New York Court of Appeals Decisions 2013

Town of Oyster Bay v Lizza Indus., Inc.
Date: December 17, 2013
Citation: 2013 NY Slip Op 08370
Docket Number: 214
People v. Smith  
Date: December 17, 2013
Citation: 2013 NY Slip Op 08371
Docket Number: 226

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery. During trial, a video recording was admitted into evidence that showed the crime victim being robbed by two men. The victim identified Defendant as one of the robbe...

Caronia v. Philip Morris USA, Inc.  
Date: December 17, 2013
Citation: 2013 NY Slip Op 08372
Docket Number: 227

Justia Opinion Summary: Plaintiffs, current and/or former longtime smokers of Marlboro cigarettes, filed this putative class action in federal court against Philip Morris USA, Inc. asserting, among other claims, an equitable cause of action for...

William J. Jenack Estate Appraisers & Auctioneers, Inc. v. Rabizadeh  
Date: December 17, 2013
Citation: 2013 NY Slip Op 08373
Docket Number: 229

Justia Opinion Summary: Plaintiff sold fine art and antiques at public auctions. Plaintiff permitted absentee bidding in addition to traditional in-person bidding. In 2008, Defendant submitted a signed absentee bidder form and submitted a $400,...

Ragins v Hospitals Ins. Co., Inc.
Date: December 17, 2013
Citation: 2013 NY Slip Op 08374
Docket Number: 234
Gyabaah v Rivlab Transp. Corp.
Date: December 17, 2013
Citation: 2013 NY Slip Op 08375
Docket Number: 257 SSM 32
People v. Pignataro  
Date: December 12, 2013
Citation: 2013 NY Slip Op 08286
Docket Number: 213

Justia Opinion Summary: In 2000, Defendant pleaded guilty to attempted assault in the first degree. The trial court orally sentenced Defendant to a fifteen-year determinate sentence of incarceration without pronouncing the term of postrelease s...

People v. Collier  
Date: December 12, 2013
Citation: 2013 NY Slip Op 08287
Docket Number: 228

Justia Opinion Summary: Pursuant to a plea bargain, Defendant pleaded guilty to two counts of robbery in the first degree. Defendant was sentenced to twenty-five-year and five-year terms of imprisonment, to be served consecutively. Defendant mo...

People v. Tyrell  
Date: December 12, 2013
Citation: 2013 NY Slip Op 08288
Docket Number: 230

Justia Opinion Summary: In the first case involved in this appeal, Defendant pleaded guilty to criminal possession of marihuana. Defendant appealed, asserting that his plea was invalid because the record did not affirmatively demonstrate the wa...

People v Payton
Date: December 12, 2013
Citation: 2013 NY Slip Op 08289
Docket Number: 232
Kolbe v. Tibbetts  
Date: December 12, 2013
Citation: 2013 NY Slip Op 08290
Docket Number: 235

Justia Opinion Summary: Plaintiffs, former employees of a school district (District), were members of a collective bargaining unit. One plaintiff retired while the 1999-2003 collective bargaining agreement (CBA) was in effect, and the other pla...

People v. Oddone  
Date: December 12, 2013
Citation: 2013 NY Slip Op 08291
Docket Number: 236

Justia Opinion Summary: After a jury trial, Defendant was convicted of manslaughter in the first degree for causing the death of a man by holding him in a headlock. Defendant appealed, arguing that several of the trial court's rulings in admitt...

People v Myers
Date: December 12, 2013
Citation: 2013 NY Slip Op 08292
Docket Number: 259 SSM 38
Auqui v. Seven Thirty One Ltd. P'ship  
Date: December 10, 2013
Citation: 2013 NY Slip Op 08192
Docket Number: 212

Justia Opinion Summary: Plaintiff was injured during the course of his employment when he was struck by a sheet of plywood that fell from a building under construction. Plaintiff received workers' compensation benefits for his injuries and then...

People v. O'Toole  
Date: December 10, 2013
Citation: 2013 NY Slip Op 08193
Docket Number: 233

Justia Opinion Summary: Defendant was charged with first and second degree robbery and other crimes. The first degree robbery charge was based on the alleged display of a firearm. The jury at Defendant's first trial acquitted Defendant of first...

Holmes v. Winter  
Date: December 10, 2013
Citation: 2013 NY Slip Op 08194
Docket Number: 245

Justia Opinion Summary: Petitioner was charged with multiple counts of murder and other offenses arising from a mass shooting at a screening of "Batman" at a movie theater in Colorado. The Colorado state court presiding over the criminal charge...

In re George  
Date: December 10, 2013
Citation: 2013 NY Slip Op 08195
Docket Number: 249

Justia Opinion Summary: The State Commission on Judicial Conduct brought two charges against Petitioner Glen George, a non-lawyer justice of the Middletown Town Court. Each charge involved allegations of misconduct while Petitioner was acting i...

People v Jennings
Date: December 10, 2013
Citation: 2013 NY Slip Op 08197
Docket Number: 256 SSM 11
Matter of Dalton v Akron Cent. Schools
Date: December 10, 2013
Citation: 2013 NY Slip Op 08198
Docket Number: 258 SSM 33
Matter of Doyle
Date: December 10, 2013
Citation: 2013 NY Slip Op 08196
Docket Number: 262
Eujoy Realty Corp. v. Van Wagner Commc'ns, LLC  
Date: November 26, 2013
Citation: 2013 NY Slip Op 07823
Docket Number: 179

Justia Opinion Summary: On October 18, 2000, Tenant leased Landlord's billboard for fifteen years, commencing on December 1, 2000 and ending September 30, 2015. The lease obligated Tenant to pay the full annual basic rent for 2007 to Landlord o...

People v. Howard  
Date: November 26, 2013
Citation: 2013 NY Slip Op 07824
Docket Number: 189

Justia Opinion Summary: After a jury trial, Defendants were convicted of first-degree robbery. Defendants appealed, arguing, among other things, that their counsel provided ineffective assistance by failing to assert as an affirmative defense t...

People v. Abraham  
Date: November 26, 2013
Citation: 2013 NY Slip Op 07825
Docket Number: 192

Justia Opinion Summary: Defendant was charged with arson in the third degree, insurance fraud in the second degree, and reckless endangerment in the first degree. Defendant's first trial ended in a hung jury. At his second trial, the jury found...

Council of the City of N.Y. v. Dep't of Homeless Servs. of the City of N.Y.  
Date: November 26, 2013
Citation: 2013 NY Slip Op 07826
Docket Number: 193

Justia Opinion Summary: The New York City Department of Homeless Services (DHS) is the entity charged with providing temporary housing assistance to homeless men and women in the City. In 2011, DHS announced the adoption of a new eligibility pr...

State v. Nelson D.  
Date: November 26, 2013
Citation: 2013 NY Slip Op 07827
Docket Number: 194

Justia Opinion Summary: Nelson D. was a convicted sex offender who suffered from mental retardation. The State filed a N.Y. Mental Hyg. Law 10 petition seeking to subject Nelson to civil management. After a dispositional hearing, Supreme Court...

