involved an accident near Geneseo, New York, where a charter bus carrying members of an Ontario women's hockey team plowed into the rear-end of a tractor-trailer parked on the shoulder of the highway....

The People v. Michael Mungro
Date: June 30, 2011
Docket Number: 215 SSM 28

McCarthy, et al. v. Turner Construction, Inc.
Date: June 28, 2011
Docket Number: 117

Justia Opinion Summary: Plaintiff, an electrician working on a construction project site, brought a personal injury suit against defendants asserting claims under Labor Law 200, 240(1), and 241(6), and common law negligence. At issue was whethe...

ABN AMRO Bank, N.V., et al. v. MBIA Inc., et al.
Date: June 28, 2011
Docket Number: 124

Justia Opinion Summary: This case stemmed from a dispute between MBIA Insurance Corporation (MBIA) and certain of its policyholders who hold financial guarantee insurance policies. The principal question presented was whether the 2009 restructu...

Brad H., et al. v. The City of New York, et al.
Date: June 28, 2011
Docket Number: 126

Justia Opinion Summary: This case stemmed from a dispute over the status of a negotiated settlement agreement pertaining to New York City's duty to provide mental health services to certain inmates in its jails. At issue was whether the terms o...

People v. Paulin; People v. Pratts; People v. Phillips
Date: June 28, 2011
Docket Numbers: 115, 120, 137, 138, 143 SSM 27

Justia Opinion Summary: Defendants committed class B felonies involving narcotics and were sentenced to indeterminate prison terms. All defendants were subsequently paroled, violated their parole, and were sent back to prison. After the enactme...

People v. Santiago
Date: June 28, 2011
Docket Numbers: 139, 140

Justia Opinion Summary: Defendant was convicted for a 2003 drug transaction and sentenced to prison. On November 25, 2009 defendant filed an application for resentencing under the 2009 Drug Law Reform Act (DLRA), CPL 440.46. On December 3, 2009...

The People v. Richard D DiGuglielmo
Date: June 23, 2011
Docket Number: 125

Commodity Futures Trading Commission v. Walsh, et al.
Date: June 23, 2011
Docket Number: 91

Justia Opinion Summary: Plaintiffs sued the former spouse of Stephen Walsh, who was a defendant in related actions brought by plaintiffs, alleging that the property derived from Walsh's illegal securities activities went into the former spouse'...

Donald v. State; Eanes v. State; Orellanes v. State; Ortiz v. State
Date: June 23, 2011
Docket Numbers: 140 SSM 24, 141 SSM 25, 142 SSM 26, 97

Justia Opinion Summary: Claimants in these four cases were convicted of crimes for which they received indeterminate sentences. A statute required that such a sentence include a period of post-release supervision ("PRS"), but in each claimant's...

The RGH Liquidating Trust v. Deloitte & Touche LLP, et al.
Date: June 23, 2011
Docket Number: 99

Justia Opinion Summary: This case stemmed from Reliance Group Holdings, Inc.'s ("RGH") and Reliance Financial Services Corporation's ("RFS") voluntary petitions in Bankruptcy Court seeking Chapter 11 bankruptcy protection and the trust that was...

The People v. Concepcion
Date: June 14, 2011
Docket Number: 104

Justia Opinion Summary: Defendant was charged with attempted murder, assault, criminal possession of a weapon, and criminal possession of a controlled substance where defendant was arrested for a shooting death, defendant's gray minivan was sub...

Shiamili v. The Real Estate Group of New York, Inc.
Date: June 14, 2011
Docket Number: 105

Justia Opinion Summary: Plaintiff filed an action for defamation and unfair competition by disparagement against defendants, alleging that defendants published defamatory statements about plaintiff on a website. At issue was whether plaintiff's...

The People v. Abrams
Date: June 14, 2011
Docket Number: 107

Justia Opinion Summary: Defendant was convicted of weapon possession crimes, reckless endangerment, and menacing and endangering the welfare of a child. At issue was whether there was a conflict of interest where the newly-elected district atto...

In the Matter of L&M Bus Corp.
Date: June 14, 2011
Docket Number: 110

Justia Opinion Summary: Petitioners, 23 transportation vendors, commenced a CPLR article 78 proceeding to prevent the Department of Education ("DOE") from implementing allegedly illegal bid solicitations related to a school transportation contr...

