New York Court of Appeals Decisions 2014

Gammons v. City of New York  
Date: December 18, 2014
Citation: 2014 NY Slip Op 08869
Docket Number: 220

Justia Opinion Summary: Plaintiff was a police officer with the New York City Police Department when she was injured while loading wooden police barriers onto a police flatbed truck. Plaintiff sued the City of New York and the New York City Pol...

Ford v. N.Y. State Racing & Wagering Bd.  
Date: December 18, 2014
Citation: 2014 NY Slip Op 08870
Docket Number: 225

Justia Opinion Summary: At issue in this case was the validity of a rule promulgated by the New York State Racing and Wagering Board (Respondent) mandating out-of-competition race horse drug testing. Petitioners commenced this hybrid article 78...

People v Giles
Date: December 18, 2014
Citation: 2014 NY Slip Op 08871
Docket Number: 226
172 Van Duzer Realty Corp. v Globe Alumni Student Assistance Ass’n, Inc.  
Date: December 18, 2014
Citation: 2014 NY Slip Op 08872
Docket Number: 228

Justia Opinion Summary: Plaintiff, a property owner, and Defendant, a tenant, entered into a one-year commercial rental lease agreement. Prior to the end of the one-year term, the parties extended the lease for a nine-year term. Several months...

People v. Johnson  
Date: December 17, 2014
Citation: 2014 NY Slip Op 08787
Docket Number: 218

Justia Opinion Summary: Defendant was arrested for burglary and, in an attempt to obtain leniency, told the police that a friend of his admitted that he stabbed a man at the supermarket. Defendant was represented by his lawyer at the meeting. A...

Trump Vill. Section 3, Inc. v. City of New York  
Date: December 17, 2014
Citation: 2014 NY Slip Op 08788
Docket Number: 221

Justia Opinion Summary: Plaintiff, which owns a residential co-op complex with 1,674 residential apartments, was incorporated in 1961 as a Mitchell-Lama cooperative housing corporation pursuant to the Limited-Profit Housing Companies Law. In 20...

State v. Michael M.  
Date: December 17, 2014
Citation: 2014 NY Slip Op 08789
Docket Number: 224

Justia Opinion Summary: Respondent pleaded guilty to sex offenses, including sexual abuse in the first decree. When Respondent’s term of imprisonment neared its end, the State commenced a civil commitment proceeding against him pursuant to N.Y....

Matter of Lozinak v Board of Educ. of Williamsville Cent. Sch.
Date: December 17, 2014
Citation: 2014 NY Slip Op 08790
Docket Number: 236 SSM 25
Heltz v Barratt
Date: December 17, 2014
Citation: 2014 NY Slip Op 08791
Docket Number: 237 SSM 28
People v. Reid  
Date: December 16, 2014
Citation: 2014 NY Slip Op 08759
Docket Number: 205

Justia Opinion Summary: A police officer stopped the car Defendant was driving due to traffic violations. After observing that Defendant appeared to be intoxicated, the officer asked Defendant to step out of the car and then patted him down. Th...

People v. Jones  
Date: December 16, 2014
Citation: 2014 NY Slip Op 08760
Docket Number: 219

Justia Opinion Summary: After a jury trial in 1981, Defendant was convicted of rape in the first degree, murder in the second degree, and attempted robbery in the first degree. During trial, Defendant pursued a mistaken identity defense. Defend...

People v On Sight Mobile Opticians
Date: December 16, 2014
Citation: 2014 NY Slip Op 08761
Docket Number: 222
Rigano v. Vibar Constr., Inc.  
Date: December 16, 2014
Citation: 2014 NY Slip Op 08762
Docket Number: 223

Justia Opinion Summary: Nick Rigano purchased certain property and George Vignogna, through Vibar Construction Corp., agreed to develop the property. Vibar constructed a common driveway to access the property, but Rigano failed to compensate it...

