New York Court of Appeals Decisions 2011
Date: December 20, 2011
Citation: 2011 NY Slip Op 09160
Docket Number: 225
Date: December 20, 2011
Citation: 2011 NY Slip Op 09161
Docket Number: 226
Justia Opinion Summary: Plaintiff sued defendants after he was injured while engaging in demolition work at an apartment building owned by defendant. Plaintiff claimed violations of Labor Law 200, 240(1), and 241. On appeal, plaintiff…
Date: December 20, 2011
Citation: 2011 NY Slip Op 09162
Docket Number: 227
Justia Opinion Summary: Plaintiff sued defendant asserting causes of action for breach of fiduciary duty, gross negligence, and breach of contract where the gravamen of the complaint was that defendant mismanaged the portfolio of an entity…
Date: December 15, 2011
Citation: 2011 NY Slip Op 08996
Docket Number: 189
Justia Opinion Summary: Superfund Coalition commenced this combined CPLR article 78 proceeding and declaratory judgment action to challenge certain regulations promulgated by the Department with respect to remedial programs implemented to clean…
Date: December 15, 2011
Citation: 2011 NY Slip Op 08997
Docket Number: 222
Justia Opinion Summary: This case involved the regulations of the New York City Taxi & Limousine Commission, limiting rates that could be charged by owners of taxicabs who leased those cabs to drivers. Owners challenged a Commission regulation…
Date: December 15, 2011
Citation: 2011 NY Slip Op 08998
Docket Number: 232
Date: December 15, 2011
Citation: 2011 NY Slip Op 09000
Docket Number: 234
Justia Opinion Summary: Defendant appealed his conviction of second-degree kidnapping, second-degree burglary, and other offenses against his former girlfriend. The court held that County Court abused its discretion as a matter of law when it…
Date: December 13, 2011
Citation: 2011 NY Slip Op 08960
Docket Number: 223
Justia Opinion Summary: Defendant was convicted of petit larceny. At issue on appeal was whether defendant's swipe of an unlimited MetroCard in return for a fee, although decidedly criminal in nature, constituted larceny. The court held that it…
Date: December 13, 2011
Citation: 2011 NY Slip Op 08961
Docket Number: 230
Justia Opinion Summary: Exum, an employer of Elrac, served a notice of intention to arbitrate on Elrac, seeking uninsured motorist benefits. Elrace petitioned to stay the arbitration. Supreme Court granted the petition, but the Appellate…
Date: December 13, 2011
Citation: 2011 NY Slip Op 08962
Docket Number: 231
Justia Opinion Summary: Plaintiffs commenced an action and moved for preliminary injunction seeking to enjoin defendants, the board of trustees, from demolishing a certain church building. At issue was whether section 5 of the Religious…
Date: December 13, 2011
Citation: 2011 NY Slip Op 08963
Docket Number: 237
Justia Opinion Summary: Defendant plead guilty to first-degree rape in exchange for a promised determinate sentence of nine years imprisonment followed by five years of postrelease supervision. At issue was the enforceability of the appeal…
Date: November 22, 2011
Citation: 2011 NY Slip Op 08450
Docket Number: 184
Justia Opinion Summary: This appeal arose out of an action commenced by the New York State Attorney General against defendants, seeking injunctive and monetary relief as well as civil penalties for violations of New York's Executive Law and…
Date: November 22, 2011
Citation: 2011 NY Slip Op 08451
Docket Number: 204
Justia Opinion Summary: Claimant and his wife (collectively, claimants) filed a claim for damages, alleging that the State negligently failed to maintain Colgate Lake and Colgate Lake Dam in a reasonably safe condition. Claimants theorized that…
Date: November 22, 2011
Citation: 2011 NY Slip Op 08452
Docket Numbers: 206, 207, 208
Justia Opinion Summary: Plaintiffs brought lawsuits for personal injuries allegedly resulting from automobile accidents. Here, the court confronted three cases in which the Appellate Division rejected allegations of serious injury as a matter…
Date: November 22, 2011
Citation: 2011 NY Slip Op 08453
Docket Number: 209