The People v. Jeffrey D. Gibson
Date: June 14, 2011
Docket Number: 114

The People v. Joseph R. (Anonymous)
Date: June 14, 2011
Docket Number: 183 SSM 12

Louise DiGiulio v. Gran, Inc.
Date: June 14, 2011
Docket Number: 178 SSM 18

The People v. Steve Johnson
Date: June 9, 2011
Docket Number: 106

In the Matter of AAA Carting and Rubbish Removal, Inc.
Date: June 9, 2011
Docket Number: 111

Justia Opinion Summary: Appellant filed a petition, pursuant to CPLR article 78, to set aside the award of a contract to a third party and to direct the Town of Southeast to award the contract to appellant. At issue was whether the Town Board a...

The People v. Lewie
Date: June 9, 2011
Docket Number: 113

Justia Opinion Summary: Defendant was convicted of second degree manslaughter and first degree reckless endangerment for her role in the events leading to the death of her son. At issue was whether there was sufficient evidence to support her c...

Cragg v. Allstate Indemnity Corp.
Date: June 9, 2011
Docket Number: 118

Justia Opinion Summary: Plaintiff, the father of decedent, commenced an action seeking to recover from defendants, decedent's grandparents, for decedent's wrongful death and for her conscious pain and suffering where she accidentally drowned in...

In the Matter of Kathleen K.
Date: June 9, 2011
Docket Number: 75

Justia Opinion Summary: The Family Court terminated Stephen K.'s parental rights due to his persistent failure to comply with court-mandated conditions and the lack of evidence evincing efforts to adequately provide for his family. At issue was...

The People v. Allen Albergotti
Date: June 9, 2011
Docket Number: 98

Ben Umeze, M.D. v. Fidelis Care New York
Date: June 9, 2011
Docket Number: 179 SSM 19

The People v. Steward
Date: June 7, 2011
Docket Number: 108

Justia Opinion Summary: Defendant was charged with multiple counts of first and second degree robbery, as well as various weapon possession offenses where the charges stemmed from a robbery that occurred outside a Manhattan nightclub. At issue...

The People v. Pacquette
Date: June 7, 2011
Docket Number: 112

Justia Opinion Summary: Defendant was indicted for second degree murder, second degree assault, and second degree weapon possession in connection with a shooting. Defendant had also been arrested for a drug crime in Manhattan where he was repre...

The People v. Sirico
Date: June 7, 2011
Docket Number: 116

Justia Opinion Summary: Defendant was convicted of murder in the second degree where defendant, an experienced archery hunter, shot an arrow from his compound bow towards his neighbor's yard, fatally striking the victim. On appeal, defendant pr...

Arfa, et al. v. Zamir, et al.
Date: June 7, 2011
Docket Numbers: 91, 92

Justia Opinion Summary: Plaintiffs executed a general agreement with defendant regarding management of their real estate business which contained a general release. At issue was whether the appellate court erred in dismissing plaintiffs' fraud...

Centro Empresarial Cempresa S.A. v. America Movil, S.A.B. de C.V.
Date: June 7, 2011
Docket Number: 93

Justia Opinion Summary: Plaintiffs claimed they were fraudulently induced to sell their ownership interests in a company they co-owned with one of the defendants, and fraudulently induced to release defendants from claims arising out of that ow...

The People v. Brown
Date: June 7, 2011
Docket Numbers: 94, 95, 96

Justia Opinion Summary: Defendant was convicted of murder in the second degree and other crimes for the shooting of an individual in 2002. Defendant's principal argument on appeal was that his trial counsel's failure to object to certain remark...

James J. Aquavella v. Ralph S. Viola
Date: June 7, 2011
Docket Number: 177 SSM 17

Christopher Scott v. Rockaway Pratt, LLC
Date: June 7, 2011
Docket Number: 181 SSM 21

In the Matter of Helen Hickey; In the Matter of Rachel Cohn
Date: June 2, 2011
Docket Numbers: 101, 102

Justia Opinion Summary: Petitioners, two tenured teachers in the New York City School system, commenced Article 78 proceedings against the Board of Education for orders compelling respondent to expunge "letters of reprimand" from their personne...

The People v. Hunter
Date: June 2, 2011
Docket Number: 103

Justia Opinion Summary: Defendant pleaded guilty to criminal possession and sale of a controlled substance in the third degree and promptly appealed his conviction arguing that the supreme court erred in its suppression ruling. At issue was whe...