People v Ingram
Date: December 16, 2014
Citation: 2014 NY Slip Op 08763
Docket Number: 235 SSM 24
Nesmith v Allstate Ins. Co.  
Date: November 25, 2014
Citation: 2014 NY Slip Op 08217
Docket Number: 187

Justia Opinion Summary: Allstate Insurance Company issued a policy of liability insurance to the landlord of a two-family house. The policy, which was renewed annually for the next two years, stated a $500,000 limit for “each occurrence” and co...

Sue/Perior Concrete & Paving, Inc. v. Corporation  
Date: November 25, 2014
Citation: 2014 NY Slip Op 08218
Docket Number: 196

Justia Opinion Summary: At issue in this case was whether Lewiston Golf Course Corporation, an indirect, wholly owned subsidiary of the Seneca Nation of Indians, a federal recognized Indian tribe, was protected from suit by the Seneca Nation’s...

Kimso Apts., LLC v. Gandhi  
Date: November 25, 2014
Citation: 2014 NY Slip Op 08219
Docket Number: 197

Justia Opinion Summary: Mahesh Gandhi and his two associates held equal interests in three corporations. The corporations secured a loan, part of which was loaned to the partners, of which Gandhi received a portion pursuant to promissory notes...

People v Argyris
Date: November 25, 2014
Citation: 2014 NY Slip Op 08220
Docket Number: 198
People v Spears
Date: November 25, 2014
Citation: 2014 NY Slip Op 08221
Docket Number: 204
People v. Allen  
Date: November 25, 2014
Citation: 2014 NY Slip Op 08222
Docket Number: 206

Justia Opinion Summary: Defendant was convicted of second-degree murder and attempted second-degree murder, among other charges. Defendant appealed, arguing, inter alia, that the count of the indictment charging him with attempted murder was re...

D.T. v Rich
Date: November 25, 2014
Citation: 2014 NY Slip Op 08223
Docket Number: 207
Borden v. 400 E. 55th St. Assoc., L.P.  
Date: November 24, 2014
Citation: 2014 NY Slip Op 08211
Docket Number: 182

Justia Opinion Summary: In these three putative class actions, Plaintiffs, current or former tenants of separate apartment buildings, sought damages for rent overcharges. All plaintiffs initially sought treble damages but then waived that deman...

People v. DeLee  
Date: November 24, 2014
Citation: 2014 NY Slip Op 08212
Docket Number: 189

Justia Opinion Summary: Defendant was indicted for second-degree murder as a hate crime and second-degree murder. A jury convicted Defendant of the lesser included offense of first-degree manslaughter as a hate crime and acquitted him of the le...

Coleson v. City of New York  
Date: November 24, 2014
Citation: 2014 NY Slip Op 08213
Docket Number: 191

Justia Opinion Summary: After Plaintiff, Jandy Coleson, applied for an order of protection from her husband, Samuel Coleson (Coleson), New York City police officers escorted Plaintiff to a safe house and assured Plaintiff that Coleson had been...

Strauss Painting, Inc. v. Mt. Hawley Ins. Co.  
Date: November 24, 2014
Citation: 2014 NY Slip Op 08214
Docket Number: 203

Justia Opinion Summary: Strauss Painting, Inc./Creative Finishes, Ltd. contracted with the Metropolitan Opera Association, Inc. to perform work on the Met’s premises. At the time Strauss/Creative contracted with the Met, Strauss had in place a...

People v. Silva  
Date: November 24, 2014
Citation: 2014 NY Slip Op 08215
Docket Numbers: 208, 209

Justia Opinion Summary: The defendants in these two separate criminal cases were convicted of criminal offenses by a jury. The two juries each sent notes to the court requesting specific information for use in deliberations. The transcripts did...

Sierra v. 4401 Sunset Park, LLC  
Date: November 24, 2014
Citation: 2014 NY Slip Op 08216
Docket Number: 216

Justia Opinion Summary: The owner and managing agent of an apartment building (collectively, the insureds) were insureds under two different policies: they were named insureds under their own policy and additional insureds under a policy obtain...

