New York Court of Appeals Decisions 2016
Date: December 22, 2016
Citation: 2016 NY Slip Op 08579
Docket Number: 196
Justia Opinion Summary: Anthony Turturro was attempting to cross Gerritsen Avenue in Brooklyn on his bicycle when he was struck by a vehicle driven by Louis Pascarella. A police investigation determined that Pascarella was traveling at a speed…
Date: December 22, 2016
Citation: 2016 NY Slip Op 08580
Docket Number: 197
Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal possession of a weapon in the second degree. Defendant was sentenced as a persistent violent felony offender to twenty years to life in prison. The Appellate…
Date: December 22, 2016
Citation: 2016 NY Slip Op 08581
Docket Number: 198
Justia Opinion Summary: Petitioner’s son was hit by a car while attempting to cross an intersection. Petitioner timely served notices of claim on the State, town, and county. Five months after the statutory period for serving a notice of claim…
Date: December 22, 2016
Citation: 2016 NY Slip Op 08582
Docket Number: 199
Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree burglary and robbery. Defendant appealed, arguing that the trial court erred by admitting subscriber information in prepaid cell phone records as nonhearsay…
Date: December 22, 2016
Citation: 2016 NY Slip Op 08583
Docket Number: 201
Justia Opinion Summary: Decedent, the wife of Plaintiff, was walking on a rural road when she was struck and killed by a vehicle driven by one of the Jamison defendants. Plaintiff brought this negligence action against the Jamison defendants…
Date: December 22, 2016
Citation: 2016 NY Slip Op 08585
Docket Number: 206
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of coercion in the first degree. The Appellate Division affirmed. Defendant appealed, arguing (1) the court, rather than the jury, made a factual determination…
Date: December 22, 2016
Citation: 2016 NY Slip Op 08586
Docket Number: 207
Justia Opinion Summary: Defendant, a dark-complexioned African-American male, was charged with one count of robbery in the first degree and two counts of robbery in the second decree. During voir dire, the prosecutor used a peremptory strike to…
Date: December 22, 2016
Citation: 2016 NY Slip Op 08587
Docket Number: 208
Justia Opinion Summary: After a jury trial, Defendant was found guilty of manslaughter in the first degree. Defendant appealed, arguing, inter alia, that the trial court erred by precluding defense counsel from questioning prospective jurors…
Date: December 20, 2016
Citation: 2016 NY Slip Op 08480
Docket Number: 172
Justia Opinion Summary: Plaintiff was a corporation owned by two of the original members of The Turtles, a band most famous for its song “Happy Together.” Plaintiff controlled the master recordings of approximately 100 Turtles songs recorded…
Date: December 20, 2016
Citation: 2016 NY Slip Op 08481
Docket Number: 191
Justia Opinion Summary: Plaintiffs were affiliated commercial entities that sought to enforce the auction sale of a syndicated loan against Bank. When Bank accepted Plaintiffs’ bid and then refused to transfer the loan, Plaintiffs brought this…
Date: December 20, 2016
Citation: 2016 NY Slip Op 08482
Docket Numbers: 193, 194, 195
Justia Opinion Summary: In each of these three appeals, Defendants moved to dismiss the accusatory instrument on speedy trial grounds, asserting that the People’s off-calendar statements of readiness were illusory because the People were not,…
Date: December 20, 2016
Citation: 2016 NY Slip Op 08483
Docket Number: 202
Justia Opinion Summary: Defendant was identified as a suspect in several gunpoint robberies and was included in lineup identification procedures. Defendant moved to suppress the identification procedures, arguing that the lineups were unduly…
Date: December 20, 2016
Citation: 2016 NY Slip Op 08484
Docket Number: 204
Justia Opinion Summary: Defendant was charged with murder in the second degree and other crimes. On the second day of deliberations, the jury sent out a note stating that it was deadlocked. The trial court proceeded by repeating its final…
Date: December 20, 2016
Citation: 2016 NY Slip Op 08485
Docket Number: 205
Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the second degree and assault in the second degree. The Appellate Division affirmed, concluding, as relevant to this appeal, that defense counsel was not…
Date: December 20, 2016
Citation: 2016 NY Slip Op 08486
Docket Number: 230 SSM 28
Date: December 20, 2016
Citation: 2016 NY Slip Op 08487
Docket Number: 231 SSM 32
Date: December 20, 2016
Citation: 2016 NY Slip Op 08489
Docket Number: 233 SSM 39
Date: December 15, 2016
Citation: 2016 NY Slip Op 08395
Docket Number: 192
Date: November 22, 2016
Citation: 2016 NY Slip Op 07831
Docket Number: 166
Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of attempted robbery and one count of robbery, among other offenses. The trial court directed the sentence for each attempted robbery count was to run…
Date: November 22, 2016
Citation: 2016 NY Slip Op 07833
Docket Number: 177
Date: November 22, 2016
Citation: 2016 NY Slip Op 07834
Docket Number: 180
Justia Opinion Summary: Plaintiffs sued Defendants in a New York state court for concealing ill-gotten money from a scheme orchestrated by three of Plaintiff’s employees. Defendants moved to dismiss the complaint for lack of personal…
Date: November 22, 2016
Citation: 2016 NY Slip Op 07835
Docket Number: 182
Justia Opinion Summary: In 2013, the Orange County Department of General Services issued a request for proposals (RFP) from companies to provide transportation of children receiving preschool special education services in three transportation…
Date: November 22, 2016
Citation: 2016 NY Slip Op 07836
Docket Number: 186
Justia Opinion Summary: Defendant was arrested after striking a marked New York City police vehicle. After he was arrested, Defendant consented to a breathalyzer test, which resulted in a reading below the 0.08 minimum required for a per se…
Date: November 21, 2016
Citation: 2016 NY Slip Op 07817
Docket Number: 168
Justia Opinion Summary: Claimant, a former police officer employed by the City of Buffalo, alleged that exposure to asbestos occurred during his employment, later leading to his diagnosis of mesothelioma. Claimant and his wife commenced this…
Date: November 21, 2016
Citation: 2016 NY Slip Op 07818
Docket Number: 169
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of murder in the first degree and one count each of burglary in the first degree and robbery in the first degree. The Appellate Division modified by reversing…
Date: November 21, 2016
Citation: 2016 NY Slip Op 07819
Docket Number: 171
Justia Opinion Summary: At issue in this case was the constitutionality of a Syracuse noise ordinance that prohibits the creation of “unnecessary noise” emanating beyond fifty feet from a motor vehicle operated on a public highway. Defendant…
Date: November 21, 2016
Citation: 2016 NY Slip Op 07821
Docket Number: 179
Date: November 21, 2016
Citation: 2016 NY Slip Op 07823
Docket Number: 225 SSM 29
Date: November 17, 2016
Citation: 2016 NY Slip Op 07703
Docket Number: 174
Date: November 17, 2016
Citation: 2016 NY Slip Op 07704
Docket Number: 175
Justia Opinion Summary: After a jury trial, Defendant was found guilty of charges relating to his sexual abuse of two minor girls. Defendant appealed, arguing that the trial court abused its discretion by allowing the People to elicit evidence…
Date: November 17, 2016
Citation: 2016 NY Slip Op 07705
Docket Number: 183
Justia Opinion Summary: Mother retained counsel to represent her in her efforts to obtain child support from Father. The support magistrate entered a support order against Father in the amount of $236 per week. A different magistrate…
Date: November 17, 2016
Citation: 2016 NY Slip Op 07707
Docket Number: 223 SSM 34
Date: November 1, 2016
Citation: 2016 NY Slip Op 07104
Docket Number: 133
Justia Opinion Summary: Defendant was charged with violating N.Y. Penal Law 265.01(1), which lists a number of per se weapons, the mere possession of which renders a defendant guilty of criminal possession of a weapon in the fourth degree.…
Date: November 1, 2016
Citation: 2016 NY Slip Op 07105
Docket Number: 134
Justia Opinion Summary: Defendant was charged with one count of criminal possession of a weapon in violation of N.Y. Penal Law 265.01(1). Defendant moved to dismiss the accusatory instrument, which alleged that a police officer observed…
Date: November 1, 2016
Citation: 2016 NY Slip Op 07106
Docket Numbers: 149, 150
Justia Opinion Summary: In People v. Catu, the Court of Appeals held that a court accepting a guilty plea from a defendant must ensure that a defendant is aware of the postrelease supervision (PRS) component of his sentence. In these two…
Date: November 1, 2016
Citation: 2016 NY Slip Op 07108
Docket Number: 156
Justia Opinion Summary: Defendant was indicted on one course of sexual conduct in the first degree for acts committed when he sexually assaulted AM, the seven-year-old daughter of his former lover. Defendant was charged after AM disclosed the…
Date: November 1, 2016
Citation: 2016 NY Slip Op 07109
Docket Number: 159
Justia Opinion Summary: Prior to Defendant’s criminal trial, he moved to suppress a spontaneous postdetention statement to the police. The trial court denied the motion. After Defendant’s direct testimony, the court granted the prosecutor’s…
Date: November 1, 2016
Citation: 2016 NY Slip Op 07110
Docket Numbers: 160, 161
