New York Court of Appeals Decisions 2015

People v. Jurgins  
Date: December 17, 2015
Citation: 2015 NY Slip Op 09311
Docket Number: 178

Justia Opinion Summary: Defendant pleaded guilty to robbery in the first degree. The plea included treating Defendant as a second felony offender. The second felony information was based on a prior conviction in Washington D.C.for attempt to co...

People v. Varenga  
Date: December 17, 2015
Citation: 2015 NY Slip Op 09312
Docket Number: 193

Justia Opinion Summary: Defendant pleaded guilty to assault in the second degree. Defendant did not appeal. Defendant was later placed in removal proceedings. Citing Padilla v. Kentucky, Defendant moved to vacate his conviction, arguing that hi...

People v. Marshall  
Date: December 17, 2015
Citation: 2015 NY Slip Op 09313
Docket Number: 195

Justia Opinion Summary: After a nonjury trial, the court found Defendant guilty of attempted assault in the third degree and related offenses. Defendant appealed, arguing that the trial court improperly denied her request for a Wade hearing to...

People v. Holley  
Date: December 17, 2015
Citation: 2015 NY Slip Op 09314
Docket Number: 196

Justia Opinion Summary: Defendant was charged with one count of attempted robbery in the third degree and two counts of assault in the third degree. Defendant moved to suppress all identification testimony, contending that the People’s failure...

People v. Pavone  
Date: December 17, 2015
Citation: 2015 NY Slip Op 09315
Docket Number: 199

Justia Opinion Summary: Defendant was convicted of two counts of first degree murder and one count of criminal possession of a weapon in the second degree. Defendant appealed, arguing that the People improperly used his silence, in the immediat...

People v. Soto  
Date: December 17, 2015
Citation: 2015 NY Slip Op 09316
Docket Number: 206

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated driving while intoxicated and driving while intoxicated. At issue on appeal was whether an unavailable witness’s statement to a defense investigator that she, and...

Davis v. S. Nassau Communities Hosp.  
Date: December 16, 2015
Citation: 2015 NY Slip Op 09229
Docket Number: 163

Justia Opinion Summary: While being treated at South Nassau Communities Hospital by medical professionals employed by Island Medical Physicians, P.C. (collectively, Defendants), Lorraine Walsh was treated with medication that impaired her abili...

People v. Rosario  
Date: December 16, 2015
Citation: 2015 NY Slip Op 09230
Docket Numbers: 191, 192

Justia Opinion Summary: The two defendants in these cases accepted pleas to criminal offenses. Defendants later petitioned for writs of error coram nobis, each alleging that counsel was constitutionally ineffective by failing to advise Defendan...

Suarez v. Williams  
Date: December 16, 2015
Citation: 2015 NY Slip Op 09231
Docket Number: 198

Justia Opinion Summary: Child lived with his paternal Grandparents beginning when he was less than ten days old and continuing until he was almost ten years old. In 2006, Child’s Mother was granted primary physical custody, but Child continued...

Cusimano v. Schnurr  
Date: December 16, 2015
Citation: 2015 NY Slip Op 09232
Docket Number: 200

Justia Opinion Summary: This appeal concerned three commercial agreements entered into among family members regarding family-owned entities. New York residents executed each agreement, and each agreement contained a provision stating that dispu...

People v. Ortiz  
Date: December 16, 2015
Citation: 2015 NY Slip Op 09233
Docket Number: 201

Justia Opinion Summary: After a jury trial, Defendant was found guilty of burglary in the second degree but was acquitted of charges involving the use or threatened use of a dangerous instrument. The Appellate Division reversed. Before the seco...

Ministers & Missionaries Benefit Bd. v. Snow  
Date: December 15, 2015
Citation: 2015 NY Slip Op 09186
Docket Number: 131

Justia Opinion Summary: In IRB-Brasil Resseguros, S.A. v. Inepar Invs., S.A., the Court of Appeals held that, where parties include a New York choice-of-law clause in a contract, such a provision demonstrates the parties’ intent that courts not...

Pegasus Aviation I, Inc. v Varig Logistica S.A.  
Date: December 15, 2015
Citation: 2015 NY Slip Op 09187
Docket Number: 153

Justia Opinion Summary: Plaintiffs (collectively, “Pegasus”) sued one defendant (“VarigLog”) for breach of contract and conversion and sought to hold other defendants (“MP defendants”) liable for VarigLog’s conduct on an alter ego theory. Pegas...

People v Smalls
Date: December 15, 2015
Citation: 2015 NY Slip Op 09188
Docket Number: 197
Matter of RAM I LLC v New York State Div. of Hous. & Community Renewal
Date: December 15, 2015
Citation: 2015 NY Slip Op 09189
Docket Number: 202
People v Chu-Joi
Date: December 15, 2015
Citation: 2015 NY Slip Op 09190
Docket Number: 212 SSM 23
Ridge v Gold
Date: December 15, 2015
Citation: 2015 NY Slip Op 09191
Docket Number: 213 SSM 28
People v. Conceicao  
Date: November 24, 2015
Citation: 2015 NY Slip Op 08615
Docket Numbers: 167, 168, 169

Justia Opinion Summary: The primary issue in these three consolidated appeals was whether Defendants entered knowing, intelligent and voluntary guilty pleas when the trial courts failed to mention the constitutional rights Defendants were waivi...

People v Afilal
Date: November 24, 2015
Citation: 2015 NY Slip Op 08616
Docket Number: 170
People v Sougou
Date: November 24, 2015
Citation: 2015 NY Slip Op 08617
Docket Number: 207 SSM 24
People v Pellegrino
Date: November 24, 2015
Citation: 2015 NY Slip Op 08618
Docket Number: 209 SSM 26
People v. Harris  
Date: November 23, 2015
Citation: 2015 NY Slip Op 08607
Docket Number: 157

Justia Opinion Summary: Defendant was indicted for burglary in the second degree and petit larceny. The burglary charge was timely interposed but the petit larceny charge was not, as the applicable statutory period ran approximately one and one...