Marraccini v. Ryan, et al.
Date: June 2, 2011
Docket Number: 115

Justia Opinion Summary: Plaintiff sued defendants over whether plaintiff had been fully paid for construction, rehabilitation, and maintenance work performed for defendants. Defendants moved for summary judgment on the ground, inter alia, that...

Groninger v. Village of Mamaroneck
Date: June 2, 2011
Docket Number: 85

Justia Opinion Summary: Plaintiff commenced a personal injury action against defendant after she slipped and fell on ice in a parking lot owned and maintained by defendant. The appellate court held that defendant met its burden of demonstrating...

In the Matter of Arthur J. Walsh, et al.
Date: June 2, 2011
Docket Number: 94

Justia Opinion Summary: Respondent, a resident of Southold, but not a resident of Fishers Island, filed with the Suffolk County Board of Elections a petition designating himself a candidate in the September 2009 primary election. Petitioners fi...

The People v. Roy Martin
Date: May 10, 2011
Docket Number: 15

Justia Opinion Summary: Defendant was charged with crimes related to the criminal possession of a controlled substance, criminal possession of a weapon, and criminal possession of marijuana. After a Sandoval hearing and just prior to the commen...

In the Matter of Miguel M.
Date: May 10, 2011
Docket Number: 76

Justia Opinion Summary: Respondent, a designee of the New York City Department of Health and Mental Hygiene, petitioned for an order under Mental Health Hygiene Law 9.60 requiring assisted outpatient treatment ("AOT") for Miguel M. At issue was...

The People v. Kenneth Hayes
Date: May 10, 2011
Docket Number: 79

Justia Opinion Summary: Defendant was convicted of second degree assault and weapon possession where he was involved in a fight at a movie theater. At issue was whether the failure of the police to interview witnesses after overhearing two pote...

Yun Tung Chow, et al v. Reckitt & Colman, Inc.
Date: May 10, 2011
Docket Number: 81

Justia Opinion Summary: Plaintiff and his wife brought a products liability action against defendant entities responsible for the manufacture, distribution, and package design of a product sold under the brand name Lewis Red Devil Lye ("RDL") w...

The People v. Robert Franov
Date: May 10, 2011
Docket Number: 83

Justia Opinion Summary: Defendant was convicted for unauthorized use of a vehicle in the second degree, criminal mischief in the third degree, criminal possession of stolen property in the fifth degree, and possession of burglar's tools. At iss...

In the Matter of Afton C. v Dutchess County Dept. of Social Services
Date: May 5, 2011
Docket Number: 69

Justia Opinion Summary: The Duchess County Department of Social Services ("DSS") filed neglect petitions pursuant to Family Court article 10 against respondents, a mother and a father, alleging that father neglected his children because he was...

In the Matter of Eddy Marte
Date: May 5, 2011
Docket Number: 74

Justia Opinion Summary: In a memorandum opinion, the court addressed whether defense counsel gave implied consent to a mistrial. The court held that there was ample basis on the record for the trial court to conclude that defendants agreed tha...

The People v. Jose Fernandez; The People v. Ernest Brannon
Date: May 5, 2011
Docket Numbers: 77, 78

Justia Opinion Summary: Defendants appealed the denial of their motions to suppress a gravity knife found on each defendant in separate situations. In People v. Ernest Brannon, the arresting officer testified that he was able to see the hinged...

The People v. Luis Feliciano
Date: May 5, 2011
Docket Number: 82

Justia Opinion Summary: Defendant applied to the Appellate Division for a writ of coram nobis claiming that appellate counsel's representation was deficient because he did not fault defense counsel for failing to argue at his violation of parol...

The People v. Rolando Herrera
Date: May 5, 2011
Docket Number: 144 SSM 8

Roslyn Union Free School District v. Michael Barkan
Date: May 3, 2011
Docket Number: 64

Justia Opinion Summary: In September 2002, an accounting firm hired by plaintiff discovered irregularities in plaintiff's financial records. An audit revealed that the assistant superintendent had stolen over $200,000 from plaintiff's accounts....

The People v. Steven Scott
Date: May 3, 2011
Docket Number: 70

Justia Opinion Summary: Defendant was charged with rape in the first degree, rape in the second degree, and three counts of endangering the welfare of a child. At issue was whether the trial court erred in precluding evidence of the victim's se...

