New York Court of Appeals Decisions

Browse Opinions From the New York Court of Appeals


Recent Decisions From the New York Court of Appeals

Matter of Nonhuman Rights Project, Inc. v Lavery
Date: May 8, 2018
Citation: 2018 NY Slip Op 03309
Docket Number: 2018-268
Matter of Marine Holdings, LLC v New York City Commn. on Human Rights
Date: May 8, 2018
Citation: 2018 NY Slip Op 03303
Docket Number: 45
People v. Kuzdzal  
Date: May 8, 2018
Citation: 2018 NY Slip Op 03304
Docket Number: 48

Justia Opinion Summary: At issue was whether the trial court abused its discretion in this criminal case when it chose not to conduct an inquiry of two sworn jurors pursuant to People v. Buford, 69 N.Y.2d 290 (1987). The trial court elicited...

People v. Wallace  
Date: May 8, 2018
Citation: 2018 NY Slip Op 03305
Docket Number: 49

Justia Opinion Summary: The “place of business” exception to N.Y. Penal Law 265.03(3) narrowly encompasses a person’s “place of business,” when such person is a merchant, storekeeper, or principal operator of a like establishment. Defendant wa...

People v. Cummings  
Date: May 8, 2018
Citation: 2018 NY Slip Op 03306
Docket Number: 50

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division affirming the trial court’s decision to admit a statement, heard in the background of a 911 call and spoken by an unidentified person, under the excited u...

Matter of Cicale
Date: May 8, 2018
Citation: 2018 NY Slip Op 03307
Docket Number: 91
Matter of Astacio
Date: May 8, 2018
Citation: 2018 NY Slip Op 03308
Docket Number: 92
E.J. Brooks Co. v. Cambridge Security Seals  
Date: May 3, 2018
Citation: 2018 NY Slip Op 03171
Docket Number: 26

Justia Opinion Summary: Under New York law, a plaintiff asserting claims of misappropriation of a trade secret, unfair competition, and unjust enrichment may not recover damages that are measured by the costs the defendant avoided due to its un...

People v. Roberts  
Date: May 3, 2018
Citation: 2018 NY Slip Op 03172
Docket Number: 42

Justia Opinion Summary: In these consolidated appeals involving Appellants’ convictions for identity theft, the Court of Appeals held (1) the law defines the use of personal identifying information of another as one of the express means by whic...

People v. Odum  
Date: May 3, 2018
Citation: 2018 NY Slip Op 03173
Docket Number: 46

Justia Opinion Summary: At issue was whether the Criminal Court properly suppressed Defendant’s breathalyzer test results on the grounds that Defendant’s consent, given in response to “inappropriate warnings,” was involuntary. Criminal Court...

People v. Aleynikov  
Date: May 3, 2018
Citation: 2018 NY Slip Op 03174
Docket Number: 47

Justia Opinion Summary: A statute that criminalizes the making of a tangible reproduction or representation of secret scientific material by electronically copying or recording applies to the acts of a defendant who uploads proprietary source c...

Matter of O'Connor
Date: May 3, 2018
Citation: 2018 NY Slip Op 03175
Docket Number: 90
Contact Chiropractic, P.C. v. New York City Transit Authority  
Date: May 1, 2018
Citation: 2018 NY Slip Op 03093
Docket Number: 39

Justia Opinion Summary: The three-year statute of limitations set forth in N.Y. C.P.L.R. 214(2) applies to no-fault claims against a self-insurer. Girtha Butler sustained personal injuries in a motor vehicle accident involving a New York City...

FMC Corp. v. New York State Department of Environmental Conservation  
Date: May 1, 2018
Citation: 2018 NY Slip Op 03094
Docket Number: 41

Justia Opinion Summary: In this N.Y. C.P.L.R. 78 proceeding, the Court of Appeals held that the Appellate Division erred in foreclosing the possibility that title 9 of article 27 of the Environmental Conservation Law authorized the Department o...

People v Epakchi
Date: May 1, 2018
Citation: 2018 NY Slip Op 03095
Docket Number: 88 SSM 5
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