People v. Hatton  
Date: November 23, 2015
Citation: 2015 NY Slip Op 08606
Docket Number: 157

Justia Opinion Summary: Defendant was arraigned on three accusatory instruments, each charging him with two counts of forcible touching, sexual abuse in the third degree, and harassment in the second degree. Upon motion, Criminal Court consolid...

People v Caldavado
Date: November 23, 2015
Citation: 2015 NY Slip Op 08614
Docket Number: 162
People v. Ambers  
Date: November 23, 2015
Citation: 2015 NY Slip Op 08608
Docket Number: 165

Justia Opinion Summary: Defendant was convicted of sexual conduct against a child in the second degree, rape in the second degree, and two counts of endangering the welfare of a child. Defendant appealed, arguing that his trial counsel provided...

People v. Durant  
Date: November 23, 2015
Citation: 2015 NY Slip Op 08609
Docket Number: 166

Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree robbery. Defendant appealed, arguing that the trial court committed legal error by failing to issue an adverse inference instruction based on the police’s fail...

People v. Negron  
Date: November 23, 2015
Citation: 2015 NY Slip Op 08610
Docket Number: 174

Justia Opinion Summary: Defendant was convicted of attempted murder in the second degree, assault in the first degree, reckless endangerment in the first degree, and criminal possession of a weapon in the second and third degrees. Defendant’s c...

People v. Golo  
Date: November 23, 2015
Citation: 2015 NY Slip Op 08611
Docket Number: 175

Justia Opinion Summary: In 2004, Defendant pleaded guilty to criminal possession of a controlled substance in the third degree. Later that year, Defendant pleaded guilty to two counts each of robbery in the first degree and of endangering the w...

Hawkins v. Berlin  
Date: November 23, 2015
Citation: 2015 NY Slip Op 08612
Docket Number: 177

Justia Opinion Summary: Beginning in 1989, Petitioner received public assistance from New York City Department of Social Services. Petitioner gave birth to a son, Michael, the next year. Michael was added to Petitioner’s public assistance case,...

Bennett v St. John's Home
Date: November 23, 2015
Citation: 2015 NY Slip Op 08613
Docket Number: 211 SSM 17
Carver v. State  
Date: November 19, 2015
Citation: 2015 NY Slip Op 08451
Docket Number: 139

Justia Opinion Summary: In 1993, Petitioner began receiving public assistance from the City of New York. At that time, the City required that Petitioner work thirty-five hours per week in the Work Experience Program (WEP). In 2000, Petitioner...

Sierra Club v. Village of Painted Post  
Date: November 19, 2015
Citation: 2015 NY Slip Op 08452
Docket Number: 151

Justia Opinion Summary: Petitioners, including individual residents of the Village of Painted Post, commenced this N.Y. C.P.L.R. 78 proceeding against the Village and others (collectively, Respondents), asserting that the Village failed to comp...

People v. Wragg  
Date: November 19, 2015
Citation: 2015 NY Slip Op 08453
Docket Number: 152

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual assault in the first degree. The trial court sentenced Defendant as a second child sexual assault felony offender to a determinate term of fifteen years with five yea...

People v. Matthew P.  
Date: November 19, 2015
Citation: 2015 NY Slip Op 08454
Docket Number: 154

Justia Opinion Summary: In exchange for a fee, Defendant used a stolen New York City Transit Authority (NYCTA) key to allow two undercover police officers to enter the subway system through an emergency exist gate. Defendant was subsequently ch...

Matter of Gentil v Margulis
Date: November 19, 2015
Citation: 2015 NY Slip Op 08455
Docket Number: 158
People v. Martinez  
Date: November 19, 2015
Citation: 2015 NY Slip Op 08456
Docket Number: 160

Justia Opinion Summary: Defendant was charged with several crimes for committing acts against a six-year-old girl. Before trial, the People made a plea offer of ten years’ probation for a single crime. After hearing the trial court’s warning th...

People v. Small  
Date: November 19, 2015
Citation: 2015 NY Slip Op 08457
Docket Number: 176

Justia Opinion Summary: On March 30, 2006, Defendant was indicted for various charges arising from a burglary that occurred in January 2005. Defendant was arrested on April 4, 2006 for a different burglary that occurred that day. On April 7, 2...

Green v Metropolitan Transp. Auth. Bus Co.
Date: November 19, 2015
Citation: 2015 NY Slip Op 08458
Docket Number: 210 SSM 22
People v Gary
Date: November 18, 2015
Citation: 2015 NY Slip Op 08368
Docket Number: 155
People v. Hardy  
Date: November 18, 2015
Citation: 2015 NY Slip Op 08369
Docket Number: 159

Justia Opinion Summary: After a jury trial, Defendant was convicted of four counts of grand larceny in the first degree and one count of petit larceny. The Appellate Division affirmed, holding that the trial court (1) properly declined to give...

People v. Israel  
Date: November 18, 2015
Citation: 2015 NY Slip Op 08370
Docket Number: 171

Justia Opinion Summary: After a jury trial, Defendant was convicted of intentional murder in the second degree and attempted intentional murder in the first degree. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) Def...

Matter of Fizzinoglia
Date: November 18, 2015
Citation: 2015 NY Slip Op 08371
Docket Number: 173
People v. Denson  
Date: October 27, 2015
Citation: 2015 NY Slip Op 07779
Docket Number: 130

Justia Opinion Summary: After a nonjury trial, Defendant was convicted of attempted kidnapping in the second degree and endangering the welfare of a child. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) the trial co...

People v. Nealon  
Date: October 27, 2015
Citation: 2015 NY Slip Op 07781
Docket Number: 133

Justia Opinion Summary: After a jury trial, Defendant was found guilty of robbery in the first degree, robbery in the second degree, assault in the second degree, and criminal possession of stolen property in the fifth degree. The Appellate Div...

People v. Taylor  
Date: October 27, 2015
Citation: 2015 NY Slip Op 07782
Docket Number: 134

Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree murder, second-degree assault, two counts of second-degree weapons possession, and first-degree reckless endangerment. The Appellate Division affirmed Defendan...