Matter of Santiago-Monteverde  
Date: November 20, 2014
Citation: 2014 NY Slip Op 08051
Docket Number: 180

Justia Opinion Summary: Debtor lived in a rent-stabilized apartment for over forty years. Debtor filed for Chapter 7 bankruptcy and listed the value of her unexpired rent-stabilized lease as personal property exempt from the bankruptcy estate u...

Matter of Kigin v. State Workers' Comp. Bd.  
Date: November 20, 2014
Citation: 2014 NY Slip Op 08052
Docket Number: 181

Justia Opinion Summary: In 2010, the Workers’ Compensation Board (“Board”) adopted Medical Treatment Guidelines, which include a list of pre-authorized medical procedures and set forth limitations on the scope and duration of each procedure. Th...

Matter of New York City Asbestos Litig.  
Date: November 20, 2014
Citation: 2014 NY Slip Op 08053
Docket Number: 185

Justia Opinion Summary: George Andrucki and his wife served on the Port Authority’s World Trade Center a notice of claim for personal injury from asbestos. Andrucki later died of his injuries, and his widow became his administratrix. Mrs. Andru...

Paterno v. Laser Spine Inst.  
Date: November 20, 2014
Citation: 2014 NY Slip Op 08054
Docket Number: 186

Justia Opinion Summary: Plaintiff filed a medical malpractice action in New York against Laser Spine Institute (LSI) and various LSI professionals after undergoing unsuccessful back surgeries at an LSI facility in Tampa, Florida. Defendants mov...

Frezzell v. City of New York  
Date: November 20, 2014
Citation: 2014 NY Slip Op 08055
Docket Number: 188

Justia Opinion Summary: Plaintiff, an on-duty New York City police officer, was injured in an automobile collision that occurred when Plaintiff’s vehicle collided with another patrol vehicle driven by Steve Tompos, another police officer respon...

Matter of Kilduff v. Rochester City Sch. Dist.  
Date: November 20, 2014
Citation: 2014 NY Slip Op 08056
Docket Number: 192

Justia Opinion Summary: After School District notified Petitioner, a tenured school social worker, that she was to be suspended without pay for misconduct, Petitioner made a written request for a hearing on the specifications pursuant to N.Y. E...

People v Caza
Date: November 20, 2014
Citation: 2014 NY Slip Op 08058
Docket Number: 231 SSM 23
People v Davis
Date: November 20, 2014
Citation: 2014 NY Slip Op 08057
Docket Number: 232 SSM 22
Matter of Gorman v Rice
Date: November 18, 2014
Citation: 2014 NY Slip Op 07923
Docket Number: 190
People v. Grubstein  
Date: November 18, 2014
Citation: 2014 NY Slip Op 07924
Docket Number: 193

Justia Opinion Summary: In 2008, Defendant pleaded guilty pro se in Town Court to a misdemeanor charge of driving while intoxicated. Defendant took no appeal. In 2010, Defendant was charged with a felony under N.Y. Veh. & Traf. Law 1193(1)(c)(k...

People v Hill
Date: November 18, 2014
Citation: 2014 NY Slip Op 07925
Docket Number: 194
Motelson v Ford Motor Co.
Date: November 18, 2014
Citation: 2014 NY Slip Op 07926
Docket Number: 195
Branic Intl. Realty Corp. v Pitt
Date: November 18, 2014
Citation: 2014 NY Slip Op 07927
Docket Number: 200
Matter of Merry-Go-Round Playhouse, Inc. v. Assessor of City of Auburn  
Date: November 18, 2014
Citation: 2014 NY Slip Op 07928
Docket Number: 201

Justia Opinion Summary: Petitioner Merry-Go-Round Playhouse, a not-for profit theater corporation, owned real property that it used to house its staff and summer stock actors. Petitioner filed applications for real property tax exemptions under...