Devito v. Feliciano  
Date: November 26, 2013
Citation: 2013 NY Slip Op 07828
Docket Number: 195

Justia Opinion Summary: Plaintiff was injured when a van operated by Dennis Feliciano and owned by Paragon Cable Manhattan rear-ended the car in which Plaintiff was a passenger. Plaintiff filed this suit against Feliciano and Paragon Cable (col...

People v Santiago
Date: November 26, 2013
Citation: 2013 NY Slip Op 07829
Docket Number: 204
Nash v. Port Auth. of N.Y. & N.J.  
Date: November 26, 2013
Citation: 2013 NY Slip Op 07830
Docket Number: 238

Justia Opinion Summary: On January 14, 2010, Plaintiff received a $4.4 million judgment against The Port Authority of New York and New Jersey ("Port Authority"). The Nash judgment became final as of July 13, 2011 due to the Port Authority's fai...

People v Sims
Date: November 26, 2013
Citation: 2013 NY Slip Op 07831
Docket Number: 254 SSM 26
People v. Heidgen  
Date: November 21, 2013
Citation: 2013 NY Slip Op 07757
Docket Number: 174

Justia Opinion Summary: Defendants in these three consolidated appeals were convicted of depraved indifference murder for driving in an outrageously reckless manner while intoxicated by alcohol or drugs and causing the death of at least one oth...

People v Heidgen
Date: November 21, 2013
Citation: 2013 NY Slip Op 07758
Docket Number: 175
Expedia, Inc. v. City of New York Dep't of Fin.  
Date: November 21, 2013
Citation: 2013 NY Slip Op 07759
Docket Number: 180

Justia Opinion Summary: Plaintiffs here were a group of travel companies that enable customers to make online travel arrangements, including hotel reservations. Plaintiffs brought a declaratory judgment action challenging the constitutionality...

People ex rel. Ryan v. Cheverko  
Date: November 21, 2013
Citation: 2013 NY Slip Op 07760
Docket Number: 183

Justia Opinion Summary: In 2011, Petitioner was convicted several crimes. In 2012, Petitioner was convicted of additional crimes. In all, Petitioner was sentenced to five definite one-year terms of imprisonment, four of which were imposed to ru...

People v. Kevin W.  
Date: November 21, 2013
Citation: 2013 NY Slip Op 07761
Docket Number: 187

Justia Opinion Summary: After an altercation with police officers at a train station, Defendant and his brother fled the scene, leaving a bag on the platform. Based on the bag's contents, Defendant was arrested and charged with second-degree cr...

Cruz v. TD Bank, N.A.  
Date: November 21, 2013
Citation: 2013 NY Slip Op 07762
Docket Number: 191

Justia Opinion Summary: Plaintiffs in these cases were judgment debtors whose bank accounts were frozen by judgment creditors in anticipation of enforcement of a money judgment pursuant to N.Y. C.P.L.R. 52. Plaintiffs brought putative class act...

People v Worden
Date: November 21, 2013
Citation: 2013 NY Slip Op 07763
Docket Number: 203
People v Feliciano
Date: November 21, 2013
Citation: 2013 NY Slip Op 07764
Docket Number: 255 SSM 28
People v. Peque  
Date: November 19, 2013
Citation: 2013 NY Slip Op 07651
Docket Number: 163

Justia Opinion Summary: At issue in these consolidated criminal appeals was whether, prior to permitting a defendant to plead guilty to a felony, a trial court must inform the defendant, if the defendant is not U.S. citizen, that he or she may...

Lancaster v. Inc. Vill. of Freeport  
Date: November 19, 2013
Citation: 2013 NY Slip Op 07652
Docket Number: 181

Justia Opinion Summary: Petitioners were current and former elected officials and appointed officers of the Village of Freeport. In 2008, Water Works Realty Corp. commenced lawsuits against the Village and Petitioners alleging, inter alia, viol...

State v. Floyd Y.  
Date: November 19, 2013
Citation: 2013 NY Slip Op 07653
Docket Number: 182

Justia Opinion Summary: After a jury trial, Appellant was convicted of sexual abuse in the first degree and endangering the welfare of a child. Prior to Appellant's release from prison, the Department of Correctional Services transferred Appell...

People v. Hughes  
Date: November 19, 2013
Citation: 2013 NY Slip Op 07654
Docket Number: 184

Justia Opinion Summary: Defendant, a convicted criminal, was convicted of the class C felony of criminal possession of a weapon in the second degree and sentenced to three and one-half years in prison for possessing a loaded weapon in his home....

People v. Jones  
Date: November 19, 2013
Citation: 2013 NY Slip Op 07655
Docket Number: 185

Justia Opinion Summary: Defendant was charged with one count of criminal possession of a weapon in the second degree for possessing a loaded firearm. The count was based on evidence that a loaded gun was found in Defendant's home. With the indi...

People v Velez
Date: November 19, 2013
Citation: 2013 NY Slip Op 07656
Docket Number: 198
Beth V. v. State Office of Children & Family Servs.  
Date: November 19, 2013
Citation: 2013 NY Slip Op 07657
Docket Number: 202

Justia Opinion Summary: Claimant was employed at a secure juvenile detention facility operated by the State Office of Children & Family Services (OCFS) when she was assaulted, raped, and abducted by a resident. Claimant received workers' compen...

People v Hernandez
Date: November 19, 2013
Citation: 2013 NY Slip Op 07658
Docket Number: 211
Matter of Flamenbaum
Date: November 14, 2013
Citation: 2013 NY Slip Op 07510
Docket Number: 178
People v. Wells  
Date: November 14, 2013
Citation: 2013 NY Slip Op 07511
Docket Number: 188

Justia Opinion Summary: Defendant was arrested for driving while intoxicated. Defendant moved to suppress the evidence found inside his car, arguing that it was obtained by police during an invalid inventory search. Supreme Court denied the sup...

JFK Holding Co. LLC v. City of New York  
Date: November 14, 2013
Citation: 2013 NY Slip Op 07512
Docket Number: 196

Justia Opinion Summary: Plaintiffs here were related entities that leased a building to The Salvation Army. The Salvation Army operated the building as a homeless shelter under an agreement with the City of New York. After the City terminated i...

Rocky Point Drive-In, L.P. v Town of Brookhaven  
Date: November 14, 2013
Citation: 2013 NY Slip Op 07513
Docket Number: 197

Justia Opinion Summary: Appellant was a land owner seeking to develop property located in the Town of Brookhaven as a site for a Lowe's Home Improvement Center. The Town sought to rezone property that included Appellant's parcel from "J Busines...

People v. Brown  
Date: November 14, 2013
Citation: 2013 NY Slip Op 07514
Docket Number: 199

Justia Opinion Summary: This consolidated appeal involved cases involving three defendants, each of whom was convicted of "simple" knowing, unlawful possession of a loaded weapon in addition to one or more other criminal counts. In each case, t...