Texeira v. Fischer  
Date: October 27, 2015
Citation: 2015 NY Slip Op 07783
Docket Number: 142

Justia Opinion Summary: Petitioner, an inmate, was charged in a misbehavior report for violating prison disciplinary rules. At the disciplinary hearing, Petitioner pleaded not guilty and requested another inmate be called as a witness. When the...

People v. Walker  
Date: October 27, 2015
Citation: 2015 NY Slip Op 07784
Docket Number: 147

Justia Opinion Summary: Defendant was charged in an indictment with murder in the second degree. After a jury trial, Defendant was acquitted of second degree murder but found guilty of manslaughter in the first degree. During trial, Defendant c...

Matter of Patrolmen's Benevolent Assn. of the City of N.Y., Inc. v City of New York
Date: October 27, 2015
Citation: 2015 NY Slip Op 07785
Docket Number: 194
People v Mendez
Date: October 27, 2015
Citation: 2015 NY Slip Op 07786
Docket Number: 203 SSM 19
People v Sydoriak
Date: October 27, 2015
Citation: 2015 NY Slip Op 07787
Docket Number: 204 SSM 21
Nomura Asset Capital Corp. v. Cadwalader, Wickersham & Taft LLP  
Date: October 22, 2015
Citation: 2015 NY Slip Op 07693
Docket Number: 122

Justia Opinion Summary: Nomura Asset Capital Corporation and Asset Securitization Corporation (Nomura) established a commercial mortgage-backed securities business and engaged the law firm of Cadwalader, Wickersham & Taft, LLP (Cadwalader) to c...

People v. Barksdale  
Date: October 22, 2015
Citation: 2015 NY Slip Op 07694
Docket Number: 123

Justia Opinion Summary: Defendant was arrested in the lobby of an apartment building that was enrolled in the trespass affidavit program. Upon his arrest, officers frisked Defendant and found a razor blade in one of his pants pockets. Defendant...

Matter of Linares v Evans
Date: October 22, 2015
Citation: 2015 NY Slip Op 07695
Docket Number: 124
Matter of Bottom v Annucci
Date: October 22, 2015
Citation: 2015 NY Slip Op 07696
Docket Number: 135
People ex rel. DeLia v. Munsey  
Date: October 22, 2015
Citation: 2015 NY Slip Op 07697
Docket Number: 136

Justia Opinion Summary: Stephen S. was a patient who was involuntarily committed under article 9 of the Mental Hygiene Law. Because Stephen had been unlawfully held by a hospital beyond the authorized retention period Mental Hygiene Legal Servi...

Tipaldo v. Lynn  
Date: October 22, 2015
Citation: 2015 NY Slip Op 07698
Docket Number: 143

Justia Opinion Summary: After Plaintiff was removed from his position at his place of employment and demoted, he commenced this action pursuant to N.Y. Civ. Serv. Law 75-b, the whistleblower statute, alleging that he was retaliated against for...

People v. Jorgensen  
Date: October 22, 2015
Citation: 2015 NY Slip Op 07699
Docket Number: 179

Justia Opinion Summary: Defendant was thirty-four weeks pregnant when she struck the vehicle of Robert and Mary Kelly, killing them both. Defendant’s baby was born after an emergency cesarean section but died six days later from injuries sustai...

Matter of Olmosperez v Evans
Date: October 22, 2015
Citation: 2015 NY Slip Op 07700
Docket Number: 205 SSM 18
People v. Sprint Nextel Corp.  
Date: October 20, 2015
Citation: 2015 NY Slip Op 07574
Docket Number: 127

Justia Opinion Summary: In 2012, the Attorney General (AG) filed a complaint resulting in a civil enforcement action by the AG, alleging that Sprint knowingly violated the New York Tax Law, engaged in fraudulent or illegal acts, and submitted f...

Remet Corp. v. Estate of Pyne  
Date: October 20, 2015
Citation: 2015 NY Slip Op 07575
Docket Numbers: 129, 129

Justia Opinion Summary: James Pyne, who died during these proceedings, was the founder and sole stockholder of Remet Corporation. Pyne sold Remet’s stock and facilities, along with real property he had been leasing to Remet, to Burmah Castro Ho...

People v Izzo
Date: October 20, 2015
Citation: 2015 NY Slip Op 07576
Docket Number: 138
People v Barnes
Date: October 20, 2015
Citation: 2015 NY Slip Op 07577
Docket Number: 141
Hutchinson v. Sheridan Hill House Corp.  
Date: October 20, 2015
Citation: 2015 NY Slip Op 07578
Docket Numbers: 144, 145, 146

Justia Opinion Summary: The common thread among these three appeals was that an individual tripped on a defect in a sidewalk or stairway and was injured but was prevented from going to trial on the ground that the defect was characterized as to...

El-Dehdan v El-Dehdan  
Date: October 20, 2015
Citation: 2015 NY Slip Op 07579
Docket Number: 90

Justia Opinion Summary: During the course of the parties’ matrimonial proceeding, Supreme Court issued an order (the “January 2010 order”) requiring Defendant to deposit in escrow the proceeds of the sale of properties which were the subject of...

People v Poleun
Date: October 15, 2015
Citation: 2015 NY Slip Op 07527
Docket Number: 128
People v. Harris  
Date: October 15, 2015
Citation: 2015 NY Slip Op 07528
Docket Number: 137

Justia Opinion Summary: Defendant was charged with three counts of witness tampering and bribery for cultivating a relationship with and giving money to three girls, witnesses to the murder of Dennis Brown. Defendant’s half-brother, Wesley Syke...

People v. Sans  
Date: October 15, 2015
Citation: 2015 NY Slip Op 07529
Docket Number: 140

Justia Opinion Summary: Defendant pleaded guilty to and was convicted of criminal possession of a weapon in the fourth degree. Defendant waived prosecution by information. Defendant appealed, arguing that the accusatory instrument was jurisdict...