Justia Opinion Summary: Defendant was charged with multiple criminal accounts stemming from the deaths of two people after Defendant drove the wrong way on an interstate while operating his car under the influence. The court found Defendant…
Date: October 27, 2016
Citation: 2016 NY Slip Op 07043
Docket Numbers: 136, 137, 138, 139, 140, 141, 142, 143
Justia Opinion Summary: The question underlying these proceedings was whether the State must consider and pay claims submitted after the effective date of the legislative deadline for pre-2006 reimbursement claims set forth in Section 61 of the…
Date: October 27, 2016
Citation: 2016 NY Slip Op 07044
Docket Numbers: 145, 145
Justia Opinion Summary: In 2005, a grand jury charged the perpetrator of a 1998 crime by “DNA indictment.” In 2011, while questioning Defendant concerning an unrelated crime, investigators recovered Defendant’s DNA from a cigarette butt. The…
Date: October 27, 2016
Citation: 2016 NY Slip Op 07045
Docket Number: 146
Justia Opinion Summary: Respondent was riding his bicycle against the flow of traffic on a one-way street when officers stopped him. Respondent told the officers he was sixteen years old. The police arrested Respondent and transported him to…
Date: October 27, 2016
Citation: 2016 NY Slip Op 07046
Docket Number: 148
Date: October 27, 2016
Citation: 2016 NY Slip Op 07047
Docket Number: 155
Justia Opinion Summary: New York’s champerty law prohibits the purchase of notes, securities, or other instruments or claims with the intent and for the primary purpose of bringing a lawsuit. Appellant brought this action against Respondents…
Date: October 27, 2016
Citation: 2016 NY Slip Op 07048
Docket Number: 163
Justia Opinion Summary: This personal injury action resulted from a physical altercation between Plaintiff and Defendant. The jury rendered a verdict that Defendant battered Plaintiff by striking him with a bat but that Defendant acted in…
Date: October 25, 2016
Citation: 2016 NY Slip Op 06938
Docket Number: 127
Justia Opinion Summary: After a jury trial, Defendant was convicted of rape in the first degree and criminal sexual act in the first degree. Defendant filed a pre-trial motion under N.Y. Crim. Proc. Law (CPL) 30.30 to dismiss the indictment on…
Date: October 25, 2016
Citation: 2016 NY Slip Op 06939
Docket Number: 128
Justia Opinion Summary: Almost nine months after Defendant’s indictment, the People began a DNA analysis of an object three of their witnesses claimed Defendant possessed. Defendant later moved to dismiss the indictment under N.Y. Crim. Proc.…
Date: October 25, 2016
Citation: 2016 NY Slip Op 06940
Docket Number: 130
Date: October 25, 2016
Citation: 2016 NY Slip Op 06941
Docket Number: 131
Justia Opinion Summary: Three Amigos SJL Restaurant Inc., a strip club, brought a defamation action against CBS Broadcasting Inc. and several of its reporters for broadcasting and publishing allegedly false stories about the club’s connection…
Date: October 25, 2016
Citation: 2016 NY Slip Op 06942
Docket Number: 147
Justia Opinion Summary: After a trial, Defendant was convicted of, among other crimes, attempted murder in the second degree. The Appellate Division reversed the part of the judgment convicting Defendant of attempted murder in the second…
Date: October 25, 2016
Citation: 2016 NY Slip Op 06943
Docket Number: 152
Justia Opinion Summary: A hearing officer found Petitioner, a prison inmate, guilty of violating two prison disciplinary rules and imposed penalty of twelve months’ punitive confinement in a special housing unit. The Department of Corrections…
Date: October 25, 2016
Citation: 2016 NY Slip Op 06944
Docket Number: 153
Justia Opinion Summary: Plaintiff claimed that, while he was being held at the Erie County Correctional Facility, he was sexually assaulted twice by an inmate. Plaintiff filed this action alleging that the Erie County Sheriff breached a duty to…
Date: October 25, 2016
Citation: 2016 NY Slip Op 06946
Docket Number: 158
Date: October 25, 2016
Citation: 2016 NY Slip Op 06947
Docket Number: 220 SSM 22
Date: October 25, 2016
Citation: 2016 NY Slip Op 06948
Docket Number: 221 SSM 27
Date: October 20, 2016
Citation: 2016 NY Slip Op 06853
Docket Number: 129
Justia Opinion Summary: Defendant filed a motion to dismiss the indictment pursuant to N.Y. Crim. Proc. Law (CPL) 30.30, alleging that he was denied his statutory right to a speedy trial. Supreme Court denied Defendant’s motion without holding…
Date: October 20, 2016
Citation: 2016 NY Slip Op 06854
Docket Number: 132
Date: October 20, 2016
Citation: 2016 NY Slip Op 06855
Docket Number: 135
Justia Opinion Summary: The State Commission on Judicial Conduct sustained six charges of misconduct against Petitioner and recommended that he be removed from his judicial offices. Petitioner sought review, conceding his misconduct but…