Justia Opinion Summary: Defendant was found guilty of attempted rape in the first degree, assault in the second degree, unlawful imprisonment in the first degree, and promoting prison contraband in the first degree. On appeal, defendant argued…
Date: November 22, 2011
Citation: 2011 NY Slip Op 08454
Docket Number: 210
Justia Opinion Summary: Defendant was found guilty by a jury of burglary in the second degree. On appeal, defendant argued, among other things, that the use of leg irons (shackles) on his ankles violated his constitutional rights. The court…
Date: November 22, 2011
Citation: 2011 NY Slip Op 08455
Docket Number: 211
Justia Opinion Summary: Defendant was convicted of three counts of arson in the first degree, one count relating to a fire set on May 25, 2004 (expectation of pecuniary profit), and the other two counts relating to a fire set on May 30, 2004…
Date: November 22, 2011
Citation: 2011 NY Slip Op 08456
Docket Number: 213
Justia Opinion Summary: Defendant violated several terms of the youthful offender agreement and, at the subsequent sentencing proceeding, Supreme Court imposed a determinate prison sentence of three and one-half years plus five years of…
Date: November 21, 2011
Citation: 2011 NY Slip Op 08443
Docket Number: 187
Justia Opinion Summary: The issue in this appeal was whether the evidence adduced at trial was legally sufficient to establish that defendant acted "[w]ith intent to prevent" an emergency medical technician (EMT) "from performing a lawful duty"…
Date: November 21, 2011
Citation: 2011 NY Slip Op 08444
Docket Number: 190
Justia Opinion Summary: Plaintiffs, a group of 50 taxpayers of the State of New York, commenced this declaratory judgment action against the State and other defendants, challenging numerous loans and grants issued by public defendants to…
Date: November 21, 2011
Citation: 2011 NY Slip Op 08445
Docket Number: 197
Justia Opinion Summary: Defendants were accused of robbing a store and using a stun gun to incapacitate the store manager temporarily. The court agreed with the Appellate Division that the People failed to prove that the stun gun was a…
Date: November 21, 2011
Citation: 2011 NY Slip Op 08446
Docket Number: 200
Justia Opinion Summary: Plaintiff commenced a lawsuit against 96 Rockaway, LLC, Novalex Contracting Corp., and T-Construction Co., Inc., alleging among other things, violations of Labor Law 240(a) and 241(6). Discovery and a third-party action…
Date: November 21, 2011
Citation: 2011 NY Slip Op 08447
Docket Number: 205
Justia Opinion Summary: This case arose when plaintiffs commenced a medical malpractice suit against defendants for injuries allegedly sustained by Mrs. Cadichon during surgery in July 2002. At issue on appeal was the May 3, 2007 stipulation.…
Date: November 21, 2011
Citation: 2011 NY Slip Op 08448
Docket Number: 212
Justia Opinion Summary: Defendant was convicted of robbery in the second degree and appealed the judgment of the conviction, arguing, among other things, that the evidence of the show-up identification of a co-defendant was inadmissible. The…
Date: November 21, 2011
Citation: 2011 NY Slip Op 08449
Docket Number: 244 SSM 40
Date: November 17, 2011
Citation: 2011 NY Slip Op 08224
Docket Number: 186
Justia Opinion Summary: Defendant was convicted of first degree robbery but acquitted of first degree burglary. On appeal, defendant challenged the trial court's failure to instruct the jury on the statutory definitions of the terms "deprive"…
Date: November 17, 2011
Citation: 2011 NY Slip Op 08225
Docket Number: 188
Justia Opinion Summary: Defendant was convicted of first-degree robbery, third-degree weapon possession, and second-degree menacing. On appeal, defendant contended that the People's proof was legally insufficient to establish his guilt beyond a…
Date: November 17, 2011
Citation: 2011 NY Slip Op 08226
Docket Number: 191
Justia Opinion Summary: This case stemmed from a dispute over the arbitration of a collective bargaining agreement that contained a no-layoff clause. The court held that because the clause was not explicit, unambiguous and comprehensive, there…
Date: November 17, 2011
Citation: 2011 NY Slip Op 08227
Docket Number: 192