People v. Baxin  
Date: October 15, 2015
Citation: 2015 NY Slip Op 07530
Docket Number: 180

Justia Opinion Summary: Defendant pleaded guilty to one count of sodomy. In contemplation of Defendant’s release from incarceration, the Board of Examiners of Sex Offenders prepared a case summary and a risk assessment instrument. At the ensuin...

Abraham v Chelsea Piers Mgt., Inc.
Date: September 17, 2015
Citation: 2015 NY Slip Op 06836
Docket Number: 189 SSM 16
Branic Intl. Realty Corp. v Pitt
Date: September 1, 2015
Citation: 2015 NY Slip Op 06692
Docket Number: 184 SSM 14
Rivera v Fernandez & Ulloa Auto Group
Date: August 27, 2015
Citation: 2015 NY Slip Op 06689
Docket Number: 183 SSM 13
Angletti v. Morreale  
Date: August 26, 2015
Citation: 2015 NY Slip Op 06647
Docket Number: 181

Justia Opinion Summary: On July 22, Petitioner commenced this proceeding seeking to invalidate a designating petition filed on July 8, 2015 by the Niagara County Board of Elections naming Respondent as a Democratic Party candidate for the offic...

Matter of Helwig v Asklar
Date: August 26, 2015
Citation: 2015 NY Slip Op 06648
Docket Number: 182
Greater Jamaica Dev. Corp. v. New York City Tax Comm’n  
Date: July 1, 2015
Citation: 2015 NY Slip Op 05620
Docket Number: 108

Justia Opinion Summary: Petitioner owned and operated five commercial parking facilities for the purpose of furthering the goal of its sole member, a not-for-profit corporation, to revitalize downtown Jamaica, Queens. New York City Tax Commissi...

People v. Wright  
Date: July 1, 2015
Citation: 2015 NY Slip Op 05621
Docket Number: 109

Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree intentional murder. Defendant was sentenced to a term of twenty-five years to life. The Appellate Division affirmed, concluding that the evidence was legally s...

JF Capital Advisors, LLC v. Lightstone Group, LLC  
Date: July 1, 2015
Citation: 2015 NY Slip Op 05622
Docket Number: 112

Justia Opinion Summary: Plaintiff filed an amended complaint claiming to have rendered to Defendants financial advisory services for nine project groups of investment opportunities. Plaintiff sought recovery based on theories of quantum meruit...

People v Basile
Date: July 1, 2015
Citation: 2015 NY Slip Op 05623
Docket Number: 113
Burton v. New York State Dep’t of Taxation & Fin.  
Date: July 1, 2015
Citation: 2015 NY Slip Op 05624
Docket Number: 115

Justia Opinion Summary: Plaintiffs, several nonresident former owners and shareholders in an S corporation, filed the instant declaratory judgment action against the New York State Department of Taxation and Finance, challenging a tax imposed o...

Caprio v. New York State Dept. of Taxation & Fin.  
Date: July 1, 2015
Citation: 2015 NY Slip Op 05625
Docket Number: 116

Justia Opinion Summary: At issue in this case was whether the three-and-a-half year retroactive application of the 2010 amendments to N.Y. Tax Law 632(a)(2) were unconstitutional as applied to Plaintiffs under the due process clauses of the fed...

Matter of State Farm Mut. Auto. Ins. Co. v. Fitzgerald  
Date: July 1, 2015
Citation: 2015 NY Slip Op 05626
Docket Number: 119

Justia Opinion Summary: The Court of Appeals held in Matter of State Farm Mut. Auto. Ins. Co. v. Amato that N.Y. Ins. Law 3420(f), which provides that all motor vehicle insurance policies must contain uninsured motorist coverage, has no applica...

Commonwealth of Pa. Pub. Sch. Employees' Ret. Sys. v. Morgan Stanley & Co., Inc.  
Date: June 30, 2015
Citation: 2015 NY Slip Op 05591
Docket Number: 104

Justia Opinion Summary: The Cheyne structured investment vehicle (SIV) issued several classes of notes that received top credit ratings. The rated notes at issue in this case were originally purchased by Allianz Dresdner Daily Asset Fund (DAF),...

People v. Henderson  
Date: June 30, 2015
Citation: 2015 NY Slip Op 05592
Docket Number: 106

Justia Opinion Summary: Defendant was convicted of felony murder, first-degree manslaughter, first-degree burglary, two counts of second-degree burglary, and second-degree assault. Defendant appealed, arguing that there was insufficient evidenc...

Matter of Glick v Harvey
Date: June 30, 2015
Citation: 2015 NY Slip Op 05593
Docket Number: 107
Eric M. Berman, P.C. v. City of New York  
Date: June 30, 2015
Citation: 2015 NY Slip Op 05594
Docket Number: 114

Justia Opinion Summary: Plaintiffs in this case were law firms in debt collection. Plaintiffs brought this action in federal district court seeking to invalidate certain amendments to the New York City Administrative Code (Local Law) pertaining...

People v. Pacquette  
Date: June 30, 2015
Citation: 2015 NY Slip Op 05595
Docket Number: 118

Justia Opinion Summary: After a trial, Defendant was convicted of criminal sale of a controlled substance in the third degree. Defendant appealed, arguing that the trial court erred by allowing the People to to introduce identification testimon...

People v. Keschner  
Date: June 30, 2015
Citation: 2015 NY Slip Op 05596
Docket Numbers: 15, 16

Justia Opinion Summary: After a jury trial, Defendants - a licensed chiropractor and a licensed physician - were found guilty of, among other counts, enterprise corruption, scheme to defraud in the first degree, grand larceny in the first degre...

Amalgamated Bank v Helmsley-Spear, Inc.
Date: June 25, 2015
Citation: 2015 NY Slip Op 05510
Docket Number: 105
People v Washington
Date: June 25, 2015
Citation: 2015 NY Slip Op 05511
Docket Number: 110
People v Lovett
Date: June 25, 2015
Citation: 2015 NY Slip Op 05512
Docket Number: 111
People v Brown
Date: June 25, 2015
Citation: 2015 NY Slip Op 05513
Docket Number: 117
Greater N.Y. Taxi Ass’n v. N.Y. City Taxi & Limousine Comm’n  
Date: June 25, 2015
Citation: 2015 NY Slip Op 05514
Docket Number: 120

Justia Opinion Summary: The New York City Taxi and Limousine Commission (TLC), which regulates taxis and other cars for hire in New York City, engaged in a lengthy process to create the “Taxi of Tomorrow.” The process culminated in rules that e...