People v. Boyer  
Date: November 14, 2013
Citation: 2013 NY Slip Op 07515
Docket Number: 205

Justia Opinion Summary: At issue in these two consolidated appeals was whether, for purposes of determining the sequentiality of a defendant's current and prior convictions under the State's sentence enhancement statutes, the controlling date o...

DLJ Mtge. Capital, Inc. v Kontogiannis
Date: November 14, 2013
Citation: 2013 NY Slip Op 07516
Docket Number: 253 SSM 29
Koch v. Sheehan  
Date: October 22, 2013
Citation: 2013 NY Slip Op 06804
Docket Number: 153

Justia Opinion Summary: The Office of the Medicaid Inspector General (OMIG) terminated a physician's participation in the Medicaid program on the basis of a Bureau of Professional Medical Conduct (BPMC) consent order, in which the physician ple...

People v. Asaro  
Date: October 22, 2013
Citation: 2013 NY Slip Op 06805
Docket Number: 158

Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree manslaughter, second-degree assault, third-degree assault, reckless endangerment, and reckless driving. The Appellate Division affirmed. Defendant appealed, ar...

People v Clermont
Date: October 22, 2013
Citation: 2013 NY Slip Op 06806
Docket Number: 166
Matter of State of New York v Enrique D.
Date: October 22, 2013
Citation: 2013 NY Slip Op 06807
Docket Number: 168
Monette v Trummer
Date: October 22, 2013
Citation: 2013 NY Slip Op 06808
Docket Number: 251 SSM 24
People v. Doll  
Date: October 17, 2013
Citation: 2013 NY Slip Op 06726
Docket Number: 141

Justia Opinion Summary: Defendant was arrested after law enforcement officers noticed him walking on a roadway with wet blood stains on his clothes, hands, and shoes. Because the officers believed a person may have been injured, they continued...

Murphy v. N.Y. State Div. of Hous. & Cmty. Renewal  
Date: October 17, 2013
Citation: 2013 NY Slip Op 06727
Docket Number: 146

Justia Opinion Summary: Petitioner was a lifelong resident of a housing complex operated under the Limited-Profit Housing Companies Act and the Private Housing Finance Law. After Petitioner's parents vacated the apartment, Petitioner filed a su...

People v Beaty
Date: October 17, 2013
Citation: 2013 NY Slip Op 06728
Docket Number: 148
Belzberg v. Verus Invs. Holdings Inc.  
Date: October 17, 2013
Citation: 2013 NY Slip Op 06729
Docket Number: 149

Justia Opinion Summary: Petitioner and Ajmal Khan, principal of Verus Investment Holdings, purchased securities in a company to arbitrage a merger between that company and another company (the trade). Petitioner and Khal used Verus' account at...

People v. Glynn  
Date: October 17, 2013
Citation: 2013 NY Slip Op 06730
Docket Number: 155

Justia Opinion Summary: Defendant was indicted for various drug offenses. At a Huntley hearing, the county court judge informed the parties that he may have either represented or prosecuted Defendant on unrelated criminal matters in the past, b...

Georgitsi Realty, LLC v. Penn-Star Ins. Co.  
Date: October 17, 2013
Citation: 2013 NY Slip Op 06731
Docket Number: 156

Justia Opinion Summary: Plaintiff, the owner of an apartment building, complained when Armory Plaza, the owner of the lot next to Plaintiff's building, began excavating the lot to make way for a new building. The excavation purportedly caused c...

Sandiford v City of New York Dept. of Educ.
Date: October 17, 2013
Citation: 2013 NY Slip Op 06732
Docket Number: 157
People v Rodriguez
Date: October 17, 2013
Citation: 2013 NY Slip Op 06733
Docket Number: 169
People v Kordish
Date: October 17, 2013
Citation: 2013 NY Slip Op 06734
Docket Number: 252 SSM 25
In re Hroncich  
Date: October 15, 2013
Citation: 2013 NY Slip Op 06632
Docket Number: 145

Justia Opinion Summary: In 1993, Antonio Hroncich was diagnosed with asbestos-related diseases resulting from his employment at the Consolidated Edison Company of N.Y., Inc. (Con Ed). The Workers' Compensation Board granted Hroncich compensatio...

People v. Morris  
Date: October 15, 2013
Citation: 2013 NY Slip Op 06633
Docket Number: 147

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of a weapon not in his home or place of business and sentenced to a term of imprisonment. The Appellate Division affirmed. Appellant appealed, arguing that the tr...

People v Shabazz
Date: October 15, 2013
Citation: 2013 NY Slip Op 06634
Docket Number: 150
People v Santiago
Date: October 15, 2013
Citation: 2013 NY Slip Op 06635
Docket Number: 159
Brightonian Nursing Home v. Daines  
Date: October 15, 2013
Citation: 2013 NY Slip Op 06636
Docket Number: 161

Justia Opinion Summary: Plaintiffs challenged the facial constitutionality of N.Y. Pub. Health Law 2808(5)(c), which prohibits the withdrawal or transfer of residential health care facility equity or assets in amount exceeding three percent of...

Osterweil v. Bartlett  
Date: October 15, 2013
Citation: 2013 NY Slip Op 06637
Docket Number: 167

Justia Opinion Summary: Appellant owned a part-time residence in New York but intended to make Louisiana his primary residence. Appellant applied for a New York State pistol/revolver license pursuant to N.Y. Penal Law 400.00 and inquired whethe...

Ramkumar v Grand Style Transp. Enters. Inc.
Date: October 15, 2013
Citation: 2013 NY Slip Op 06638
Docket Number: 170
Landon v. Kroll Lab. Specialists, Inc.  
Date: October 10, 2013
Citation: 2013 NY Slip Op 06597
Docket Number: 142

Justia Opinion Summary: Respondent was convicted of second degree forgery and sentenced to a term of probation. One of the conditions of Respondent's probation was a requirement that he submit to random drug testing. Appellant, a drug testing l...

People v. Alcide  
Date: October 10, 2013
Citation: 2013 NY Slip Op 06598
Docket Number: 143

Justia Opinion Summary: After a jury trial, Defendant was convicted of intentional murder and second-degree weapon possession. On appeal, Defendant argued that the trial judge committed mode of proceedings errors by departing from the protocol...

People v. Thompson  
Date: October 10, 2013
Citation: 2013 NY Slip Op 06599
Docket Number: 144

Justia Opinion Summary: After a jury trial, Defendant was convicted of the offense of manslaughter. The Appellate Division affirmed. At issue on appeal was whether Defendant's trial counsel was ineffective for failing to use a peremptory challe...

Romanello v Intesa Sanpaolo, S.p.A.
Date: October 10, 2013
Citation: 2013 NY Slip Op 06600
Docket Number: 152
People v. Daryl H.  
Date: October 10, 2013
Citation: 2013 NY Slip Op 06601
Docket Number: 154

Justia Opinion Summary: Defendant, a patient in the psychiatric ward of a medical center, was convicted of assault in the first and second degree based on an incident in which he assaulted and severely injured another psychiatric patient. The...