Justia Opinion Summary: Plaintiff sued the County alleging that the County was negligent for failing to exercise due care to prevent an unsafe condition, to wit, improperly stacked and stored bales at the recycling center. Plaintiff also…
Date: November 17, 2011
Citation: 2011 NY Slip Op 08228
Docket Number: 193
Justia Opinion Summary: Respondent, a 36-year-old tenured high school teacher, was the subject of disciplinary charges pursuant to Education Law 3020-a as a result of her improper conduct with respect to a 15-year-old male student. Petitioner…
Date: November 17, 2011
Citation: 2011 NY Slip Op 08229
Docket Numbers: 195, 196
Justia Opinion Summary: Petitioners brought these Article 78 proceedings to challenge, among other things, their placement on involuntary leave without having been provided a hearing pursuant to Civil Service Law 72. At issue was whether Civil…
Date: November 15, 2011
Citation: 2011 NY Slip Op 08178
Docket Number: 147
Justia Opinion Summary: Defendant was convicted of first-degree rape, first-degree sexual abuse and endangering the welfare of a child. At issue was whether Supreme Court abused its discretion when it dismissed a hearing-impaired prospective…
Date: November 15, 2011
Citation: 2011 NY Slip Op 08179
Docket Number: 185
Justia Opinion Summary: Petitioner sought to vacate a unanimous arbitration award in favor of Sirius arising out of a breach of contract dispute. Petitioner, which had a non-exclusive agreement with Sirius to distribute radio receivers, claimed…
Date: November 15, 2011
Citation: 2011 NY Slip Op 08181
Docket Number: 199
Justia Opinion Summary: This case involved a dispute over property that was sold by the City to the sponsor of an urban renewal project. The agreement between the City and the sponsor, called a Land Distribution Agreement, contained provisions…
Date: November 15, 2011
Citation: 2011 NY Slip Op 08182
Docket Number: 201
Date: November 15, 2011
Citation: 2011 NY Slip Op 08183
Docket Number: 202
Justia Opinion Summary: In this dispute between an employee and his employer and its workers' compensation insurance carrier, the court was asked to interpret Workers' Compensation Law 27(2) and 15(3)(w) amended by the Laws of 2007, as they…
Date: November 15, 2011
Citation: 2011 NY Slip Op 08184
Docket Number: 203
Date: November 15, 2011
Citation: 2011 NY Slip Op 08185
Docket Number: 242 SSM 37
Date: November 15, 2011
Citation: 2011 NY Slip Op 08186
Docket Number: 243 SSM 38
Date: October 25, 2011
Citation: 2011 NY Slip Op 07473
Docket Number: 149
Justia Opinion Summary: Defendant appealed his conviction, upon a jury verdict, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance at or near school grounds. Defendant argued that the…
Date: October 25, 2011
Citation: 2011 NY Slip Op 07474
Docket Numbers: 150, 151
Justia Opinion Summary: Defendants, Makeda Davis and Fayola McIntosh, where charged with offenses stemming from an altercation at a nightclub. The primary issue on appeal was whether the People's withdrawal of their cases from the first grand…
Date: October 25, 2011
Citation: 2011 NY Slip Op 07475
Docket Number: 160
Justia Opinion Summary: In these criminal proceedings, the Appellate Division dismissed defendants' direct appeals from their judgments of conviction prior to their hearing and disposition. Both defendants filed timely notices of appeal, but…
Date: October 25, 2011
Citation: 2011 NY Slip Op 07476
Docket Number: 163
Justia Opinion Summary: This case arose when petitioner formally requested the list of names and addresses of veterinarians licensed by the Department of Schenectady County under the Freedom of Information Law (FOIL), Public Officers law…
Date: October 25, 2011
Citation: 2011 NY Slip Op 07477
Docket Number: 168
Justia Opinion Summary: Plaintiff sued defendant alleging violations of Labor Law 240(1) and Labor Law 241(6), the latter pursuant to 12 NYCRR 23-3.3(b)(3) and (c) after plaintiff was injured while working on a demolition project on premises…
Date: October 25, 2011
Citation: 2011 NY Slip Op 07479
Docket Number: 241 SSM 36
Date: October 20, 2011
Citation: 2011 NY Slip Op 07301
Docket Number: 148