People v Gonzalez
Date: June 25, 2015
Citation: 2015 NY Slip Op 05515
Docket Number: 76
Universal Am. Corp. v Nat’l Union Fire Ins. Co. of Pittsburgh, PA  
Date: June 25, 2015
Citation: 2015 NY Slip Op 05516
Docket Number: 95

Justia Opinion Summary: Plaintiff is a health insurance company that offers a choice of federal government-regulated alternatives to Medicare known as Medicare Advantage plans. These plans allow Medicare-eligible individuals to purchase health...

Aurora Loan Servs., LLC v. Taylor  
Date: June 11, 2015
Citation: 2015 NY Slip Op 04872
Docket Number: 83

Justia Opinion Summary: Defendant executed an adjustable rate note to First National Bank of Arizona, wherein she agreed to repay a loan. To secure payment, Defendants executed a mortgage with the the bank. The loan was subsequently made part o...

ACE Sec. Corp. v DB Structured Prods., Inc.  
Date: June 11, 2015
Citation: 2015 NY Slip Op 04873
Docket Number: 85

Justia Opinion Summary: Two certificateholders in ACE Securities Corp., Home Equity Loan Trust sued DB Structured Products (DBSP) for failure to repurchase loans that purportedly did not conform to the representations and warranties of DBSP, wh...

People v Scott
Date: June 11, 2015
Citation: 2015 NY Slip Op 04874
Docket Number: 87
People v. Middlebrooks  
Date: June 11, 2015
Citation: 2015 NY Slip Op 04875
Docket Numbers: 88, 89

Justia Opinion Summary: The two defendants in this case were eighteen years old when they pleaded guilty to armed felonies. Both defendants were “youths” within the meaning of N.Y. Crim. Proc. Law 720.10(1), had never been convicted of a crime,...

Brown & Brown, Inc. v Johnson  
Date: June 11, 2015
Citation: 2015 NY Slip Op 04876
Docket Number: 92

Justia Opinion Summary: Plaintiffs-insurance intermediaries were Brown & Brown, Inc., a Florida corporation, and its New York subsidiary, Brown & Brown of New York, Inc. (BBNY). When Theresa Johnson began working for BBNY she signed an employme...

People v. Lashway  
Date: June 11, 2015
Citation: 2015 NY Slip Op 04877
Docket Number: 94

Justia Opinion Summary: In 1990, Appellant was convicted of three counts of rape in the second degree. Prior to his release in 2004, Appellant was adjudicated a risk level three sex offender under the Sex Offender Registration Act (SORA). Appel...

Walton v. Strong Mem’l Hosp.  
Date: June 10, 2015
Citation: 2015 NY Slip Op 04786
Docket Number: 67

Justia Opinion Summary: In 1986, when Plaintiff was three years old, he underwent surgery to correct a congenital heart malformation. In 2008, Plaintiff underwent exploratory surgery, which revealed that a portion of an atrial catheter had been...

Viviane Etienne Med. Care v. Country-Wide Ins. Co.  
Date: June 10, 2015
Citation: 2015 NY Slip Op 04787
Docket Number: 75

Justia Opinion Summary: Alem Cardenas received treatment for injuries he received during an automobile accident at the office of Plaintiff-medical provider. Cardenas’s automobile liability insurance policy with Defendant-insurer contained a New...

Deleon v New York City Sanitation Dept.
Date: June 10, 2015
Citation: 2015 NY Slip Op 04788
Docket Number: 79
In re Shannon  
Date: June 10, 2015
Citation: 2015 NY Slip Op 04789
Docket Number: 80

Justia Opinion Summary: Eastchester Rehabilitation & Health Care Center cared for Edna Shannon for four years. During the fourth year, Family Service Society of Yonkers (FSS Yonkers) was appointed as guardian of Shannon’s person and property. E...

Plaintiff v. Defendant  
Date: June 10, 2015
Citation: 2015 NY Slip Op 04790
Docket Number: 91

Justia Opinion Summary: Defendant and Oman Gutierrez were charged with the first degree murder of Edward Contreras. It was alleged that Defendant murdered Contreras at Gutierrez’s request. New York City Police Detective Rolando Rivera testified...

Shipley v. City of New York  
Date: June 10, 2015
Citation: 2015 NY Slip Op 04791
Docket Number: 96

Justia Opinion Summary: Jesse Stipley (the decedent), a seventeen-year-old high school student, was killed in an automobile accident. During an authorized autopsy, the medical examiner removed, among other organs, the decedent’s brain, fixed it...

People v Rutledge
Date: June 9, 2015
Citation: 2015 NY Slip Op 04758
Docket Number: 148 SSM 10
Doerr v Goldsmith
Date: June 9, 2015
Citation: 2015 NY Slip Op 04752
Docket Number: 17
Matter of Anonymous
Date: June 9, 2015
Citation: 2015 NY Slip Op 04757
Docket Number: 24
Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A. v. Navarro  
Date: June 9, 2015
Citation: 2015 NY Slip Op 04753
Docket Number: 54

Justia Opinion Summary: Defendant was a CEO and director of now bankrupt Agra Services of Canada, Inc (Agra Canada) and an officer and director of Agra USA. Agra Canada entered into a purchase agreement with Cooperative Centrale Raiffeisen-Boer...

People v. Lynch  
Date: June 9, 2015
Citation: 2015 NY Slip Op 04754
Docket Number: 77

Justia Opinion Summary: In 2009, Defendant pleaded guilty in a Westchester County court to criminal possession of a forged instrument in the third degree. In 2010, a Suffolk County Grand Jury charged Defendant with criminal possession of a forg...