Matter of Maetreum of Cybele, Magna Mater, Inc. v McCoy
Date: November 18, 2014
Citation: 2014 NY Slip Op 07929
Docket Number: 202
Nguyen v. Holder  
Date: October 28, 2014
Citation: 2014 NY Slip Op 07290
Docket Number: 146

Justia Opinion Summary: Petitioner, a citizen of Vietnam, was married in New York to Vu Truong, a naturalized American citizen. Petitioner was later granted the status of a conditional permanent resident in the United States on the basis of her...

Matter of Lawrence  
Date: October 28, 2014
Citation: 2014 NY Slip Op 07291
Docket Number: 149

Justia Opinion Summary: Beginning in 1983, Defendant law firm represented Alice Lawrence and her three children in litigation arising from the death of her husband and their father, a real estate developer. For over three decades, Lawrence and...

People v. Sweat  
Date: October 28, 2014
Citation: 2014 NY Slip Op 07292
Docket Number: 159

Justia Opinion Summary: Defendant testified at a grand jury proceeding against his brother and received transactional immunity but subsequently refused to testify at his brother's trial. The court cited Defendant for contempt and ordered him to...

People v. Dunbar  
Date: October 28, 2014
Citation: 2014 NY Slip Op 07293
Docket Number: 169

Justia Opinion Summary: In 2007, the Queens County District Attorney implemented a central booking pre-arraignment interview program consisting of a structured, videotaped interview conducted by members of the District Attorney’s staff with a s...

People v Polhill
Date: October 28, 2014
Citation: 2014 NY Slip Op 07294
Docket Number: 171
Matter of State of New York v. Donald DD  
Date: October 28, 2014
Citation: 2014 NY Slip Op 07295
Docket Numbers: 172, 173

Justia Opinion Summary: In these two matters, the State commenced civil commitment proceedings against Kenneth T. and Donald DD under N.Y. Mental Hyg. Law 10. After trials were held in both cases, it was found that the men had a condition, dise...

People v. Kims  
Date: October 23, 2014
Citation: 2014 NY Slip Op 07196
Docket Number: 155

Justia Opinion Summary: After a jury trial, Defendant was convicted of criminal possession of a controlled substance in the first and third degrees, criminal possession of marihuana, and two counts of criminally using drug paraphernalia. The Ap...

Ellington v. EMI Music, Inc.  
Date: October 23, 2014
Citation: 2014 NY Slip Op 07197
Docket Number: 156

Justia Opinion Summary: Plaintiff Paul Ellington, an heir and grandson of Duke Ellington, filed this breach of contract action to recover royalties allegedly due under a royalty provision contained in a 1961 United States copyright renewal Agre...

Ramos v. SimplexGrinnell LP  
Date: October 23, 2014
Citation: 2014 NY Slip Op 07198
Docket Number: 160

Justia Opinion Summary: At issue in this lawsuit was whether workers engaged in testing and inspection of fire protection equipment are covered by New York’s prevailing wage statute. The New York State Department of Labor issued an opinion lett...

Motorola Credit Corp. v Standard Chartered Bank  
Date: October 23, 2014
Citation: 2014 NY Slip Op 07199
Docket Number: 162

Justia Opinion Summary: At issue in this case was whether the “separate entity” rule continues to be valid law and serves to prevent a judgment creditor from ordering a garnishee bank operating branches in New York to restrain a judgment debtor...

People v. Turner  
Date: October 23, 2014
Citation: 2014 NY Slip Op 07200
Docket Number: 164

Justia Opinion Summary: Defendant pleaded guilty to an indictment charging her with attempted murder in the second degree with the understanding that the county court would impose a fifteen-year term of imprisonment. The county court imposed th...