Merrill Lynch, Pierce, Fenner & Smith, Inc. v Global Strat Inc.
Date: October 10, 2013
Citation: 2013 NY Slip Op 06602
Docket Number: 160
Soto v. J. Crew Inc.  
Date: October 10, 2013
Citation: 2013 NY Slip Op 06603
Docket Number: 162

Justia Opinion Summary: Plaintiff, an employee of a commercial cleaning company, was injured after falling from a ladder while providing janitorial services for a retail store. Plaintiff was dusting a display shelf when he fell. Plaintiff broug...

409-411 Sixth St., LLC v Mogi
Date: October 10, 2013
Citation: 2013 NY Slip Op 06604
Docket Number: 250 SSM 23
Matter of Alexander
Date: September 17, 2013
Citation: 2013 NY Slip Op 05853
Docket Number: 248
Sato v Ippudo NY
Date: September 12, 2013
Citation: 2013 NY Slip Op 05849
Docket Number: 246 SSM 19
Bruno Kearney Architects, LLP v Rose
Date: September 10, 2013
Citation: 2013 NY Slip Op 05776
Docket Number: 243 SSM 22
People v McFarlane
Date: August 29, 2013
Citation: 2013 NY Slip Op 05763
Docket Number: 242 SSM 21
People v Rodriguez
Date: August 27, 2013
Citation: 2013 NY Slip Op 05719
Docket Number: 241 SSM 20
Hoerger v. Spota  
Date: August 22, 2013
Citation: 2013 NY Slip Op 05708
Docket Number: 237

Justia Opinion Summary: The Suffolk County Legislature imposed term limits on county officials, including the district attorney. Respondent, who was elected district attorney in 2001, was designated as a candidate in the upcoming primary electi...

Matter of Alexander
Date: August 22, 2013
Citation: 2013 NY Slip Op 05710
Docket Number: 239
Matter of Lacorte v Cytryn
Date: August 22, 2013
Citation: 2013 NY Slip Op 05709
Docket Number: 240
Cunningham v. State Dep't of Labor  
Date: June 27, 2013
Citation: 2013 NY Slip Op 04838
Docket Number: 123

Justia Opinion Summary: Petitioner was a State employee. Suspecting that Petitioner was submitting false time reports, the State attached a global positioning system (GPS) device to Petitioner's car. After a report by the Inspector General base...

James v. Wormuth  
Date: June 27, 2013
Citation: 2013 NY Slip Op 04839
Docket Number: 126

Justia Opinion Summary: Plaintiff filed an action against Defendants, a medical doctor and his practice, for medical malpractice after the doctor failed to remove a localization guide wire during a biopsy of part of Plaintiff's lung. After a se...

People v. Rudolph  
Date: June 27, 2013
Citation: 2013 NY Slip Op 04840
Docket Number: 131

Justia Opinion Summary: Defendant, who was seventeen years old at the time, was charged with several counts of felony drug possession. Defendant pleaded guilty to one count of criminal possession of a controlled substance in the third degree an...

People v Chisholm
Date: June 27, 2013
Citation: 2013 NY Slip Op 04841
Docket Number: 133
De La Cruz v. Caddell Dry Dock & Repair Co.  
Date: June 27, 2013
Citation: 2013 NY Slip Op 04842
Docket Number: 134

Justia Opinion Summary: Plaintiffs were employed by Defendant, which operated floating dry docks where workers repaired and maintained vessels for tug and barge companies and for the City of New York. Plaintiffs sued Defendant and its sureties...

Alf v Buffalo News, Inc.
Date: June 27, 2013
Citation: 2013 NY Slip Op 04843
Docket Number: 209 SSM 17
Barenboim v. Starbucks Corp.  
Date: June 26, 2013
Citation: 2013 NY Slip Op 04754
Docket Number: 122

Justia Opinion Summary: Under N.Y. Labor Law 196-d, an employer's "agent" may not retain tips. Two former Starbucks baristas brought a putative class action in the U.S. district court alleging that Starbucks' policy of allowing shift supervisor...

People v Marra
Date: June 26, 2013
Citation: 2013 NY Slip Op 04755
Docket Number: 124
Kowalski v. St. Francis Hosp. & Health Ctrs.  
Date: June 26, 2013
Citation: 2013 NY Slip Op 04756
Docket Number: 128

Justia Opinion Summary: Plaintiff, who was severely intoxicated, arrived at the emergency room of a hospital, where he sought admission to Defendant's detoxification facility. Defendant was accepted to the program, and, four hours after his arr...

Island Park, LLC v State of New York
Date: June 26, 2013
Citation: 2013 NY Slip Op 04757
Docket Number: 132
People v. Brinson  
Date: June 26, 2013
Citation: 2013 NY Slip Op 04758
Docket Number: 135

Justia Opinion Summary: In these two unrelated cases, Defendants were resentenced because the sentencing court failed to impose mandatory postrelease supervision (PRS) as part of the original sentence. Defendants appealed, concluding that the i...

Plaza v New York Health & Hosps. Corp. (Jacobi Med. Ctr.)
Date: June 26, 2013
Citation: 2013 NY Slip Op 04759
Docket Number: 207 SSM 14
People v. Jones  
Date: June 25, 2013
Citation: 2013 NY Slip Op 04722
Docket Number: 125

Justia Opinion Summary: Defendant was convicted of burglary in the first degree and robbery in the second degree. Defendant appealed, arguing that his arrest was illegal, and therefore, his subsequent lineup identification as the perpetrator of...

People v. Cantave  
Date: June 25, 2013
Citation: 2013 NY Slip Op 04723
Docket Number: 129

Justia Opinion Summary: Defendant was charged with second-degree assault based on a confrontation with Complainant. After a Sandoval hearing, the People received permission to cross-examine Defendant about his recent rape conviction, still pend...

People v Leach
Date: June 25, 2013
Citation: 2013 NY Slip Op 04724
Docket Number: 130
Matter of Lang v Kelly
Date: June 25, 2013
Citation: 2013 NY Slip Op 04728
Docket Number: 208 SSM 16
People v. Greenberg  
Date: June 25, 2013
Citation: 2013 NY Slip Op 04726
Docket Number: 63

Justia Opinion Summary: The Attorney General (AG) sued two of the former officers of American International Group, Inc. (AIG), alleging that Defendants violated the Martin Act and committed common law fraud. Specifically, the AG claimed that De...

Applewhite v. Accuhealth, Inc.  
Date: June 25, 2013
Citation: 2013 NY Slip Op 04727
Docket Number: 86

Justia Opinion Summary: Twelve-year-old Tiffany had a seizure followed by cardiac arrest. Two emergency medical technicians (EMTs) employed by New York City arrived in response to Tiffany's mother's 911 call and began performing CPR on Tiffany...