People v. Sanders  
Date: June 9, 2015
Citation: 2015 NY Slip Op 04755
Docket Number: 78

Justia Opinion Summary: Defendant pleaded guilty to manslaughter in the first degree and gang assault in the first degree. After a plea colloquy, the court accepted the plea, and Defendant was sentenced to a term of imprisonment. Defendant appe...

Branch v County of Sullivan
Date: June 9, 2015
Citation: 2015 NY Slip Op 04756
Docket Number: 93
Thomas v New York City Hous. Auth.
Date: June 4, 2015
Citation: 2015 NY Slip Op 04679
Docket Number: 149 SSM 12
In re Lewis  
Date: June 4, 2015
Citation: 2015 NY Slip Op 04674
Docket Number: 64

Justia Opinion Summary: When decedent Robyn R. Lewis died in 2010, a will was admitted to probate that was executed by Decedent in Texas in 1996. Objections to probate were filed by various members of Decedent’s family. The Surrogate dismissed...

Matter of McGovern v Mount Pleasant Cent. Sch. Dist.
Date: June 4, 2015
Citation: 2015 NY Slip Op 04675
Docket Number: 74
Matter of Delroy S.
Date: June 4, 2015
Citation: 2015 NY Slip Op 04676
Docket Number: 81
People ex rel. Bourlaye T. v Connolly
Date: June 4, 2015
Citation: 2015 NY Slip Op 04677
Docket Number: 82
Flushing Savings Bank, FSB v. Bitar  
Date: June 4, 2015
Citation: 2015 NY Slip Op 04678
Docket Number: 84

Justia Opinion Summary: Plaintiff Bank was the owner and holder of note secured by a mortgage on commercial property in Brooklyn. When Defendant, the mortgagor and obligor on the note, defaulted, Bank commenced a mortgage foreclosure action aga...

State v. Robert F.  
Date: May 14, 2015
Citation: 2015 NY Slip Op 04162
Docket Number: 53

Justia Opinion Summary: In 2004, Respondent pleaded guilty to sexual abuse in the first degree. Respondent was previously convicted in three separate cases to sexual abuse in the first degree, rape in the first degree, and sodomy in the second...

People v. Brown  
Date: May 14, 2015
Citation: 2015 NY Slip Op 04163
Docket Number: 58

Justia Opinion Summary: In 2002, Defendant pleaded guilty to one count of third-degree criminal sale of a controlled substance. While on parole for the instant offense, Defendant moved for resentencing pursuant to N.Y. Crim. Proc. Law 440.46. T...

Malay v. City of Syracuse  
Date: May 14, 2015
Citation: 2015 NY Slip Op 04164
Docket Number: 62

Justia Opinion Summary: In June 2008, Plaintiff brought an action in a federal district court alleging violations of her federal and state constitutional rights and asserting common law negligence claims. The district dismissed several of Plain...

People v. Lamont  
Date: May 14, 2015
Citation: 2015 NY Slip Op 04165
Docket Number: 68

Justia Opinion Summary: After a nonjury trial, Defendant was convicted of two counts of attempted robbery in the second degree. Defendant appealed, arguing that the evidence was legally insufficient to establish that he had the specific intent...

Matter of Dorrance
Date: May 12, 2015
Citation: 2015 NY Slip Op 04025
Docket Number: 121
Faison v. Lewis  
Date: May 12, 2015
Citation: 2015 NY Slip Op 04026
Docket Number: 46

Justia Opinion Summary: Plaintiff filed a complaint against Bank of America and related entities seeking to set aside and cancel, as null and void, the Bank’s mortgage interest in real property conveyed on the authority of an allegedly forged d...

People v Pacherille
Date: May 12, 2015
Citation: 2015 NY Slip Op 04027
Docket Number: 57
Dempsey v. New York City Dep’t of Educ.  
Date: May 12, 2015
Citation: 2015 NY Slip Op 04028
Docket Number: 59

Justia Opinion Summary: Petitioner applied to the New York City Department of Education (DOE) for certification as a school bus driver. The DOE denied Petitioner’s application due to Petitioner’s long record of criminal behavior, a gap in his e...

Banos v. Rhea  
Date: May 12, 2015
Citation: 2015 NY Slip Op 04029
Docket Numbers: 60, 61

Justia Opinion Summary: The New York City Housing Authority (NYCHA) terminated the Section 8 benefits of Petitioners. Petitioners commenced separate N.Y. C.P.L.R. 78 proceedings against NYCHA seeking to annul NYCHA’s determinations as arbitrary...

Barreto v. Metro. Transit Auth.  
Date: May 7, 2015
Citation: 2015 NY Slip Op 03875
Docket Number: 33

Justia Opinion Summary: The New York City Transit Authority (NYCTA), on behalf of the Metropolitan Transportation Authority (MTA), retained P.A.L. Environmental Safety Corp. (PAL) to perform asbestos removal from electrical cables underneath ci...

ACA Fin. Guar. Corp. v Goldman, Sachs & Co.
Date: May 7, 2015
Citation: 2015 NY Slip Op 03876
Docket Number: 49
People v. Rodriguez  
Date: May 7, 2015
Citation: 2015 NY Slip Op 03877
Docket Number: 55

Justia Opinion Summary: Defendant was convicted of attempted murder in the second degree, assault in the first degree, robbery in the first degree, and robbery in the second degree. The sentencing court directed that the assault sentence run co...

Matter of Kasckarow v Board of Examiners of Sex Offenders of State of N.Y.
Date: May 7, 2015
Citation: 2015 NY Slip Op 03878
Docket Number: 56
Matter of Soares v Carter
Date: May 7, 2015
Citation: 2015 NY Slip Op 03879
Docket Number: 70
People v. Rivera  
Date: May 5, 2015
Citation: 2015 NY Slip Op 03764
Docket Number: 20

Justia Opinion Summary: While seeking treatment from a psychiatrist, Defendant admitted to sexually abusing an eleven-year-old relative. Defendant was later arrested and charged with predatory sexual assault against a child. During Defendant’s...