People v. Ludwig  
Date: October 23, 2014
Citation: 2014 NY Slip Op 07201
Docket Number: 166

Justia Opinion Summary: Defendant was indicted on one count of predatory sexual assault against a child for engaging in two or more acts of sexual conduct with the Complainant, who was less than thirteen years old. After a jury trial, Defendant...

People v Cullen
Date: October 23, 2014
Citation: 2014 NY Slip Op 07202
Docket Number: 167
People v Moore
Date: October 23, 2014
Citation: 2014 NY Slip Op 07203
Docket Number: 230 SSM 19
Davis v. Boeheim  
Date: October 21, 2014
Citation: 2014 NY Slip Op 07083
Docket Number: 145

Justia Opinion Summary: Plaintiffs, Robert Davis and Michael Lang, commenced this action against Defendants, Syracuse University and James Boeheim, the University’s head basketball coach, for defamation based on statements made by Boeheim in re...

Powers v. 31 E 31 LLC  
Date: October 21, 2014
Citation: 2014 NY Slip Op 07084
Docket Number: 153

Justia Opinion Summary: Plaintiff sustained debilitating injuries after exiting an apartment through a window and falling off an unguarded edge of a setback roof into an air shaft. Plaintiff commenced this personal injury action against Defenda...

People v. McLean  
Date: October 21, 2014
Citation: 2014 NY Slip Op 07085
Docket Number: 154

Justia Opinion Summary: Defendant was serving a sentence for his robbery conviction when he was interviewed in the absence of counsel regarding a murder. Before Defendant was interviewed about the murder, the lawyer who represented Defendant in...

People v. Blake  
Date: October 21, 2014
Citation: 2014 NY Slip Op 07086
Docket Number: 158

Justia Opinion Summary: Following a jury trial, Defendant was convicted of three counts of attempted second degree murder, two counts of first degree assault, assault in the second degree, reckless endangerment in the first degree, and related...

People v. O'Daniel  
Date: October 21, 2014
Citation: 2014 NY Slip Op 07087
Docket Number: 161

Justia Opinion Summary: Defendant retained attorney Martineau to represent him on several criminal charges. When Martineau’s health declined, Defendant’s file was delivered to attorney Bruno. A week before trial was due to begin, Bruno moved, u...

People v Horton
Date: October 21, 2014
Citation: 2014 NY Slip Op 07088
Docket Number: 163
Grace v. Law  
Date: October 21, 2014
Citation: 2014 NY Slip Op 07089
Docket Number: 165

Justia Opinion Summary: Plaintiff retained Attorneys to pursue a medical malpractice action against the Veteran’s Administration, the University of Rochester, and an opthalmologist. A federal district court disposed of the majority of Plaintiff...

Matter of Smith v Brown
Date: October 21, 2014
Citation: 2014 NY Slip Op 07090
Docket Number: 168
People v Rossi
Date: October 16, 2014
Citation: 2014 NY Slip Op 07006
Docket Number: 147
People v. Jenkins  
Date: October 16, 2014
Citation: 2014 NY Slip Op 07007
Docket Number: 148

Justia Opinion Summary: After hearing gunshots in an apartment building, police officers pursued Defendant into an apartment, searched the apartment, and located Defendant and his cohort hiding under a bed. Defendant was placed under placed in...

Matter of Colin Realty Co., LLC v. Town of N. Hempstead  
Date: October 16, 2014
Citation: 2014 NY Slip Op 07008
Docket Number: 150

Justia Opinion Summary: Applicants sought approval from the Town of North Hempstead Board of Zoning and Appeals (the Board) to place a full-service restaurant in a storefront that had most recently housed a retail gift shop. Restaurants in this...

Matter of Town of N. Hempstead v. County of Nassau  
Date: October 16, 2014
Citation: 2014 NY Slip Op 07009
Docket Number: 151

Justia Opinion Summary: At issue in this case was whether the Education Law permits Nassau County to charge back to the Town of North Hempstead amounts the County paid on behalf of Town residents attending the Fashion Institute of Technology (F...