Date: September 15, 2016
Citation: 2016 NY Slip Op 06012
Docket Number: 214 SSM 17
Date: September 15, 2016
Citation: 2016 NY Slip Op 06011
Docket Number: 215 SSM 14
Date: September 13, 2016
Citation: 2016 NY Slip Op 05964
Docket Number: 213 SSM 21
Date: August 30, 2016
Citation: 2016 NY Slip Op 05903
Docket Numbers: 91, 92
Justia Opinion Summary: At issue before the Court of Appeals in these two consolidated cases was the continued validity of the rule promulgated in Alison D. v. Virginia M., which states that, in an unmarried couple, a partner without a…
Date: August 25, 2016
Citation: 2016 NY Slip Op 05884
Docket Number: 189 SSM 15
Date: August 23, 2016
Citation: 2016 NY Slip Op 05842
Docket Number: 187
Justia Opinion Summary: Steven Glickman, a candidate for the office of New York State Senator, filed a petition seeking an order validating designating petitions naming him as a candidate in the September 13, 2016 Primary Election. Three…
Date: July 5, 2016
Citation: 2016 NY Slip Op 05330
Docket Numbers: 106, 107, 108
Justia Opinion Summary: The three respondents in these cases had been diagnosed with antisocial personality disorder (ASPD) and other conditions, diseases, and/or disorders. The State brought Mental Hygiene Law article 10 proceedings against…
Date: June 30, 2016
Citation: 2016 NY Slip Op 05179
Docket Number: 112
Justia Opinion Summary: Plaintiff filed an action alleging that Defendants committed fraud and negligence when performing and evaluating a random drug test that Plaintiff was required to take as an airline pilot. The United States Court of…
Date: June 30, 2016
Citation: 2016 NY Slip Op 05182
Docket Number: 119
Justia Opinion Summary: Janice Mazella (Plaintiff) filed this medical malpractice and wrongful death action against Dr. William Beals (Defendant), alleging that Defendant’s substandard medical treatment of her husband proximately caused his…
Date: June 28, 2016
Citation: 2016 NY Slip Op 05061
Docket Numbers: 109, 110, 111
Justia Opinion Summary: In these three consolidated appeals, the Court of Appeals considered whether the trial courts abused their discretion in precluding cross-examination into allegations of a law enforcement officer’s prior misconduct made…
Date: June 28, 2016
Citation: 2016 NY Slip Op 05062
Docket Number: 113
Justia Opinion Summary: Defendant pleaded guilty to incest in the third degree. Prior to Defendant’s release from incarceration, the Board of Examiners of Sex Offenders recommended that Defendant be classified as risk level three sex offender.…
Date: June 28, 2016
Citation: 2016 NY Slip Op 05063
Docket Number: 83
Justia Opinion Summary: Starting during World War II, Crane sold valves to the Navy for use in high-pressure, high-temperature steam pipe systems. Crane's valves did not contain asbestos, but could not practically function in such systems…
Date: June 28, 2016
Citation: 2016 NY Slip Op 05064
Docket Number: 85
Date: June 23, 2016
Citation: 2016 NY Slip Op 04973
Docket Numbers: 103, 104
Justia Opinion Summary: Defendants in these two cases were convicted of criminal offenses in local courts. The courts were not designated by law as a court of record and did not have a court stenographer present during the proceedings.…
Date: June 23, 2016
Citation: 2016 NY Slip Op 04974
Docket Number: 114
Justia Opinion Summary: The case stemmed from a dispute over property subject to the terms of a will executed by a now-deceased member of the Tonawanda Seneca Nation (the Nation). Judge Robert Noonan, a county court and surrogate’s court judge,…
Date: June 23, 2016
Citation: 2016 NY Slip Op 04975
Docket Number: 116
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of criminal possession of a controlled substance in the third degree. The county court sentenced Defendant, as a second felony offender, to concurrent terms of…
Date: June 23, 2016
Citation: 2016 NY Slip Op 04976
Docket Number: 50
Date: June 14, 2016
Citation: 2016 NY Slip Op 04655
Docket Number: 87
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree robbery and sentenced to a twenty-year term of imprisonment. The Appellate Division unanimously affirmed, finding a majority of Defendant’s challenges on appeal…
Date: June 14, 2016
Citation: 2016 NY Slip Op 04656
Docket Number: 94
Justia Opinion Summary: Defendant was arrested after police officers found him in an apartment with three children and loose crack cocaine on a cabinet shelf. After a jury trial, Defendant was found guilty of three counts of unlawfully dealing…
Date: June 14, 2016
Citation: 2016 NY Slip Op 04657
Docket Number: 96
Date: June 14, 2016
Citation: 2016 NY Slip Op 04658
Docket Number: 97