People v. Barboni  
Date: June 11, 2013
Citation: 2013 NY Slip Op 04269
Docket Number: 102

Justia Opinion Summary: After a jury trial, Defendant was convicted of depraved indifference murder of a child and manslaughter in the first degree. The appellate division affirmed. The Court of Appeals affirmed, holding (1) a rational jury cou...

K2 Inv. Group, LLC v. Am. Guar. & Liab. Ins. Co.  
Date: June 11, 2013
Citation: 2013 NY Slip Op 04270
Docket Number: 106

Justia Opinion Summary: Plaintiffs were two limited liability companies that made loans to Goldan, LLC. Goldan failed to repay the loans. Plaintiffs later discovered that their mortgages had not been recorded as agreed upon. Plaintiffs sued Gol...

Roth v. City of Syracuse  
Date: June 11, 2013
Citation: 2013 NY Slip Op 04271
Docket Number: 110

Justia Opinion Summary: Petitioner commenced a N.Y. Real Prop. Tax Law 7 proceeding challenging the valuation by the City of Syracuse's Board of Assessment Review of five houses near Syracuse University used as rental housing for college studen...

J.P. Morgan Sec. Inc. v. Vigilant Ins. Co.  
Date: June 11, 2013
Citation: 2013 NY Slip Op 04272
Docket Number: 113

Justia Opinion Summary: In 2003, the Securities and Exchange Commission (SEC) notified Bear Stearns & Co. and Bear Stearns Securities Corp. of its intention to charge Bear Stearns with violations of federal securities laws. Bear Stearns agreed...

Altshuler Shaham Provident Funds, Ltd. v. GML Tower, LLC  
Date: June 11, 2013
Citation: 2013 NY Slip Op 04273
Docket Number: 115

Justia Opinion Summary: This mortgage foreclosure action arose from a failed redevelopment of a hotel complex. The complex consisted of several interconnected properties, including the hotel property, a tower building, and another building. The...

People v Mitchell
Date: June 11, 2013
Citation: 2013 NY Slip Op 04274
Docket Number: 116
People v Mason
Date: June 11, 2013
Citation: 2013 NY Slip Op 04276
Docket Number: 173 SSM 8
People v Lam
Date: June 11, 2013
Citation: 2013 NY Slip Op 04275
Docket Number: 95
Empire State Chapter of Associated Builders & Contractors v. Smith  
Date: June 6, 2013
Citation: 2013 NY Slip Op 04038
Docket Number: 101

Justia Opinion Summary: The Wicks Law requires public entities seeking bids on construction contracts to obtain separate specifications for three subdivisions of the work to be performed. Until 2008 when the law was amended to raise the thresho...

Chenango Forks Cent. Sch. Dist. v. State Pub. Employee Relations Bd.  
Date: June 6, 2013
Citation: 2013 NY Slip Op 04039
Docket Number: 104

Justia Opinion Summary: In 2003, School District announced to its faculty and staff, who were represented by Union, that the district's practice of reimbursing Medicare Part B premiums of retirees sixty-five years or older would be terminated....

People v. Oliveras  
Date: June 6, 2013
Citation: 2013 NY Slip Op 04040
Docket Number: 105

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the second degree and sentenced to twenty-five years to life. Defendant moved to vacate the conviction, arguing that his trial counsel was ineffective for, among s...

People v Augustine
Date: June 6, 2013
Citation: 2013 NY Slip Op 04041
Docket Number: 109
People v. Padilla  
Date: June 6, 2013
Citation: 2013 NY Slip Op 04042
Docket Number: 114

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal possession in the second degree. Defendant appealed the denial of his motion to suppress the weapon obtained during a search, arguing that the manner in which a pol...

Wild v Catholic Health Sys.
Date: June 6, 2013
Citation: 2013 NY Slip Op 04043
Docket Number: 97
Greater N.Y. Taxi Ass'n v. State  
Date: June 6, 2013
Citation: 2013 NY Slip Op 04044
Docket Number: 98

Justia Opinion Summary: At issue in this case was the constitutionality of the HAIL Act, which regulates medallion taxicabs and livery vehicles. The Act's stated aim is to address certain mobility deficiencies in the City of New York. Plaintiff...

People v. Guilford  
Date: June 4, 2013
Citation: 2013 NY Slip Op 03932
Docket Number: 103

Justia Opinion Summary: After a trial, Defendant was convicted of murder in the second degree. Defendant appealed, challenging his custodial interrogation that lasted almost fifty hours. Defendant's previously filed motion to suppress was grant...

People v. Sanchez  
Date: June 4, 2013
Citation: 2013 NY Slip Op 03933
Docket Number: 107

Justia Opinion Summary: Defendant was arrested for robbery. An attorney from the Legal Aid Society represented Defendant at trial. Prior to opening statements, defense counsel alerted the court to a possible conflict of interest arising from co...

People v. Thomas  
Date: June 4, 2013
Citation: 2013 NY Slip Op 03934
Docket Number: 108

Justia Opinion Summary: Defendant was charged with sex-related crimes. In his summation, defense counsel argued that parts of Complainant's testimony were incredible because a statement Complainant gave to a police officer who responded to her...

James Square Assocs. LP v. Mullen  
Date: June 4, 2013
Citation: 2013 NY Slip Op 03935
Docket Number: 87

Justia Opinion Summary: The Empire Zones Program Act offered state tax incentives designed to enhance business development in the state. In 2009, the program was amended to introduce two new criteria businesses must meet to retain their certifi...

People v. Hampton  
Date: June 4, 2013
Citation: 2013 NY Slip Op 03936
Docket Number: 92

Justia Opinion Summary: Defendant was charged with intentional murder and second-degree weapon possession. Defendant's first trial resulted in a hung jury and mistrial. Defendant was re-tried, and the jury convicted Defendant as charged. After...

People v. Lee  
Date: May 30, 2013
Citation: 2013 NY Slip Op 03865
Docket Number: 111

Justia Opinion Summary: Defendant was charged with burglary in the second degree and grand larceny in the third degree for stealing property from the apartment of Complainants, a husband and wife. The wife spoke Cantonese. Prior to her testimon...

People v Williams
Date: May 30, 2013
Citation: 2013 NY Slip Op 03866
Docket Number: 112
Manhattan Telecomms. Corp. v. H & A Locksmith, Inc.  
Date: May 30, 2013
Citation: 2013 NY Slip Op 03867
Docket Number: 118

Justia Opinion Summary: Plaintiff sued a number of corporations and an individual, Ariq Vanunu, alleging that he had provided telephone service to Defendants pursuant to a written agreement and had not been paid. The complaint alleged that Vanu...

Matter of George
Date: May 30, 2013
Citation: 2013 NY Slip Op 03869
Docket Number: 172
Schlessinger v. Valspar Corp.  
Date: May 30, 2013
Citation: 2013 NY Slip Op 03870
Docket Number: 66

Justia Opinion Summary: Plaintiffs purchased furniture from the Fortunoff Department Store. Along with the furniture, Plaintiffs purchased a protection plan. The plan was a contract in which Valspar Corporation agreed to provide service for dam...