People v. Coleman  
Date: October 16, 2014
Citation: 2014 NY Slip Op 07010
Docket Number: 152

Justia Opinion Summary: The Drug Law Reform Act of 2009 (DLRA) denies remedial resentencing to offenders serving sentences for “exclusion offenses,” including offenses for which a merit time allowance is not available. At issue in this case was...

Pelletier v Lahm
Date: October 16, 2014
Citation: 2014 NY Slip Op 07011
Docket Number: 229 SSM 21
People v Wells
Date: October 16, 2014
Citation: 2014 NY Slip Op 07012
Docket Number: 42
People v Perales
Date: September 16, 2014
Citation: 2014 NY Slip Op 06159
Docket Number: 215 SSM 12
Matter of Candino v Starpoint Cent. School Dist.
Date: September 4, 2014
Citation: 2014 NY Slip Op 06016
Docket Number: 214 SSM 17
Matter of Ward v City of New York
Date: August 28, 2014
Citation: 2014 NY Slip Op 06006
Docket Number: 212 SSM 16
Matter of Barto
Date: July 16, 2014
Citation: 2014 NY Slip Op 05289
People v. Maldonado  
Date: July 1, 2014
Citation: 2014 NY Slip Op 04878
Docket Number: 135

Justia Opinion Summary: Defendant was charged with numerous crimes arising from his theft of a minivan and the death of a pedestrian that the minivan struck during a high-speed police chase. After a jury trial, Defendant was found guilty of dep...

In re Thelen LLP  
Date: July 1, 2014
Citation: 2014 NY Slip Op 04879
Docket Number: 136

Justia Opinion Summary: These two cases involved the dissolution of two separate law firms. After the law firms’ dissolution, the partners joined other law firms, which took on unfinished legal matters from the dissolved law firms’ former clie...

Reis v. Volvo Cars of N. Am.  
Date: July 1, 2014
Citation: 2014 NY Slip Op 04880
Docket Number: 138

Justia Opinion Summary: Plaintiff brought an action against Volvo Cars of North America, alleging defective design of a product. The case proceeded to trial. At Plaintiff’s request, the trial court included a pattern jury instruction to charge...

People v. Marquan M.  
Date: July 1, 2014
Citation: 2014 NY Slip Op 04881
Docket Number: 139

Justia Opinion Summary: Defendant, a high school student, anonymously posted sexual information and photographs of fellow classmates and other adolescents on Facebook, a social networking website. Defendant was charged with and pleaded guilty t...

Vega v 103 Thayer St., LLC
Date: July 1, 2014
Citation: 2014 NY Slip Op 04882
Docket Number: 179 SSM 15
People v. Baret  
Date: June 30, 2014
Citation: 2014 NY Slip Op 04872
Docket Number: 105

Justia Opinion Summary: In 1996, Defendant pleaded guilty to third-degree sale of a controlled substance. In 2010, citing Padilla v. Kentucky, Defendant moved to vacate his conviction on the ground that defense counsel was ineffective for faili...

Lynch v. City of New York  
Date: June 30, 2014
Citation: 2014 NY Slip Op 04873
Docket Number: 119

Justia Opinion Summary: New York City police officers and firefighters appointed on or after July 1, 2009 are tier three members of the New York City Police Pension Fund and the New York City Fire Department Pension Fund. Petitioners filed a co...

People v. Haggerty  
Date: June 30, 2014
Citation: 2014 NY Slip Op 04874
Docket Number: 129

Justia Opinion Summary: After a jury trial, Defendant was convicted of grand larceny and money laundering, both in the second degree, for defrauding the former New York City Mayor, Michael Bloomberg, of $750,000. The Appellate Division affirmed...