Justia Opinion Summary: Luz Herrera was injured in an accident while operating a vehicle insured by Hanover Insurance Company, a no-fault insurer. Herrera also had private health insurance through Aetna Health Plan. Herrera received medical…
Date: June 14, 2016
Citation: 2016 NY Slip Op 04659
Docket Number: 98
Justia Opinion Summary: Defendant was indicted on charges of identity theft in the first degree, criminal possession of stolen property in the fourth degree, and theft of services. At several court appearances, the People requested…
Date: June 9, 2016
Citation: 2016 NY Slip Op 04438
Docket Number: 77
Justia Opinion Summary: The owner commenced tax certiorari proceedings against the City of Rye, challenging assessments for tax years 2002-2010. for Lot 9 and Lot 10. Lot 10 is within the Rye City School District. Lot 9, which the owner…
Date: June 9, 2016
Citation: 2016 NY Slip Op 04439
Docket Number: 80
Justia Opinion Summary: Ambac guaranteed payments on residential mortgage-backed securities issued by Countrywide. When those securities failed during the financial crisis, Ambac sued, alleging fraud. Ambac named Bank of America (BoA) as a…
Date: June 9, 2016
Citation: 2016 NY Slip Op 04440
Docket Number: 88
Justia Opinion Summary: In 2008, defendant was charged with attempted rape and was represented by his first attorney. Defendant retained his second attorney, Long, in 2009. Long represented defendant throughout a significant portion of the pre-…
Date: June 9, 2016
Citation: 2016 NY Slip Op 04442
Docket Number: 93
Justia Opinion Summary: Mother commenced divorce proceedings, seeking full custody of the couple’s two minor children. Father subsequently sought temporary sole legal custody of the children, alleging that he feared for their safety based…
Date: June 9, 2016
Citation: 2016 NY Slip Op 04443
Docket Number: 95
Justia Opinion Summary: Plaintiff was born prematurely by emergency cesarean section at New York City Health and Hospitals Corp. (HHC) in June 2005. He was transferred to the neonatal intensive care unit and discharged in stable condition in…
Date: June 7, 2016
Citation: 2016 NY Slip Op 04321
Docket Number: 74
Justia Opinion Summary: Defendant was charged with gang assault in the first degree. Subsequently at trial, the court polled the jury and accepted the verdict without responding to the notes sent during recess or inquiring whether the jurors…
Date: June 7, 2016
Citation: 2016 NY Slip Op 04322
Docket Number: 76
Justia Opinion Summary: Defendant appealed his conviction for two counts of burglary in the second degree. The court rejected defendant's claim that his trial attorney was ineffective where the record on direct appeal is devoid of any…
Date: June 7, 2016
Citation: 2016 NY Slip Op 04325
Docket Number: 82
Justia Opinion Summary: The Appellate Division rejected the contention that consecutive commitments were not authorized by Family Court Act 454 (3) and concluded that "[g]iven the father's failure to contest the amounts due and his willful…
Date: June 2, 2016
Citation: 2016 NY Slip Op 04254
Docket Number: 125 SSM 12
Date: June 2, 2016
Citation: 2016 NY Slip Op 04249
Docket Number: 5
Date: June 2, 2016
Citation: 2016 NY Slip Op 04250
Docket Number: 69
Justia Opinion Summary: Defendant pleaded guilty to grand larceny in the third degree. At the plea proceeding, County Court accepted defendant's plea, adjudicated him a second felony offender, and set a sentencing date. At issue is whether a…
Date: June 2, 2016
Citation: 2016 NY Slip Op 04251
Docket Number: 75
Date: June 2, 2016
Citation: 2016 NY Slip Op 04253
Docket Number: 90
Justia Opinion Summary: The Attorney General filed suit against defendants, two former officers of AIG, under the Martin Act, Gen. Bus. Law art. 23-A, and Executive Law 63(12). On appeal, defendants challenged the availability of equitable…
Date: May 10, 2016
Citation: 2016 NY Slip Op 03646
Docket Numbers: 52, 53
Justia Opinion Summary: In Matter of Maron v. Silver, the Supreme Court concluded that the Legislature’s and Governor’s practice of directly and explicitly tying consideration of judicial compensation to unrelated policy initiatives - called…
Date: May 10, 2016
Citation: 2016 NY Slip Op 03647
Docket Number: 55
Date: May 10, 2016
Citation: 2016 NY Slip Op 03648
Docket Number: 57
Justia Opinion Summary: A condominium board commenced a foreclosure action on a condominium unit to recover unpaid common charges owed by the previous unit owner. Two mortgages were consolidated into a single mortgage lien years before the…
Date: May 10, 2016
Citation: 2016 NY Slip Op 03649
Docket Number: 58
Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted murder and two counts of assault in the first degree. Defendant, who was fifteen years old at the time of the crime, challenged the judgment of conviction on…
Date: May 10, 2016
Citation: 2016 NY Slip Op 03650