Matter of Trenasia J. (Frank J.)
Date: May 5, 2015
Citation: 2015 NY Slip Op 03765
Docket Number: 30
Natural Res. Defense Council, Inc. v. N.Y. State Dep’t of Envtl. Conservation  
Date: May 5, 2015
Citation: 2015 NY Slip Op 03766
Docket Number: 48

Justia Opinion Summary: The 2010 General Permit requires municipal storm sewer systems to develop and implement a Stormwater Management Program in compliance with specifications developed by the New York State Department of Environmental Conser...

People v Graham
Date: May 5, 2015
Citation: 2015 NY Slip Op 03767
Docket Number: 63
People v Flanders
Date: May 5, 2015
Citation: 2015 NY Slip Op 03768
Docket Number: 65
Matter of Russo v New York City Dept. of Educ.
Date: April 7, 2015
Citation: 2015 NY Slip Op 02870
Docket Number: 102 SSM 8
People v. Dubarry  
Date: April 7, 2015
Citation: 2015 NY Slip Op 02865
Docket Number: 32

Justia Opinion Summary: After a jury trial, Defendant was convicted of depraved indifference murder, intentional murder on a transferred intent theory, attempted murder in the second degree, and criminal possession of a weapon in the second deg...

People v. Williams  
Date: April 7, 2015
Citation: 2015 NY Slip Op 02866
Docket Number: 34

Justia Opinion Summary: At issue in this criminal case was the prosecution’s references in its case-in-chief to Defendant’s selective silence during custodial interrogation, after Defendant had waived his Miranda rights and agreed to speak to t...

People v. Guthrie  
Date: April 7, 2015
Citation: 2015 NY Slip Op 02867
Docket Number: 50

Justia Opinion Summary: A law enforcement officer stopped Defendant’s vehicle based on the officer’s mistaken belief that Defendant violated the Vehicle and Traffic Law. Defendant was subsequently charged with failing to stop at a stop sign and...

Lopez v. Evans  
Date: April 7, 2015
Citation: 2015 NY Slip Op 02868
Docket Number: 51

Justia Opinion Summary: Petitioner was convicted of murder and eventually released on lifetime parole supervision. Petitioner was subsequently charged with misdemeanor assault. Petitioner was found to be unfit to stand trial and was committed t...

People v Jarvis
Date: April 7, 2015
Citation: 2015 NY Slip Op 02869
Docket Number: 52
Barney-Yeboah v Metro-North Commuter R.R.
Date: April 2, 2015
Citation: 2015 NY Slip Op 02803
Docket Number: 103 SSM 6
People v. Carr  
Date: April 2, 2015
Citation: 2015 NY Slip Op 02798
Docket Numbers: 26, 27

Justia Opinion Summary: Two codefendants (Defendants) were convicted of second-degree murder for acting in concert with three others to kill Matharr Cham. When the People’s main witness failed to appear twice during trial, the court held an in...

Powers v. St. John's Univ. Sch. of Law  
Date: April 2, 2015
Citation: 2015 NY Slip Op 02799
Docket Number: 28

Justia Opinion Summary: After David Powers had completed three semesters as a part-time law school student at St. John’s University School of Law, the law school discovered that Powers had made material misrepresentations and omissions in his l...

Matter of Kickertz v New York Univ.
Date: April 2, 2015
Citation: 2015 NY Slip Op 02800
Docket Number: 29
Nicometi v Vineyards of Fredonia, LLC  
Date: April 2, 2015
Citation: 2015 NY Slip Op 02801
Docket Number: 31

Justia Opinion Summary: Plaintiff, a construction worker, slipped on ice and fell to the floor while using stilts to install insulation in a ceiling. Plaintiff commenced this action, asserting common-law negligence and N.Y. Labor Law 200, 240(1...

Saint v. Syracuse Supply Co.  
Date: April 2, 2015
Citation: 2015 NY Slip Op 02802
Docket Number: 35

Justia Opinion Summary: Joseph Saint suffered work-related injuries while he was engaged in the installation and removal of a billboard advertisement. Joseph and his wife, Sheila Saint (together, Plaintiffs), brought this complaint against the...

People v Anthony C.
Date: March 31, 2015
Citation: 2015 NY Slip Op 02678
Docket Number: 101 SSM 2
People v. Garay  
Date: March 31, 2015
Citation: 2015 NY Slip Op 02672
Docket Number: 25

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal possession in the first degree. Defendant appealed, arguing, among other claims, that his right to counsel was violated when the trial court replaced a sick juror w...

Schoenefeld v. State  
Date: March 31, 2015
Citation: 2015 NY Slip Op 02674
Docket Number: 39

Justia Opinion Summary: Plaintiff, a New Jersey resident who was admitted to the practice of law in New York, maintained her only law office in New Jersey. When Plaintiff learned of the statutory requirement that nonresident attorneys must main...

People v. Garcia  
Date: March 31, 2015
Citation: 2015 NY Slip Op 02675
Docket Number: 40

Justia Opinion Summary: After two separate jury trials in two unrelated cases, Defendants were convicted of manslaughter in the first degree and murder in the second degree, respectively. Defendants appealed, arguing that the introduction of pu...

People v. Shaulov  
Date: March 31, 2015
Citation: 2015 NY Slip Op 02676
Docket Number: 43

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of rape in the third degree, criminal sexual act in the third degree, sexual abuse in the third degree, and endangering the welfare of a child. The Appellate D...

Beardslee v. Inflection Energy, LLC  
Date: March 31, 2015
Citation: 2015 NY Slip Op 02677
Docket Number: 44

Justia Opinion Summary: Plaintiffs, various landowners, entered into separate oil and gas leases with Victory Energy Corporation whereby Plaintiffs leased drilling rights to Victory. Victory shared its leasehold interests with Megaenergy, Inc....

People v Mercado
Date: March 26, 2015
Citation: 2015 NY Slip Op 02556
Docket Number: 100 SSM 4
People v Brown
Date: March 26, 2015
Citation: 2015 NY Slip Op 02552
Docket Number: 36
People v. Jones  
Date: March 26, 2015
Citation: 2015 NY Slip Op 02553
Docket Number: 45

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal possession of a forged instrument in the second degree. The People sought to have Defendant adjudicated a persistent felony offender pursuant to N.Y. Penal Law 70.1...