Galetta v. Galetta  
Date: May 30, 2013
Citation: 2013 NY Slip Op 03871
Docket Number: 94

Justia Opinion Summary: Wife and Husband were married in 1997. A week before the wedding, they each separately signed a prenuptial agreement. Neither party was present when the other executed the document, and the signatures were witnessed by d...

People v Diggins
Date: May 30, 2013
Citation: 2013 NY Slip Op 03872
Docket Number: 96
Prine v Santee
Date: May 7, 2013
Citation: 2013 NY Slip Op 03267
Docket Number: 140 SSM 9
People v. Mejias  
Date: May 7, 2013
Citation: 2013 NY Slip Op 03263
Docket Number: 67

Justia Opinion Summary: Defendants were convicted of conspiracy in the second degree and criminal possession of a controlled substance in the first degree for their respective roles in a drug-trafficking operation involving the movement of 400...

Roman Catholic Diocese of Brooklyn v. Nat'l Union Fire Ins. Co. of Pittsburgh  
Date: May 7, 2013
Citation: 2013 NY Slip Op 03264
Docket Number: 69

Justia Opinion Summary: A minor plaintiff commenced a civil action against the Roman Catholic Diocese of Brooklyn and one of its priests alleging sexual molestation by the priest. The Diocese settled the action for $2 million and additional con...

People v. Milton  
Date: May 7, 2013
Citation: 2013 NY Slip Op 03265
Docket Number: 75

Justia Opinion Summary: Defendant was charged by felony complaint with numerous crimes relating to Defendant's procurement of loans to purchase properties using the personal identifying information of four mortgage loan applicants. Defendant wa...

People v Prescott
Date: May 7, 2013
Citation: 2013 NY Slip Op 03266
Docket Number: 80
Koulajian v Smith
Date: May 2, 2013
Citation: 2013 NY Slip Op 03124
Docket Number: 138 SSM 7
People v Bell
Date: May 2, 2013
Citation: 2013 NY Slip Op 03123
Docket Number: 139 SSM 6
Bezio v. Dorsey  
Date: May 2, 2013
Citation: 2013 NY Slip Op 03118
Docket Number: 65

Justia Opinion Summary: Respondent was an inmate in the custody of the State Department of Corrections and Correctional Services (DOCCS). In 2010, Respondent undertook a month-long hunger strike, contending that he had ceased eating in order to...

Verizon New England, Inc. v Transcom Enhanced Servs., Inc.  
Date: May 2, 2013
Citation: 2013 NY Slip Op 03119
Docket Number: 70

Justia Opinion Summary: This case arose from efforts of Verizon New England to collect a judgment awarded in 2009 by the U.S. district court against Global NAPs (GNAPs). Verizon served a restraining notice on GNAPs and companies with which it d...

Hastings v. Sauve  
Date: May 2, 2013
Citation: 2013 NY Slip Op 03120
Docket Number: 78

Justia Opinion Summary: Plaintiff was injured when the van she was driving hit a cow on a public road. Plaintiff brought a personal injury action against the owner of the property where the cow was kept and the two men who may have owned the co...

Bloomer v Shauger
Date: May 2, 2013
Citation: 2013 NY Slip Op 03121
Docket Number: 79
People v. Oathout  
Date: May 2, 2013
Citation: 2013 NY Slip Op 03122
Docket Number: 81

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of murder in the second degree. After retaining a new attorney for his appeal, Defendant moved to set aside the verdict, arguing that his trial counsel was ineffec...

Commonwealth of N. Mariana Islands v. Canadian Imperial Bank of Commerce  
Date: April 30, 2013
Citation: 2013 NY Slip Op 03018
Docket Number: 58

Justia Opinion Summary: The Commonwealth of the Northern Marina Islands obtained two tax judgments in the U.S. district court against the Millars for unpaid taxes. The Millards, who previously resided in the Commonwealth, relocated before the C...

People v. Echevarria  
Date: April 30, 2013
Citation: 2013 NY Slip Op 03019
Docket Number: 59

Justia Opinion Summary: This appeal involved three defendants, who were charged with multiple counts of criminal sale of a controlled substance. In each case, the trial court concluded that the courtroom should be closed to the general public d...

Roulan v County of Onondaga
Date: April 30, 2013
Citation: 2013 NY Slip Op 03020
Docket Number: 62
Granger v. Misercola  
Date: April 30, 2013
Citation: 2013 NY Slip Op 03021
Docket Number: 72

Justia Opinion Summary: Father was an inmate in New York's correctional system. Father, who had acknowledged paternity of a child prior to his imprisonment, sought visitation with the child, who was then three years old, after Mother refused to...

People v. Monk  
Date: April 30, 2013
Citation: 2013 NY Slip Op 03022
Docket Number: 77

Justia Opinion Summary: Defendant pleaded guilty to attempted first-degree robbery pursuant to a plea agreement. Defendant subsequently moved to withdraw his guilty plea, alleging, among other things, that the sentence promise was deficient bec...

People v Floyd
Date: April 25, 2013
Citation: 2013 NY Slip Op 02779
Docket Number: 137 SSM 2
In re Hedges  
Date: April 25, 2013
Citation: 2013 NY Slip Op 02773
Docket Number: 64

Justia Opinion Summary: Petitioner served as family court judge for twenty-seven years. The catalyst for Petitioner's resignation was the allegation that, in 1972, Petitioner engaged in sexual misconduct involving a five-year-old girl. Petition...

In re Dashawn W.  
Date: April 25, 2013
Citation: 2013 NY Slip Op 02774
Docket Number: 71

Justia Opinion Summary: After a hearing, the family court determined that Father and Mother abused their two-year-old child and that they neglected and derivatively abused three of their other children. The family court dismissed the petition o...

Sagal-Cotler v. Bd. of Educ. of the City Sch. Dist. of the City of N.Y.  
Date: April 25, 2013
Citation: 2013 NY Slip Op 02775
Docket Number: 73

Justia Opinion Summary: Petitioners were paraprofessionals employed in the New York City schools and were defendants in civil suits brought by students who alleged that Petitioners hit them. Petitioners did not dispute the actions they were fou...

Sanchez v National R.R. Passenger Corp.
Date: April 25, 2013
Citation: 2013 NY Slip Op 02776
Docket Number: 76
People v Byer
Date: April 25, 2013
Citation: 2013 NY Slip Op 02777
Docket Number: 84
Matter of City of Utica v Daines
Date: April 2, 2013
Citation: 2013 NY Slip Op 02165
Docket Number: 121 SSM 4
People v. Ippolito  
Date: April 2, 2013
Citation: 2013 NY Slip Op 02159
Docket Number: 32

Justia Opinion Summary: After a jury trial, Defendant, an accountant, was convicted of one count of second-degree larceny and several counts second-degree criminal possession of a forged instrument (CPFI), forty of which related to checks Defen...