The People v. Peter Rivera
Date: May 3, 2011
Docket Number: 71

Justia Opinion Summary: Defendant was arrested for driving while intoxicated while his conditional license was in effect. At issue was whether the offense in section 1196(7)(f), regarding traffic infractions for conditional license-holders, and...

The People v. Robert Alonso and Emilia Alonso
Date: May 3, 2011
Docket Number: 72

Justia Opinion Summary: Several months into a criminal trial on charges related to alleged Medicaid fraud, the supreme court determined that the prosecution failed to meet their obligation to disclose exculpatory evidence pursuant to Brady v. M...

The People v. Pedro Melendez
Date: May 3, 2011
Docket Number: 73

The People v. Terrell Gifford
Date: May 3, 2011
Docket Number: 80

Bessemer Trust Company, N.A. v. Francis S. Branin, Jr.
Date: April 28, 2011
Docket Number: 63

Justia Opinion Summary: Plaintiff sued a former employee after a number of the former employee's clients left plaintiff's wealth management and investment advisory firm for the firm that the former employee currently works at. The United States...

The People v. John Lingle; The People v. John Parisi; The People v. Dominque Murrell; The People v. John Prendergast; The People v. Manual Rodriquez ;The People v. Darryl Sharlow
Date: April 28, 2011
Docket Numbers: 65, 66, 67, 68, 86, 87

Justia Opinion Summary: Defendants, six individuals, sought relief upon resentencing from their statutory obligation to serve postrelease supervision ("PRS"). At issue was whether Double Jeopardy barred their resentencing to PRS; whether substa...

In the Matter of James J. Seiferheld v. Raymond Kelly
Date: April 28, 2011
Docket Number: 84

Justia Opinion Summary: Petitioner, a New York City police officer, retired in 2004 and was awarded disability benefits. In the following years, the police department received information indicating that petitioner was not disabled; that he ma...

Trudi L. Bronson v. Allen J. Hansel
Date: April 28, 2011
Docket Number: 145 SSM 13

In the Matter of State of New York v. Andrew O.
Date: April 5, 2011
Docket Number: 34

The People v. Terence G. Jordan
Date: April 5, 2011
Docket Number: 46

The People v. Andre Stewart
Date: April 5, 2011
Docket Number: 47

The People v. Zufer Cecunjanin
Date: April 5, 2011
Docket Number: 56

Douglas Warney v. State of New York
Date: March 31, 2011
Docket Number: 35

The People v. Jair Williams
Date: March 31, 2011
Docket Number: 39

Captain Lori Albunio v. The City of New York
Date: March 31, 2011
Docket Number: 43

Ryan P. St. Louis v. Town of North Elba
Date: March 31, 2011
Docket Number: 45

The People v. Shareef Evans
Date: March 31, 2011
Docket Number: 51

The People v. Michael Brunner
Date: March 31, 2011
Docket Number: 52

The People v. Michael Spicola
Date: March 31, 2011
Docket Number: 60

61 West 62 Owners Corp. v. CGM EMP LLC
Date: March 31, 2011
Docket Number: 122 SSM 10

The People v. James Phillips
Date: March 29, 2011
Docket Number: 41

The People v. Hadji S. Hill
Date: March 29, 2011
Docket Number: 42

The People v. Michael Duhs
Date: March 29, 2011
Docket Number: 59

The People v. Tiray M. Paige
Date: March 29, 2011
Docket Number: 120 SSM 3

William B. Clarke v. Rafael Rodriguez
Date: March 29, 2011
Docket Number: 121 SSM 5

In the Matter of Mercedes Casado v. Marvin Markus
Date: March 24, 2011
Docket Numbers: 31, 32

The People v. Freddy Rodriguez
Date: March 24, 2011
Docket Number: 44

The People v. Lamont Beasley
Date: March 24, 2011
Docket Number: 53

The People v. Robert Kelly
Date: March 24, 2011
Docket Number: 58

The People v. Barak Cornell
Date: March 24, 2011
Docket Number: 119 SSM 61

Penguin Group (USA) Inc. v. American Buddha
Date: March 24, 2011
Docket Number: 7

Bleecker Street Tenants Corp. v. Bleeker Jones LLC
Date: February 24, 2011
Docket Number: 12