Docket Number: 63
Justia Opinion Summary: In 1996, New York State Racing and Wagering Board (the Racing Board) reduced per diem wages for its seasonal employees by twenty-five percent. The Public Employees Federation (PEF) filed an improper practice charge with…
Date: May 10, 2016
Citation: 2016 NY Slip Op 03651
Docket Number: 68
Justia Opinion Summary: Defendant pleaded guilty to attempted assault in the first degree and attempted arson in the third degree. After a hearing held before a Judicial Hearing Officer (JHO), the JHO concluded that Defendant should be required…
Date: May 5, 2016
Citation: 2016 NY Slip Op 03543
Docket Number: 38
Justia Opinion Summary: The Glidden Company - now known as Akzo Nobel Paints LLC (ANP) - made, marketed, and sold lead paint. Based on a 1986 purchase agreement, Millennium Holdings LLC, which Appellant insurance companies insured, and its…
Date: May 5, 2016
Citation: 2016 NY Slip Op 03544
Docket Number: 49
Justia Opinion Summary: Petitioner applied for the partial ten-year exemption for certain improvements made to real property - known as the business investment exemption - in 2008. After the city assessor valued Petitioner’s property,…
Date: May 5, 2016
Citation: 2016 NY Slip Op 03545
Docket Number: 54
Justia Opinion Summary: In 2012, Defendant Kenneth Cole proposed a going-private merger of Kenneth Cole Productions, Inc. that was subject to approval by both a special committee of independent directors and a majority of the minority…
Date: May 5, 2016
Citation: 2016 NY Slip Op 03546
Docket Number: 56
Date: May 5, 2016
Citation: 2016 NY Slip Op 03547
Docket Numbers: 60, 61
Justia Opinion Summary: Andre Harrison pleaded guilty to a criminal offense. Harrison moved to vacate the judgment, alleging that his attorney gave him erroneous advice about the immigration consequences of his guilty plea. Supreme Court denied…
Date: May 5, 2016
Citation: 2016 NY Slip Op 03548
Docket Number: 64
Justia Opinion Summary: Google Inc. and On2 Technologies, Inc. entered into a merger agreement in 2009. Thereafter, Plaintiff brought a class action on behalf of himself and other similarly situated On2 shareholders, alleging that On2’s board…
Date: May 3, 2016
Citation: 2016 NY Slip Op 03411
Docket Number: 1
Justia Opinion Summary: Plaintiff was diagnosed with peritoneal mesothelioma years after his exposure to asbestos while replacing asbestos-containing parts on Ford tractors and passenger vehicles. Plaintiff and his wife commenced this action…
Date: May 3, 2016
Citation: 2016 NY Slip Op 03412
Docket Number: 48
Justia Opinion Summary: The underlying federal action involved a dispute between General Motors LLC (GM), a franchisor and Chevrolet car manufacturer, and Beck Chevrolet Co., Inc., an automobile dealership with a Chevrolet franchise. Beck sued…
Date: May 3, 2016
Citation: 2016 NY Slip Op 03413
Docket Number: 59
Justia Opinion Summary: At issue in this case was whether two companies (the Insureds) were entitled to coverage under additional excess policies issued to their predecessor by the Excess Insurers and, if so, how indemnity should be allocated…
Date: May 3, 2016
Citation: 2016 NY Slip Op 03415
Docket Number: 65
Justia Opinion Summary: Defendant was convicted for the assault and unlawful imprisonment of an eight-year-old boy during which he caused serious physical injury to the child with a dangerous instrument. Defendant was required to register as a…
Date: May 3, 2016
Citation: 2016 NY Slip Op 03417
Docket Number: 99
Justia Opinion Summary: When Defendant was arrested he possessed a folding utility knife. After a jury trial, Defendant was found guilty of criminal possession of a weapon in the third degree. Defendant appealed, arguing that the People were…
Date: April 28, 2016
Citation: 2016 NY Slip Op 03213
Docket Number: 121 SSM 6
Date: April 28, 2016
Citation: 2016 NY Slip Op 03208
Docket Number: 29
Justia Opinion Summary: After a trial, Defendant was convicted of criminal possession of a weapon in the second degree and menacing in the second degree. Defendant appealed, arguing that the trial court violated his constitutional right to…
Date: April 5, 2016
Citation: 2016 NY Slip Op 02550
Docket Number: 35
Justia Opinion Summary: In 1982, New York City adopted lead abatement legislation that imposes a duty on landlords to remove lead-based pain in any dwelling in which a child aged six years old or younger “resides.” Plaintiff commenced this…
Date: April 5, 2016
Citation: 2016 NY Slip Op 02551
Docket Number: 36
Justia Opinion Summary: Defendant pleaded guilty to criminal sale of a controlled substance in the third degree. At sentencing, Supreme Court noted that Defendant had failed to abide by the conditions of his plea agreement when he committed a…
Date: April 5, 2016