People v Monroe
Date: April 2, 2013
Citation: 2013 NY Slip Op 02160
Docket Number: 41
People v. Griffin  
Date: April 2, 2013
Citation: 2013 NY Slip Op 02161
Docket Number: 46

Justia Opinion Summary: Upon Defendant's arraignment on charges of attempted robbery and robbery, the Legal Aid Society was assigned as Defendant's counsel. The Legal Aid Society later requested an adjournment date that would allow for a new Le...

City of Yonkers v. Yonkers Fire Fighters, Local 628  
Date: April 2, 2013
Citation: 2013 NY Slip Op 02162
Docket Number: 48

Justia Opinion Summary: In 2002, the City of Yonkers and Yonkers Fire Fighters entered into a collective bargaining agreement (CBA). Pursuant to the CBA, the City offered its firefighters the option of enrolling in retirement plans in which the...

Matter of City of Oswego v Oswego City Firefighters Assn., Local 2707
Date: April 2, 2013
Citation: 2013 NY Slip Op 02163
Docket Number: 49
Oakes v. Patel  
Date: April 2, 2013
Citation: 2013 NY Slip Op 02164
Docket Number: 51

Justia Opinion Summary: Plaintiff suffered symptoms that resulted from an aneurysm in a blood vessel near his brain. The aneurysm went undetected until it ruptured twenty days later, causing a severe stroke that left Plaintiff permanently disab...

Overstock.com, Inc. v State Dep't of Taxation & Fin.  
Date: March 28, 2013
Citation: 2013 NY Slip Op 02102
Docket Number: 33

Justia Opinion Summary: Plaintiffs in this case were Amazon.com and Overstock.com. Both companies were formed in states other than New York, were located in states other than New York, and sold their merchandise solely through the Internet. At...

People v. Handy  
Date: March 28, 2013
Citation: 2013 NY Slip Op 02103
Docket Number: 35

Justia Opinion Summary: Defendant was charged with assaulting three deputy sheriffs while he was an inmate in county jail. At trial, Defendant testified that one deputy, Saeva, had started the physical fight. Defendant also denied kicking at or...

People v Cornelius
Date: March 28, 2013
Citation: 2013 NY Slip Op 02104
Docket Number: 36
Hecker v State of New York
Date: March 28, 2013
Citation: 2013 NY Slip Op 02105
Docket Number: 38
People v. Hanley  
Date: March 28, 2013
Citation: 2013 NY Slip Op 02106
Docket Number: 45

Justia Opinion Summary: Defendant was indicted for second-degree kidnapping, two counts of second-degree weapon possession, and first-degree reckless endangerment. Defendant pled guilty to the charges. On appeal, Defendant sought reversal of th...

People v. Adams  
Date: March 28, 2013
Citation: 2013 NY Slip Op 02107
Docket Number: 47

Justia Opinion Summary: Complainant, a sitting Rochester City Court Judge, accused Defendant of sending her three offensive text messages. Defendant was charged with two misdemeanor counts of aggravated harassment in the second degree. A visiti...

Kasowitz, Benson, Torres & Friedman, LLP v Duane Reade
Date: March 26, 2013
Citation: 2013 NY Slip Op 01997
Docket Number: 119 SSM 51
People v Nesbitt
Date: March 26, 2013
Citation: 2013 NY Slip Op 01990
Docket Number: 28
Gelman v. Buehler  
Date: March 26, 2013
Citation: 2013 NY Slip Op 01991
Docket Number: 37

Justia Opinion Summary: Plaintiff and Defendant formed a partnership by oral agreement. Defendant later withdrew from the venture after Plaintiff refused his demand for majority ownership of the partnership. Plaintiff sued Defendant for breach...

People v. DeProspero  
Date: March 26, 2013
Citation: 2013 NY Slip Op 01992
Docket Number: 44

Justia Opinion Summary: Pursuant to a warrant executed in May 2009, law enforcement found a single pornographic image of a child on Defendant's computer. In September 2009, Defendant pled guilty to possessing a sexual performance of a child. In...

Orsi v Haralabatos
Date: March 26, 2013
Citation: 2013 NY Slip Op 01993
Docket Number: 50
People v. Diaz  
Date: March 26, 2013
Citation: 2013 NY Slip Op 01994
Docket Number: 52

Justia Opinion Summary: After a jury trial, Defendant was convicted of course of sexual conduct against a child in the second degree and endangering the welfare of a child. The appellate division reversed and remitted the matter for a new trial...

People v. Williams  
Date: March 26, 2013
Citation: 2013 NY Slip Op 01995
Docket Number: 53

Justia Opinion Summary: Defendant was charged with various sex crimes pertaining to separate incidents involving two twelve-year-old girls. During the trial, the People presented the testimony of an expert witness on the subject of child sexual...

M&T Real Estate Trust v. Doyle  
Date: March 26, 2013
Citation: 2013 NY Slip Op 01996
Docket Number: 55

Justia Opinion Summary: M&T Real Estate Trust foreclosed on commercial mortgages executed by Defendant. After a public auction, the referee sold M&T the property. M&T's attorney twice declined to accept or retain physical possession of the refe...

People v Rodriguez
Date: March 21, 2013
Citation: 2013 NY Slip Op 01872
Docket Number: 120 SSM 3
Howard v. Stature Elec., Inc.  
Date: March 21, 2013
Citation: 2013 NY Slip Op 01866
Docket Number: 29

Justia Opinion Summary: Claimant sustained a back injury while employed by Respondent. Claimant applied for and received workers' compensation benefits. Later, Claimant entered a plea of guilty to insurance fraud in the fourth degree by enterin...

People v. McGee  
Date: March 21, 2013
Citation: 2013 NY Slip Op 01867
Docket Number: 30

Justia Opinion Summary: After a joint trial with his co-defendant, Defendant was convicted on an accomplice theory of reckless endangerment in the first degree and attempted murder in the first degree. The appellate division affirmed. The Court...

Marinaccio v. Town of Clarence  
Date: March 21, 2013
Citation: 2013 NY Slip Op 01868
Docket Number: 31

Justia Opinion Summary: Plaintiff and Defendant were adjoining landowners. Defendant sought to develop a residential subdivision on his land. The Town approved a plan that required water from the west side of the development to flow into a stor...

People v Norris
Date: March 21, 2013
Citation: 2013 NY Slip Op 01869
Docket Number: 39
White v. Farrell  
Date: March 21, 2013
Citation: 2013 NY Slip Op 01870
Docket Number: 43

Justia Opinion Summary: The Whites signed a contract to buy the Farrells' property and tendered a $25,000 deposit. The Whites later terminated the contract due to a faulty "drainage situation." The Whites subsequently sued the Farrells to recov...

