New York Court of Appeals Decisions

Browse Opinions From the New York Court of Appeals


Recent Decisions From the New York Court of Appeals

Connolly v. Long Island Power Authority  
Date: February 20, 2018
Citation: 2018 NY Slip Op 01148
Docket Numbers: 11, 12

Justia Opinion Summary: Defendants Long Island Power Authority (LIPA), Long Island Lighting Company (LILCO), and National Grid Electric Services, LLC failed to demonstrate that the actions challenged by Plaintiffs in their amended complaints we...

Cortlandt Street Recovery Corp. v. Bonderman  
Date: February 20, 2018
Citation: 2018 NY Slip Op 01149
Docket Number: 14

Justia Opinion Summary: An indenture may seek recovery on behalf of noteholders for Defendants’ alleged fraudulent redemptions intended to siphon off assets, leaving corporate obligators unable to pay the noteholders. Appellate Division denie...

Paramount Pictures Corp. v. Allianz Risk Transfer AG  
Date: February 20, 2018
Citation: 2018 NY Slip Op 01150
Docket Number: 16

Justia Opinion Summary: The claim brought by Paramount Pictures Corporation, the plaintiff in this suit, was barred by res judicata because it should have been asserted as a counterclaim in an action involving the same parties brought in federa...

Gerrish v 56 Leonard LLC
Date: February 20, 2018
Citation: 2018 NY Slip Op 01151
Docket Number: 72 SSM 38
People v. Wiggins  
Date: February 15, 2018
Citation: 2018 NY Slip Op 01111
Docket Number: 15

Justia Opinion Summary: The lengthy delay between Defendant’s arrest in this case and his eventual guilty plea violated his constitutional right to a speedy trial. Defendant was charged in an indictment with murder in the second degree and oth...

Aponte v Olatoye  
Date: February 15, 2018
Citation: 2018 NY Slip Op 01112
Docket Number: 5

Justia Opinion Summary: Aponte moved into his mother's one-bedroom New York City Housing Authority (NYCHA)-owned apartment and cared for her until she died in 2012. Two requests for Aponte to be granted permanent permission to live with his mot...

People v Reyes
Date: February 15, 2018
Citation: 2018 NY Slip Op 01113
Docket Number: 6
Lohnas v Luzi  
Date: February 15, 2018
Citation: 2018 NY Slip Op 01114
Docket Number: 7

Justia Opinion Summary: Plaintiff was treated for shoulder problems beginning in 1998; defendant performed her surgery in 1999. Post-operative visits followed during the next year. After her one-year appointment, plaintiff did not see defendant...

Dormitory Auth. of the State of N.Y. v Samson Constr. Co.
Date: February 15, 2018
Citation: 2018 NY Slip Op 01115
Docket Number: 8
Forman v. Henkin  
Date: February 13, 2018
Citation: 2018 NY Slip Op 01015
Docket Number: 1

Justia Opinion Summary: In this personal injury action, the Court of Appeals held that, for purposes of disclosure of materials from Plaintiff's Facebook account, the threshold inquiry was not whether the materials sought were private but wheth...

Kelly v. DiNapoli  
Date: February 13, 2018
Citation: 2018 NY Slip Op 01016
Docket Number: 2

Justia Opinion Summary: At issue was whether two first responders (together, Petitioners) established that they were entitled to accidental disability retirement benefits by demonstrating that they were incapacitated as the natural and proximat...

People v. Francis  
Date: February 13, 2018
Citation: 2018 NY Slip Op 01017
Docket Number: 4

Justia Opinion Summary: The State Board of Examiners of Sex Offenders (Board) may consider a defendant’s Youthful Offender (YO) adjudication for the limited public safety purpose of accurately assessing the offender’s risk to reoffend. Defend...

Matter of Kowal v DiNapoli
Date: February 13, 2018
Citation: 2018 NY Slip Op 01019
Docket Number: 55 SSM 1
People v McCain
Date: February 13, 2018
Citation: 2018 NY Slip Op 01018
Docket Number: 9
People v. O'Kane  
Date: February 8, 2018
Citation: 2018 NY Slip Op 00859
Docket Number: 17

Justia Opinion Summary: Defense counsel’s consent to verdict sheet annotations beyond those automatically permitted by N.Y. Crim. Proc. Law 310.20 did not deprive Defendant of meaningful representation. After a trial, the jury retuned a guilty...

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