Justia Opinion Summary: Plaintiff, the New York Coalition for Quality Assisted Living (NYCQAL), a not-for-profit association of members who operate adult homes and assisted living facilities that were regulated pursuant to 18 NYCRR Parts 485…
Date: October 20, 2011
Citation: 2011 NY Slip Op 07302
Docket Numbers: 164, 165
Justia Opinion Summary: The primary issue in these appeals was whether the jury verdicts convicting defendants of assault but acquitting them of criminal possession of a weapon were legally repugnant. The court concluded that, based on the…
Date: October 20, 2011
Citation: 2011 NY Slip Op 07304
Docket Number: 167
Justia Opinion Summary: Defendant was indicted on one count of first-degree robbery and on one count of grand larceny in the fourth degree. At issue was whether defendant's written statement threatening to shoot a robbery victim with a gun…
Date: October 20, 2011
Citation: 2011 NY Slip Op 07303
Docket Number: 166
Justia Opinion Summary: Defendant was convicted of assault in the first degree and sentenced to 25 years imprisonment to be followed by 5 years postrelease supervision. In this case, turning on the accuracy of eyewitnesses' recognition of an…
Date: October 20, 2011
Citation: 2011 NY Slip Op 07305
Docket Number: 172
Justia Opinion Summary: This case arose when plaintiffs commenced a medical malpractice action against defendants. At issue was whether the five-day extension under CPLR 2103(b)(2) applied to the 15-day time period prescribed by CPLR 511(b) to…
Date: October 20, 2011
Citation: 2011 NY Slip Op 07306
Docket Numbers: 175, 176
Justia Opinion Summary: A jury convicted defendants, Corey Becoats and Jason Wright, of second degree (depraved indifference) murder and first degree robbery. The Appellate Division modified by reducing the murder convictions to manslaughter in…
Date: October 18, 2011
Citation: 2011 NY Slip Op 07253
Docket Number: 154
Justia Opinion Summary: Five days after Charmaine D. was admitted to the hospital, petitioner, the director of the psychiatry department at that hospital, applied to Supreme Court for an order that she be retained for 30 days. Charmaine moved…
Date: October 18, 2011
Citation: 2011 NY Slip Op 07252
Docket Number: 153
Justia Opinion Summary: After her estranged boyfriend shot her, causing serious injuries, plaintiff sued the City of New York for failing to provide her with adequate police protection to prevent the attack. The primary issue on appeal was…
Date: October 18, 2011
Citation: 2011 NY Slip Op 07254
Docket Numbers: 155, 156
Justia Opinion Summary: Defendants were charged with crimes related to the sexual abuse of a minor. At issue was whether prior consistent statements alleging sexual abuse were properly admitted under the prompt outcry rule or, alternatively, in…
Date: October 18, 2011
Citation: 2011 NY Slip Op 07256
Docket Number: 170
Justia Opinion Summary: In these personal injury actions arising from a single-vehicle bus accident, two questions were presented for the court's review. First, whether plaintiffs' seatbelt claims, seeking to hold defendant liable for failure…
Date: October 18, 2011
Citation: 2011 NY Slip Op 07257
Docket Number: 171
Justia Opinion Summary: Defendant was convicted of four counts of criminal possession of a forged instrument in the second degree. At issue was whether the evidence in this case was legally sufficient to convict defendant of criminal possession…
Date: October 18, 2011
Citation: 2011 NY Slip Op 07255
Docket Number: 194
Justia Opinion Summary: Defendant was convicted of murdering his father and the attempted murder of his mother while they slept. On appeal, defendant claimed that his federal constitutional right to confront the witnesses against him was…
Date: October 18, 2011
Citation: 2011 NY Slip Op 07258
Docket Number: 239 SSM 33
Date: October 13, 2011
Citation: 2011 NY Slip Op 07144
Docket Number: No. 152
Justia Opinion Summary: In this dispute between a law firm and two banks, the issues presented were (1) the scope of the duty a payor bank owed to a non-customer depositor of a counterfeit check and (2) the scope of the duty a depository bank…
Date: October 13, 2011
Citation: 2011 NY Slip Op 07145
Docket Number: No. 157