Matter of Duarte v City of New York
Date: March 21, 2013
Citation: 2013 NY Slip Op 01871
Docket Number: 54
Beck-Nichols v. Bianco  
Date: February 19, 2013
Citation: 2013 NY Slip Op 01015
Docket Number: 20

Justia Opinion Summary: These three cases stemmed from a residency policy that called for employees of the City of Niagara Falls School District hired or promoted after the policy's effective date to reside in the City and maintain residency th...

People v. Vasquez  
Date: February 19, 2013
Citation: 2013 NY Slip Op 01016
Docket Number: 24

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted robbery, menacing, and possession of a weapon. Defendant appealed, arguing that the People violated N.Y. Crim. Proc. 710.30, which Defendant argued entitled him to...

M.G.M. Insulation, Inc. v. Gardner  
Date: February 19, 2013
Citation: 2013 NY Slip Op 01017
Docket Number: 4

Justia Opinion Summary: The Bath Volunteer Fire Department (BVFD), a not-for-profit fire corporation, obtained its own financing for the construction of a new firehouse and hired Petitioner as the general contractor. The Department of Labor sub...

Matter of New York State Off. of Victim Servs. v Raucci
Date: February 19, 2013
Citation: 2013 NY Slip Op 01018
Docket Number: 6
Matter of Saperston v Holdaway
Date: February 19, 2013
Citation: 2013 NY Slip Op 01020
Docket Number: 85 SSM 49
People v. Pealer  
Date: February 19, 2013
Citation: 2013 NY Slip Op 01019
Docket Number: 9

Justia Opinion Summary: After his vehicle was stopped by a police officer, Defendant was arrested for driving while intoxicated, and a breathalyzer test computed his blood alcohol content at close to twice the legal limit. Defendant was subsequ...

Sunrise Check Cashing & Payroll Servs., Inc. v. Town of Hempstead  
Date: February 14, 2013
Citation: 2013 NY Slip Op 00949
Docket Number: 12

Justia Opinion Summary: A building zone ordinance of the Town of Hemptead provided that in any use district, with the exception of two districts, check-cashing establishments were expressly prohibited. In a memorandum supporting the provision,...

Auqui v Seven Thirty One Ltd. Partnership
Date: February 14, 2013
Citation: 2013 NY Slip Op 00950
Docket Number: 18
Fund. Long Term Care Holdings, LLC v. Cammeby's Funding, LLC  
Date: February 14, 2013
Citation: 2013 NY Slip Op 00951
Docket Number: 22

Justia Opinion Summary: Cammeby's Funding LLC (Cam Funding) and Fundamental Long Term Care Holdings LLC (Fundamental) entered into an option agreement entitling Cam Funding to acquire one-third of Fundamental's membership units for a strike pri...

Schron v. Troutman Saunders LLP  
Date: February 14, 2013
Citation: 2013 NY Slip Op 00952
Docket Number: 23

Justia Opinion Summary: In one agreement, Cammeby's Equity Holdings LLC (Cam Equity) received an option to acquire 99.99 percent of the ownership units of SVCare at the strike price of $100 million. In a second agreement, Cammeby's Funding III...

Perez v. Rhea  
Date: February 14, 2013
Citation: 2013 NY Slip Op 00953
Docket Number: 26

Justia Opinion Summary: Petitioner was a tenant in a New York City Housing Authority (NYCHA) public housing apartment. After Petitioner became employed, she failed to disclose her new earnings to her landlord, an omission that allowed her to pa...

Ward v City of Long Beach
Date: February 14, 2013
Citation: 2013 NY Slip Op 00954
Docket Number: 3
People v Abreu
Date: February 14, 2013
Citation: 2013 NY Slip Op 00955
Docket Number: 82 SSM 42
People v. Warren  
Date: February 12, 2013
Citation: 2013 NY Slip Op 00881
Docket Number: 13

Justia Opinion Summary: Defendant and three codefendants - Eric Young, Marvin Howard and Nathaniel Williams - were jointly indicted on a theory of accomplice liability for second-degree murder and second-degree weapon possession. Young and Howa...

People v. Palmer  
Date: February 12, 2013
Citation: 2013 NY Slip Op 00882
Docket Number: 14

Justia Opinion Summary: Under the Sex Offender and Registration Act (SORA), offenders are assessed fifteen points if they have a history of drug or alcohol abuse or if they were abusing drugs or alcohol at the time of their sex offense. At issu...

People v Lassalle
Date: February 12, 2013
Citation: 2013 NY Slip Op 00883
Docket Number: 25
People v. Belliard  
Date: February 12, 2013
Citation: 2013 NY Slip Op 00884
Docket Number: 5

Justia Opinion Summary: Defendant was charged with criminal possession of a controlled substance in the first and third degrees and criminal possession of a weapon in the second degree. Defendant pleaded guilty to all three counts. At the time...

Matter of Bellamy v New York City Police Dept.
Date: February 12, 2013
Citation: 2013 NY Slip Op 00886
Docket Number: 83 SSM 1
U.S. Fid. & Guar. Co. v. Am. Re-Ins. Co.  
Date: February 7, 2013
Citation: 2013 NY Slip Op 00784
Docket Number: 1

Justia Opinion Summary: An insurance company (USF&G), having settled asbestos claims for nearly a billion dollars, sought to recover a share of its settlement payment from its reinsurers. Supreme Court granted summary judgment to USF&G. The App...

Miglino v. Bally Total Fitness of Greater N.Y., Inc.  
Date: February 7, 2013
Citation: 2013 NY Slip Op 00780
Docket Number: 10

Justia Opinion Summary: In 2007, Plaintiff's father (Decedent) collapsed and at a health club owned and operated by Bally Total Fitness of Greater New York, Inc. (Bally). Ambulance personnel administered shocks to Decedent with an automatic ext...

People v. Baker  
Date: February 7, 2013
Citation: 2013 NY Slip Op 00782
Docket Number: 16

Justia Opinion Summary: Following a verbal exchange between Defendant and a police officer in which Defendant swore at the officer and accused the officer of harassing him, Defendant was arrested for disorderly conduct. In a search incident to...

Caldwell v. Cablevision Sys. Corp.  
Date: February 7, 2013
Citation: 2013 NY Slip Op 00783
Docket Number: 19

Justia Opinion Summary: After falling on the street and injuring her leg, Plaintiff commenced this negligence action against Communications Specialists, Inc. (CSI) for creating a hazardous condition in the road by failing to properly pave over...

Montas v JJC Constr. Corp.
Date: February 7, 2013
Citation: 2013 NY Slip Op 00785
Docket Number: 2
People v Watson
Date: February 7, 2013
Citation: 2013 NY Slip Op 00786
Docket Number: 7
Matter of Amedore v Peterson
Date: January 16, 2013
Citation: 2013 NY Slip Op 00163
Docket Number: 2013-72
Matter of Commissioner of Social Servs. v Julio J.
Date: January 10, 2013
Citation: 2013 NY Slip Op 00115
Docket Number: 57 SSM 44
People v Johnson
Date: January 8, 2013
Citation: 2013 NY Slip Op 00029
Docket Number: 56 SSM 34
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