Citation: 2016 NY Slip Op 02552
Docket Number: 37
Justia Opinion Summary: Defendant was arrested on robbery charges and remanded to Rikers Island Correctional Facility. Following procedures laid out in an Operations Order and through the use of a subpoena duces tecum, the People acquired from…
Date: April 5, 2016
Citation: 2016 NY Slip Op 02553
Docket Number: 41
Justia Opinion Summary: After achieving tenure at Food and Finance High School, Petitioner voluntarily resigned from his teaching position. Petitioner was later hired as a teacher at Wadleigh Secondary School for the Performing and Visual arts.…
Date: April 5, 2016
Citation: 2016 NY Slip Op 02554
Docket Number: 45
Justia Opinion Summary: Defendant was charged with the shootings of Mark Maldanado and Leo Walton. The jury found Defendant guilty of murder in the second degree for Walton’s death and assault in the first degree for the shooting of Maldanado.…
Date: April 5, 2016
Citation: 2016 NY Slip Op 02555
Docket Number: 47
Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder in the first degree and related crimes. Defendant appealed, arguing that the trial court erred in precluding him from presenting third-party culpability evidence.…
Date: April 5, 2016
Citation: 2016 NY Slip Op 02556
Docket Number: 71
Justia Opinion Summary: Defendant was charged with assault in the second degree and endangering the welfare of a child. The trial court allowed a recording to be admitted into evidence that the child’s father made on his cellphone in which…
Date: March 31, 2016
Citation: 2016 NY Slip Op 02473
Docket Number: 27
Justia Opinion Summary: Defendant, Avanguard Medical Group, PLLC was accredited by the State of New York as a facility for the provision of office-based surgery (OBS). Plaintiffs (collectively, GEICO) commenced this action for a declaratory…
Date: March 31, 2016
Citation: 2016 NY Slip Op 02474
Docket Number: 28
Justia Opinion Summary: Hiroaki (Rocky) Aoki, the founder of the Benihana restaurant chain, formed the Benihana Protective Trust (BPT) in 1998 to hold stock and assets relating to Benihana. In 2002, Rocky married Keiko Aoki. In September 2002,…
Date: March 31, 2016
Citation: 2016 NY Slip Op 02476
Docket Number: 32
Justia Opinion Summary: Defendant was charged with murder. Defendant filed a motion to suppress his initial statement made to a police detective, as well as a statement he made after a forty-five-minute break, on the grounds that the detective…
Date: March 31, 2016
Citation: 2016 NY Slip Op 02477
Docket Number: 43
Justia Opinion Summary: Ranco Sand and Stone Corporation, the owner of two parcels of contiguous property in an area zoned for residential use, applied to rezone one parcel to heavy industrial use. The Town of Smithtown’s Planning Board, acting…
Date: March 31, 2016
Citation: 2016 NY Slip Op 02478
Docket Number: 44
Justia Opinion Summary: While the decedent in this case was being treated in the emergency room of The New York and Presbyterian Hospital (Hospital), employees of ABC News, a division of American Broadcasting Companies, Inc. (ABC), filmed the…
Date: March 31, 2016
Citation: 2016 NY Slip Op 02479
Docket Number: 46
Justia Opinion Summary: In 2013, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) announced the adoption of a regulation prohibiting smoking in each state park located in New York City, as well as other…
Date: March 29, 2016
Citation: 2016 NY Slip Op 02278
Docket Number: 10
Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary in the first degree. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) the trial court did not commit a mode of proceedings error when it…
Date: March 29, 2016
Citation: 2016 NY Slip Op 02279
Docket Number: 11
Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the second degree and rape in the first degree. On one of Defendant’s N.Y. Crim. Proc. Law 440.10 motions, the Appellate Division vacated the judgment of…
Date: March 29, 2016
Citation: 2016 NY Slip Op 02280
Docket Number: 23
Date: March 29, 2016
Citation: 2016 NY Slip Op 02281
Docket Number: 24
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree gang assault and fourth-degree weapons possession and sentenced to an aggregate term of sixteen years in prison. Defendant appealed, arguing that the admission…
Date: March 29, 2016
Citation: 2016 NY Slip Op 02282
Docket Number: 25
Justia Opinion Summary: After a joint trial, Defendant was found guilty of robbery in the second degree, petit larceny, menacing in the second degree, and possession or use of an imitation pistol or revolver. Defendant appealed, arguing that…
Date: March 29, 2016
Citation: 2016 NY Slip Op 02283
Docket Number: 26