Justia Opinion Summary: Defendant was the driver of an automobile that struck plaintiff's decedent while she was crossing the street, causing her death. Pursuant to defendant's claim that the accident occurred while he was temporarily blinded…
Date: October 13, 2011
Citation: 2011 NY Slip Op 07146
Docket Number: No. 158
Justia Opinion Summary: Following a nonjury trial, the County Court acquitted defendant of intentional assault in the first degree, but convicted her of second-degree reckless assault and endangering the welfare of a child. On appeal, defendant…
Date: October 13, 2011
Citation: 2011 NY Slip Op 07147
Docket Number: No. 159
Justia Opinion Summary: Defendant was charged with criminal possession of a weapon in the third degree. At issue was whether the County Court's error in sustaining the prosecutor's objection to defense counsel's question of defendant was…
Date: October 13, 2011
Citation: 2011 NY Slip Op 07148
Docket Numbers: No. 173, No. 174
Justia Opinion Summary: The common question in these appeals was whether the courts fulfilled their responsibility to make a "searching inquiry" before allowing defendants to give up the right to a lawyer and conduct their defenses pro se. The…
Date: October 13, 2011
Citation: 2011 NY Slip Op 07149
Docket Number: No. 216
Justia Opinion Summary: Respondent brought this action against appellant to compel payment of no-fault benefits in the amount of its bill, plus statutory interest and attorney's fees, alleging that it had provided timely notice and proof of…
Date: October 13, 2011
Citation: 2011 NY Slip Op 07150
Docket Number: 238 SSM 30
Date: September 22, 2011
Citation: 2011 NY Slip Op 06501
Docket Number: No. 217
Justia Opinion Summary: This appeal involved litigation that arose from the 1993 terrorist bombing incident in the parking garage of the World Trade Center complex (WTC). At issue was whether the Port Authority of New York and New Jersey (Port…
Date: September 15, 2011
Docket Number: 221
Date: September 13, 2011
Citation: 2011 NY Slip Op 06425
Docket Number: 220 SSM 29
Date: September 8, 2011
Citation: 2011 NY Slip Op 06407
Docket Number: 219 SSM 32
Date: August 30, 2011
Citation: 2011 NY Slip Op 06364
Docket Number: No. 218
Justia Opinion Summary: Plaintiffs commenced this hybrid declaratory judgment action/article 78 proceeding, seeking a declaration that the implementation of Local Law No. 3-2011 in relation to the November 8, 2011 general election was null and…
Date: June 30, 2011
Docket Number: No. 128
Justia Opinion Summary: Plaintiffs, companies that acquired Floating Rate Accrual Notes (FRANs), commenced numerous separate actions against Argentina seeking damages for the nation's default on the bonds and the claims were subsequently…
Date: June 30, 2011
Docket Numbers: No. 129, No. 130
Justia Opinion Summary: Benito Acevedo was convicted of criminal sale of controlled substance in the third degree and possession of a controlled substance in the third degree and sentenced as a predicate felony offender with a prior violent…
Date: June 30, 2011
Docket Numbers: No. 131, No. 132, No. 133, No. 134, No. 135, No. 136
Justia Opinion Summary: These six lawsuits involved an accident near Geneseo, New York, where a charter bus carrying members of an Ontario women's hockey team plowed into the rear-end of a tractor-trailer parked on the shoulder of the highway.…
Date: June 28, 2011
Docket Number: No. 117
Justia Opinion Summary: Plaintiff, an electrician working on a construction project site, brought a personal injury suit against defendants asserting claims under Labor Law 200, 240(1), and 241(6), and common law negligence. At issue was…
Date: June 28, 2011
Docket Number: No. 124
Justia Opinion Summary: This case stemmed from a dispute between MBIA Insurance Corporation (MBIA) and certain of its policyholders who hold financial guarantee insurance policies. The principal question presented was whether the 2009…
Date: June 28, 2011
Docket Number: No. 126
Justia Opinion Summary: This case stemmed from a dispute over the status of a negotiated settlement agreement pertaining to New York City's duty to provide mental health services to certain inmates in its jails. At issue was whether the terms…
Date: June 28, 2011