Wallach v. Town of Dryden  
Date: June 30, 2014
Citation: 2014 NY Slip Op 04875
Docket Number: 130

Justia Opinion Summary: These two appeals concerned the efforts of two corporations to explore and develop natural gas resources in two municipalities. In response, both municipalities adopted amendments to their zoning laws that prohibited all...

People v. Garrett  
Date: June 30, 2014
Citation: 2014 NY Slip Op 04876
Docket Number: 133

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of murder in the second degree. The Appellate Division affirmed on direct appeal. Approximately a decade later, Defendant moved to vacate his judgment of convicti...

Boyle v Starwood Hotels & Resorts Worldwide, Inc.
Date: June 30, 2014
Citation: 2014 NY Slip Op 04877
Docket Number: 178 SSM 14
In re Hon. Cathryn M. Doyle  
Date: June 26, 2014
Citation: 2014 NY Slip Op 04801
Docket Number: 106

Justia Opinion Summary: In 2012, Petitioner, the Albany County Surrogate, was served with a complaint alleging three charges of judicial misconduct based on her failure to disqualify herself from matters involving two of her personal attorneys...

Norex Petroleum Ltd. v. Blavatnik  
Date: June 26, 2014
Citation: 2014 NY Slip Op 04802
Docket Number: 121

Justia Opinion Summary: Plaintiff, a resident of Alberta, Canada, commenced an action against Defendants in a New York federal court asserting various RICO claims stemming from a dispute over control of an oil field in Siberia. The Second Circu...

People v. Galindo  
Date: June 26, 2014
Citation: 2014 NY Slip Op 04803
Docket Number: 132

Justia Opinion Summary: Defendant was indicted on two counts of criminal possession of a weapon in the second degree. The jury returned a verdict convicting Defendant of both counts. Defendant appealed, arguing that the trial court erred in ins...

New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Dep’t of Health & Mental Hygiene  
Date: June 26, 2014
Citation: 2014 NY Slip Op 04804
Docket Number: 134

Justia Opinion Summary: In 2012, in an effort to combat obesity among residents of New York City, the New York City Board of Health amended the City Health Code so as to restrict the size of cups and containers used by food service establishmen...

Matter of Costello v New York State Bd. of Parole
Date: June 26, 2014
Citation: 2014 NY Slip Op 04805
Docket Number: 140
People v Johnson
Date: June 26, 2014
Citation: 2014 NY Slip Op 04807
Docket Number: 176 SSM 10
Matter of Boyd v New York State Div. of Hous. & Community Renewal
Date: June 26, 2014
Citation: 2014 NY Slip Op 04806
Docket Number: 177 SSM 13
People v. Gordon  
Date: June 12, 2014
Citation: 2014 NY Slip Op 04227
Docket Number: 100

Justia Opinion Summary: After a jury trial, Defendant was convicted of three robbery counts and one assault count. Defendant appealed, arguing that the evidence was not sufficient to sustain her convictions because, inter alia, the stolen items...

Capruso v. Village of Kings Point  
Date: June 12, 2014
Citation: 2014 NY Slip Op 04228
Docket Number: 102

Justia Opinion Summary: The Village of Kings Point adopted a proposal to build a facility in Kings Point Park. Plaintiffs filed an action against the Village, its Mayor and its Board of Trustees seeking to enjoin the Village’s proposed project...

People v Walston
Date: June 12, 2014
Citation: 2014 NY Slip Op 04229
Docket Number: 111
Hamilton v. Miller  
Date: June 12, 2014
Citation: 2014 NY Slip Op 04230
Docket Number: 113

Justia Opinion Summary: In two personal injury actions, Plaintiffs sued property owners (Defendants), alleging that they suffered numerous injuries from exposure to lead-based paint at Defendants’ properties. Prior to the defense medical examin...

Matter of O'Neill v Pfau
Date: June 12, 2014
Citation: 2014 NY Slip Op 04231
Docket Number: 115
People v. McCray  
Date: June 12, 2014
Citation: 2014 NY Slip Op 04232
Docket Number: 118

Justia Opinion Summary: A person commits burglary in the second degree if a person unlawfully enters a dwelling with intent to commit a crime therein. In this case, Defendant was convicted of two counts of burglary in the second degree for comm...