People v Ford
Date: March 26, 2015
Citation: 2015 NY Slip Op 02554
Docket Number: 47
Matter of Dorrance
Date: March 26, 2015
Citation: 2015 NY Slip Op 02555
Docket Number: 98
Holmes v Business Relocation Servs., Inc.
Date: March 26, 2015
Citation: 2015 NY Slip Op 02557
Docket Number: 99 SSM 9
Conason v. Megan Holding, LLC  
Date: February 24, 2015
Citation: 2015 NY Slip Op 01553
Docket Number: 14

Justia Opinion Summary: Julie Conason and Geoffrey Bryant (together, “Tenants”) were the rent-stabilized tenants of an apartment in a residential building owned by Megan Holding, LLC (“Megan”). Megan was Tenants’ landlord. Almost five and a hal...

Front, Inc. v. Khalil  
Date: February 24, 2015
Citation: 2015 NY Slip Op 01554
Docket Number: 19

Justia Opinion Summary: Phillip Khalil was employed with Front, Inc. for approximately seven years. Khalil later informed Front that he intended to resign to take a position with Eckersley O’Callaghan Structural Design (EOC), one of Front’s com...

Manouel v. Bd. of Assessors  
Date: February 24, 2015
Citation: 2015 NY Slip Op 01555
Docket Number: 22

Justia Opinion Summary: Petitioners, the owners of a single-family residence located in Nassau County, filed a small claims assessment review (SCAR) petition under Real Property Tax Law (RPTL) 730. The County requested disqualification of the p...

In re Dunn  
Date: February 24, 2015
Citation: 2015 NY Slip Op 01556
Docket Number: 23

Justia Opinion Summary: In the underlying federal action commenced by the Securities and Exchange Commission (SEC) against David Smith and his investment services firm, the SEC obtained a temporary restraining order freezing Smith’s assets and...

People v Cooke
Date: February 24, 2015
Citation: 2015 NY Slip Op 01557
Docket Number: 73 SSM 31
People v Crowder
Date: February 19, 2015
Citation: 2015 NY Slip Op 01481
Docket Number: 11
Graham Court Owner's Corp. v. Taylor  
Date: February 19, 2015
Citation: 2015 NY Slip Op 01482
Docket Number: 18

Justia Opinion Summary: Following Tenant filed a successful rent overcharge complaint, Landlord commenced a holdover proceeding against Respondent seeking to evict Tenant and regain possession of the premises. In support of its claims, Landlord...

Platek v. Town of Hamberg  
Date: February 19, 2015
Citation: 2015 NY Slip Op 01483
Docket Number: 21

Justia Opinion Summary: After a subsurface water main abutting Plaintiffs’ property ruptured, causing water to flood into and damage their home’s basement, Plaintiffs made a claim under their homeowners’ insurance policy issued by Defendant, Al...

Matter of Solla v Berlin
Date: February 19, 2015
Citation: 2015 NY Slip Op 01484
Docket Number: 24
People v Williams
Date: February 19, 2015
Citation: 2015 NY Slip Op 01485
Docket Number: 4
BDC Finance LLC v. Barclays Bank PLC  
Date: February 19, 2015
Citation: 2015 NY Slip Op 01486
Docket Number: 5

Justia Opinion Summary: In 2005, Barclays Bank PLC, a major global bank based in the United Kingdom, and BDC Finance LLC, a Connecticut-based hedge fund, entered into a series of transactions that were memorialized in several forms, including a...

People v. Diack  
Date: February 17, 2015
Citation: 2015 NY Slip Op 01376
Docket Number: 1

Justia Opinion Summary: Defendant was convicted of a sex crime and, upon his release from custody, was classified a level one sex offender under the Sex Offender Registration Act. Defendant was later charged with a violation of Nassau County Lo...

People v. Repanti  
Date: February 17, 2015
Citation: 2015 NY Slip Op 01375
Docket Number: 10

Justia Opinion Summary: After a trial, Defendant was convicted of attempted assault in the third degree and second degree harassment. The convictions arose from Defendant’s act of “banging into” the complainant with his shoulder. Defendant appe...

People v Brumfield
Date: February 17, 2015
Citation: 2015 NY Slip Op 01377
Docket Number: 6
Margerum v. City of Buffalo  
Date: February 17, 2015
Citation: 2015 NY Slip Op 01378
Docket Number: 7

Justia Opinion Summary: Several firefighter plaintiffs sued the City of Buffalo, alleging that the City engaged in reverse, disparate treatment racial discrimination as to civil service lists for Buffalo firefighters. The City moved to dismiss...

People v Gibson
Date: February 17, 2015
Citation: 2015 NY Slip Op 01379
Docket Number: 72 SSM 26
Veronica P. v. Radcliff A.  
Date: February 12, 2015
Citation: 2015 NY Slip Op 01300
Docket Number: 12

Justia Opinion Summary: In 2009, Respondent regularly stayed in an apartment with his aunt, Petitioner. That same year, Petitioner filed a petition charging Respondent with various family offenses under Family Court Act article 8 and seeking an...

Tyrone D. v. State  
Date: February 12, 2015
Citation: 2015 NY Slip Op 01301
Docket Number: 13

Justia Opinion Summary: Petitioner was adjudicated a dangerous sex offender in need of confinement to a secure treatment facility. Petitioner later exercised his annual right to petition for discharge under N.Y. Mental Hyg. Law 10 and commenced...

Alvarez v NYLL Mgt. Ltd.
Date: February 12, 2015
Citation: 2015 NY Slip Op 01303
Docket Number: 71 SSM 3
People v Diaz
Date: February 12, 2015
Citation: 2015 NY Slip Op 01302
Docket Number: 8
Matter of 155 W. 21st St., LLC v McMullan
Date: January 8, 2015
Citation: 2015 NY Slip Op 00228
Docket Number: 69 SSM 29
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