Docket Numbers: No. 137, No. 138, No. 143
Justia Opinion Summary: Defendants committed class B felonies involving narcotics and were sentenced to indeterminate prison terms. All defendants were subsequently paroled, violated their parole, and were sent back to prison. After the…
Date: June 28, 2011
Docket Number: No. 139
Justia Opinion Summary: Defendant was convicted for a 2003 drug transaction and sentenced to prison. On November 25, 2009 defendant filed an application for resentencing under the 2009 Drug Law Reform Act (DLRA), CPL 440.46. On December 3,…
Date: June 28, 2011
Docket Number: 214 SSM 23
Date: June 23, 2011
Docket Numbers: 126, 127
Date: June 23, 2011
Docket Number: No. 91
Justia Opinion Summary: Plaintiffs sued the former spouse of Stephen Walsh, who was a defendant in related actions brought by plaintiffs, alleging that the property derived from Walsh's illegal securities activities went into the former…
Date: June 23, 2011
Docket Numbers: No. 97, No. 140, No. 141, No. 142
Justia Opinion Summary: Claimants in these four cases were convicted of crimes for which they received indeterminate sentences. A statute required that such a sentence include a period of post-release supervision ("PRS"), but in each claimant's…
Date: June 23, 2011
Docket Number: No. 99
Justia Opinion Summary: This case stemmed from Reliance Group Holdings, Inc.'s ("RGH") and Reliance Financial Services Corporation's ("RFS") voluntary petitions in Bankruptcy Court seeking Chapter 11 bankruptcy protection and the trust that was…
Date: June 14, 2011
Docket Number: No. 104
Justia Opinion Summary: Defendant was charged with attempted murder, assault, criminal possession of a weapon, and criminal possession of a controlled substance where defendant was arrested for a shooting death, defendant's gray minivan was…
Date: June 14, 2011
Docket Number: No. 105
Justia Opinion Summary: Plaintiff filed an action for defamation and unfair competition by disparagement against defendants, alleging that defendants published defamatory statements about plaintiff on a website. At issue was whether plaintiff's…
Date: June 14, 2011
Docket Number: No. 107
Justia Opinion Summary: Defendant was convicted of weapon possession crimes, reckless endangerment, and menacing and endangering the welfare of a child. At issue was whether there was a conflict of interest where the newly-elected district…
Date: June 14, 2011
Docket Number: 109
Date: June 14, 2011
Docket Number: No. 110
Justia Opinion Summary: Petitioners, 23 transportation vendors, commenced a CPLR article 78 proceeding to prevent the Department of Education ("DOE") from implementing allegedly illegal bid solicitations related to a school transportation…
Date: June 9, 2011
Docket Number: No. 111
Justia Opinion Summary: Appellant filed a petition, pursuant to CPLR article 78, to set aside the award of a contract to a third party and to direct the Town of Southeast to award the contract to appellant. At issue was whether the Town Board…
Date: June 9, 2011
Docket Number: No. 113
Justia Opinion Summary: Defendant was convicted of second degree manslaughter and first degree reckless endangerment for her role in the events leading to the death of her son. At issue was whether there was sufficient evidence to support her…
Date: June 9, 2011
Docket Number: No. 118
Justia Opinion Summary: Plaintiff, the father of decedent, commenced an action seeking to recover from defendants, decedent's grandparents, for decedent's wrongful death and for her conscious pain and suffering where she accidentally drowned in…
Date: June 9, 2011
Docket Number: No. 75
Justia Opinion Summary: The Family Court terminated Stephen K.'s parental rights due to his persistent failure to comply with court-mandated conditions and the lack of evidence evincing efforts to adequately provide for his family. At issue was…
Date: June 9, 2011
Docket Number: 182 SSM 22
Date: June 7, 2011
Docket Number: No. 108
Justia Opinion Summary: Defendant was charged with multiple counts of first and second degree robbery, as well as various weapon possession offenses where the charges stemmed from a robbery that occurred outside a Manhattan nightclub. At issue…