Justia Opinion Summary: Defendant was found guilty of murder in the second degree, attempted murder in the second degree, and related charges. The Appellate Division reversed the judgment and ordered a new trial. At the second trial, a witness…
Date: March 24, 2016
Citation: 2016 NY Slip Op 02125
Docket Number: 101 SSM 3
Date: March 24, 2016
Citation: 2016 NY Slip Op 02121
Docket Number: 34
Date: March 24, 2016
Citation: 2016 NY Slip Op 02122
Docket Number: 39
Justia Opinion Summary: Petitioner maintained a large outdoor advertising sign on the sign of its building that was grandfathered in as a legal, non-conforming use. In 2008, the building and the sign were demolished. Petitioner applied with the…
Date: February 23, 2016
Citation: 2016 NY Slip Op 01254
Docket Number: 21
Justia Opinion Summary: In 2003, Plaintiff was charged with two counts of murder in the second degree. In 2007, Supreme Court dismissed the charges. Plaintiff subsequently commenced two civil rights actions by filing complaints against the City…
Date: February 23, 2016
Citation: 2016 NY Slip Op 01255
Docket Number: 22
Justia Opinion Summary: Defendant was treated at Hospital for a gunshot wounds. Hospital reported the shooting to the police. By the time Defendant spoke to an officer, Defendant was wearing hospital clothing. The officer subsequently seized…
Date: February 18, 2016
Citation: 2016 NY Slip Op 01204
Docket Number: 13
Justia Opinion Summary: After a jury trial, Defendant was found guilty of course of sexual conduct against a child in the first degree and endangering the welfare of a child. The Appellate Division affirmed the judgment. Defendant filed a…
Date: February 18, 2016
Citation: 2016 NY Slip Op 01205
Docket Number: 14
Justia Opinion Summary: After a jury trial, Defendant, a Chinese immigrant, was found guilty of murder, burglary and attempted robbery. The Appellate Division affirmed the judgment. Defendant appealed, arguing (1) his confession to law…
Date: February 18, 2016
Citation: 2016 NY Slip Op 01206
Docket Number: 17
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of course of sexual conduct against a child in the first degree. Defendant appealed, arguing that the trial court committed reversible error by admitting rebuttal…
Date: February 18, 2016
Citation: 2016 NY Slip Op 01207
Docket Number: 18
Justia Opinion Summary: After a nonjury trial, Defendant was convicted of criminal possession of a controlled substance in the third and fourth degrees. In handing down its verdict, Supreme Court indicated that the presumption set forth in N.Y.…
Date: February 18, 2016
Citation: 2016 NY Slip Op 01208
Docket Number: 2
Justia Opinion Summary: Defendant pleaded guilty to criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree. Supreme Court imposed two concurrent six-month terms of…
Date: February 18, 2016
Citation: 2016 NY Slip Op 01210
Docket Number: 73 SSM 2
Date: February 18, 2016
Citation: 2016 NY Slip Op 01209
Docket Number: 8
Justia Opinion Summary: At issue in this appeal was whether the parties’ disputes pertaining to certain workers’ compensation insurance payment agreements should be submitted to arbitration. To resolve this issue, the Court of Appeals was…
Date: February 11, 2016
Citation: 2016 NY Slip Op 00997
Docket Number: 16
Justia Opinion Summary: In 2010, Defendant was convicted of two counts of the class B violent felony of robbery in the first degree. The People recommended that the court treat Defendant as a second violent felony offender based on a 1994…
Date: February 11, 2016
Citation: 2016 NY Slip Op 00998
Docket Number: 19
Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal possession of a weapon in the second degree and resisting arrest. Robert Fisher, an attorney employed by New York County Defender Services (NYCDS), was assigned to…
Date: February 11, 2016
Citation: 2016 NY Slip Op 00999
Docket Number: 20
Date: February 11, 2016
Citation: 2016 NY Slip Op 01000
Docket Number: 3
Justia Opinion Summary: Plaintiff was born in 1992 with severe mental and physical difficulties. In 2008, Plaintiff commenced this personal injury action against BMW of North America, LLC and related BMW entities (collectively, Defendants),…
Date: February 11, 2016
Citation: 2016 NY Slip Op 01001
Docket Number: 4
Justia Opinion Summary: In 2002, Plaintiffs commenced a proposed class action civil rights suit against the County of Rensselaer. The County invoked Selective Insurance Company’s duty to provide a defense under the policies that the company…
Date: February 11, 2016
Citation: 2016 NY Slip Op 01002
Docket Number: 7
Justia Opinion Summary: Plaintiff claimed that he fell and was injured while walking on a New York City public sidewalk. Plaintiff brought this negligence action against West River Associates, LLC and Sandy and Rhina Mercado. Plaintiff…
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