The People v. Elijah Cummings
Date: February 24, 2011
Docket Number: 25

The People v. Jose Casiano Alonzo
Date: February 24, 2011
Docket Number: 26

The People v. Remy Smith
Date: February 24, 2011
Docket Number: 29

The People v. James O. Boothe
Date: February 24, 2011
Docket Number: 31

The People v. Ollman Lopez
Date: February 22, 2011
Docket Number: 13

Union Carbide Corporation v. Affiliated FM Insurance Company
Date: February 22, 2011
Docket Number: 16

The People v. Isidore Farkas
Date: February 22, 2011
Docket Number: 18

The People v. Michael Edward Prindle
Date: February 22, 2011
Docket Number: 8

In the Matter of the Estate of Seymour Halpern v. Elizabeth Halpern
Date: February 22, 2011
Docket Number: 89 SSM 2

Matter of Uptown Holdings, LLC v City of New York
Date: February 17, 2011
Docket Number: 6

The People v. Mujahid Muhammad
Date: February 17, 2011
Docket Number: 21

The People v. Mujahid Muhammad
Date: February 17, 2011
Docket Number: 21

The People v. Omar Montes
Date: February 17, 2011
Docket Numbers: 22, 23

The People v. Omar Montes
Date: February 17, 2011
Docket Numbers: 22, 23

In the Matter of Leroy M.
Date: February 17, 2011
Docket Number: 24

In the Matter of Leroy M.
Date: February 17, 2011
Docket Number: 24

Yasmin Kabir v. County of Monroe
Date: February 17, 2011
Docket Number: 28

Yasmin Kabir v. County of Monroe
Date: February 17, 2011
Docket Number: 28

In the Matter of Uptown Holdings v. City of New York
Date: February 17, 2011
Docket Number: SSD 6

In the Matter of Uptown Holdings v. City of New York
Date: February 17, 2011
Docket Number: SSD 6

Patriot Exploration, LLC v. Thompson & Knight, LLP
Date: February 17, 2011
Docket Number: 88 SSM 4

Patriot Exploration, LLC v. Thompson & Knight, LLP
Date: February 17, 2011
Docket Number: 88 SSM 4

The People v. William Campbell
Date: February 15, 2011
Docket Number: 14

The People v. William Campbell
Date: February 15, 2011
Docket Number: 14

Kristi Foote v. Albany Medical Center Hospital
Date: February 15, 2011
Docket Number: 1

Kristi Foote v. Albany Medical Center Hospital
Date: February 15, 2011
Docket Number: 1

The People v. Steven Mason The People v. Reginald Rabb
Date: February 15, 2011
Docket Numbers: 2, 3

The People v. Steven Mason The People v. Reginald Rabb
Date: February 15, 2011
Docket Numbers: 2, 3

Virgil Smith v. Hazel E. Sherwood
Date: February 15, 2011
Docket Number: 20

Virgil Smith v. Hazel E. Sherwood
Date: February 15, 2011
Docket Number: 20

Gretchen Rivera v. Paul G. Kleinman
Date: February 15, 2011
Docket Number: 4

Gretchen Rivera v. Paul G. Kleinman
Date: February 15, 2011
Docket Number: 4

Mandarin Trading Ltd. v. Guy Wildenstein
Date: February 10, 2011
Docket Number: 10

Mandarin Trading Ltd. v. Guy Wildenstein
Date: February 10, 2011
Docket Number: 10

The People v. Herbert Aponte
Date: February 10, 2011
Docket Numbers: 10, 11, 9

The People v. Herbert Aponte
Date: February 10, 2011
Docket Numbers: 10, 11, 9

The People v. Jason D. Liggins
Date: February 10, 2011
Docket Number: 27

The People v. Jason D. Liggins
Date: February 10, 2011
Docket Number: 27

The People v. David M. Harnett
Date: February 10, 2011
Docket Number: 30

The People v. David M. Harnett
Date: February 10, 2011
Docket Number: 30

The People v. Tony Weaver
Date: February 10, 2011
Docket Number: 5

The People v. Tony Weaver
Date: February 10, 2011
Docket Number: 5

Myra Lehman v. North Greenwich Landscaping, LLC
Date: February 10, 2011
Docket Number: 9

Myra Lehman v. North Greenwich Landscaping, LLC
Date: February 10, 2011
Docket Number: 9

The People v. Patrick R. Ashley
Date: January 6, 2011
Docket Number: 62 SSM 62

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.