Date: June 7, 2011
Docket Number: No. 112
Justia Opinion Summary: Defendant was indicted for second degree murder, second degree assault, and second degree weapon possession in connection with a shooting. Defendant had also been arrested for a drug crime in Manhattan where he was…
Date: June 7, 2011
Docket Number: No. 116
Justia Opinion Summary: Defendant was convicted of murder in the second degree where defendant, an experienced archery hunter, shot an arrow from his compound bow towards his neighbor's yard, fatally striking the victim. On appeal, defendant…
Date: June 7, 2011
Docket Number: No. 92
Justia Opinion Summary: Plaintiffs executed a general agreement with defendant regarding management of their real estate business which contained a general release. At issue was whether the appellate court erred in dismissing plaintiffs' fraud…
Date: June 7, 2011
Docket Number: No. 93
Justia Opinion Summary: Plaintiffs claimed they were fraudulently induced to sell their ownership interests in a company they co-owned with one of the defendants, and fraudulently induced to release defendants from claims arising out of that…
Date: June 7, 2011
Docket Number: No. 95
Justia Opinion Summary: Defendant was convicted of murder in the second degree and other crimes for the shooting of an individual in 2002. Defendant's principal argument on appeal was that his trial counsel's failure to object to certain…
Date: June 2, 2011
Docket Numbers: No. 101, No. 102
Justia Opinion Summary: Petitioners, two tenured teachers in the New York City School system, commenced Article 78 proceedings against the Board of Education for orders compelling respondent to expunge "letters of reprimand" from their…
Date: June 2, 2011
Docket Number: No. 103
Justia Opinion Summary: Defendant pleaded guilty to criminal possession and sale of a controlled substance in the third degree and promptly appealed his conviction arguing that the supreme court erred in its suppression ruling. At issue was…
Date: June 2, 2011
Docket Number: No. 115
Justia Opinion Summary: Plaintiff sued defendants over whether plaintiff had been fully paid for construction, rehabilitation, and maintenance work performed for defendants. Defendants moved for summary judgment on the ground, inter alia, that…
Date: June 2, 2011
Docket Number: No. 85
Justia Opinion Summary: Plaintiff commenced a personal injury action against defendant after she slipped and fell on ice in a parking lot owned and maintained by defendant. The appellate court held that defendant met its burden of demonstrating…
Date: June 2, 2011
Docket Number: No. 94
Justia Opinion Summary: Respondent, a resident of Southold, but not a resident of Fishers Island, filed with the Suffolk County Board of Elections a petition designating himself a candidate in the September 2009 primary election. Petitioners…
Date: June 2, 2011
Docket Number: 180 SSM 20
Date: May 10, 2011
Docket Number: No. 15
Justia Opinion Summary: Defendant was charged with crimes related to the criminal possession of a controlled substance, criminal possession of a weapon, and criminal possession of marijuana. After a Sandoval hearing and just prior to the…
Date: May 10, 2011
Docket Number: No. 76
Justia Opinion Summary: Respondent, a designee of the New York City Department of Health and Mental Hygiene, petitioned for an order under Mental Health Hygiene Law 9.60 requiring assisted outpatient treatment ("AOT") for Miguel M. At issue was…
Date: May 10, 2011
Docket Number: No. 79
Justia Opinion Summary: Defendant was convicted of second degree assault and weapon possession where he was involved in a fight at a movie theater. At issue was whether the failure of the police to interview witnesses after overhearing two…
Date: May 10, 2011
Docket Number: No. 81
Justia Opinion Summary: Plaintiff and his wife brought a products liability action against defendant entities responsible for the manufacture, distribution, and package design of a product sold under the brand name Lewis Red Devil Lye ("RDL")…
Date: May 10, 2011
Docket Number: No. 83
Justia Opinion Summary: Defendant was convicted for unauthorized use of a vehicle in the second degree, criminal mischief in the third degree, criminal possession of stolen property in the fifth degree, and possession of burglar's tools. At…
Date: May 10, 2011
Docket Number: 146 SSM 11
Date: May 5, 2011
Docket Number: No. 69
Justia Opinion Summary: The Duchess County Department of Social Services ("DSS") filed neglect petitions pursuant to Family Court article 10 against respondents, a mother and a father, alleging that father neglected his children because he was…
Date: May 5, 2011
Docket Number: No. 74
Justia Opinion Summary: In a memorandum opinion, the court addressed whether defense counsel gave implied consent to a mistrial. The court held that there was ample basis on the record for the trial court to conclude that defendants agreed…
Date: May 5, 2011
Docket Numbers: No. 78, No. 77
Justia Opinion Summary: Defendants appealed the denial of their motions to suppress a gravity knife found on each defendant in separate situations. In People v. Ernest Brannon, the arresting officer testified that he was able to see the hinged…
Date: May 5, 2011
Docket Number: No. 82
Justia Opinion Summary: Defendant applied to the Appellate Division for a writ of coram nobis claiming that appellate counsel's representation was deficient because he did not fault defense counsel for failing to argue at his violation of…
Date: May 3, 2011
Docket Number: No. 64
Justia Opinion Summary: In September 2002, an accounting firm hired by plaintiff discovered irregularities in plaintiff's financial records. An audit revealed that the assistant superintendent had stolen over $200,000 from plaintiff's accounts.…
Date: May 3, 2011
Docket Number: No. 70
Justia Opinion Summary: Defendant was charged with rape in the first degree, rape in the second degree, and three counts of endangering the welfare of a child. At issue was whether the trial court erred in precluding evidence of the victim's…
Date: May 3, 2011
Docket Number: No. 71
Justia Opinion Summary: Defendant was arrested for driving while intoxicated while his conditional license was in effect. At issue was whether the offense in section 1196(7)(f), regarding traffic infractions for conditional license-holders, and…
Date: May 3, 2011
Docket Number: No. 72
Justia Opinion Summary: Several months into a criminal trial on charges related to alleged Medicaid fraud, the supreme court determined that the prosecution failed to meet their obligation to disclose exculpatory evidence pursuant to Brady v.…
Date: April 28, 2011
Docket Number: No. 63
Justia Opinion Summary: Plaintiff sued a former employee after a number of the former employee's clients left plaintiff's wealth management and investment advisory firm for the firm that the former employee currently works at. The United States…
Date: April 28, 2011
Docket Numbers: 65, 66, 67, 68, 86, 87
Justia Opinion Summary: Defendants, six individuals, sought relief upon resentencing from their statutory obligation to serve postrelease supervision ("PRS"). At issue was whether Double Jeopardy barred their resentencing to PRS; whether…
Date: April 28, 2011
Docket Number: No. 84
Justia Opinion Summary: Petitioner, a New York City police officer, retired in 2004 and was awarded disability benefits. In the following years, the police department received information indicating that petitioner was not disabled; that he…
Date: April 5, 2011
Docket Number: 38
Date: April 5, 2011
Docket Number: 54
Date: April 5, 2011
Docket Number: 55
Date: April 5, 2011
Docket Number: 123 SSM 7
Date: March 29, 2011
Docket Number: 33
Date: March 29, 2011
Docket Number: 37
Date: March 29, 2011
Docket Number: 40
Date: March 29, 2011
Docket Number: 49
Date: March 24, 2011
Docket Number: 36
Date: March 24, 2011
Docket Number: 50
Date: February 24, 2011
Docket Number: 19
Date: February 22, 2011
Docket Number: 16
Date: February 22, 2011
Docket Number: 22
Date: February 22, 2011
Docket Number: 89 SSM 2
Date: February 22, 2011
Docket Number: 90 SSM 63
Date: February 17, 2011
Docket Number: 6
Date: February 17, 2011
Docket Number: 6
Date: February 15, 2011
Docket Number: 17
Date: February 15, 2011
Docket Number: 17
Date: January 11, 2011
Docket Number: 61 SSM 56
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