People v. Andrews  
Date: June 12, 2014
Citation: 2014 NY Slip Op 04233
Docket Number: 93

Justia Opinion Summary: In People v. Syville, the Court of Appeals held that coram nobis may be used to assert a claim that appellate rights were extinguished by ineffective assistance. At issue in these three cases was whether Syville entitled...

Morpheus Capital Advisors, LLC v. UBS AG  
Date: June 10, 2014
Citation: 2014 NY Slip Op 04112
Docket Number: 109

Justia Opinion Summary: Plaintiff entered into a financial brokerage agreement with Defendant providing that Plaintiff would serve as financial advisor and investment banker in the proposed sale of certain student loan assets owned by Defendant...

KeySpan Gas E. Corp. v. Munich Reins. Am., Inc.  
Date: June 10, 2014
Citation: 2014 NY Slip Op 04113
Docket Number: 110

Justia Opinion Summary: Defendants issued excess insurance policies to Plaintiff that required, as a threshold condition for coverage, Plaintiff to provide timely notice of any occurrence that potentially implicated Defendants’ duty of indemnif...

Quadrant Structured Prods. Co., Ltd. v. Vertin  
Date: June 10, 2014
Citation: 2014 NY Slip Op 04114
Docket Number: 112

Justia Opinion Summary: Plaintiff sued several defendants in the Delaware Court of Chancery for alleged wrongdoing related to notes purchased by Plaintiff and issued by one of the defendants. Defendants moved to dismiss, claiming that Plaintiff...

People v. Rivera  
Date: June 10, 2014
Citation: 2014 NY Slip Op 04115
Docket Number: 117

Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree criminal possession of a weapon. The Appellate Division reversed and granted Defendant a new trial, holding that the court’s colloquy with a single juror in th...

Robles v New York City Hous. Auth.
Date: June 10, 2014
Citation: 2014 NY Slip Op 04119
Docket Number: 175 SSM 11
Matter of Working Families Party v. Fisher  
Date: June 10, 2014
Citation: 2014 NY Slip Op 04116
Docket Number: 59

Justia Opinion Summary: The Deputy Chief Administrative Judge for the New York City Courts entered an order relieving a district attorney from an investigation and appointing a special district attorney to conduct the investigation in Donovan’s...

People v. Gillotti  
Date: June 10, 2014
Citation: 2014 NY Slip Op 04117
Docket Number: 97

Justia Opinion Summary: Both Defendants in this case were required to register as a sex offenders pursuant to the Sex Offender Registration Act (SORA). At issue in these cases was the SORA risk assessment guidelines promulgated by the Board of...

State Comm’n on Judicial Conduct v. Rubenstein  
Date: June 10, 2014
Citation: 2014 NY Slip Op 04118
Docket Number: 99

Justia Opinion Summary: Appellant-attorney was criminally prosecuted along with Judge Doe on violations of the campaign finance law. The criminal proceeding was eventually terminated, and the records were sealed. The State Commission on Judicia...

Wittorf v. City of New York  
Date: June 5, 2014
Citation: 2014 NY Slip Op 04037
Docket Number: 101

Justia Opinion Summary: Plaintiff was riding her bike on a roadway that was closed to vehicular traffic for repairs. Plaintiff received permission from Donald Bowles, a supervisor with the Department of Transportation for the City of New York t...

People v. Dumay  
Date: June 5, 2014
Citation: 2014 NY Slip Op 04038
Docket Number: 103

Justia Opinion Summary: Defendant pleaded guilty to obstructing governmental administration in the second degree by preventing a police officer from patrolling the neighborhood. Defendant appealed, arguing that he did not waive prosecution by i...

People v Johnson
Date: June 5, 2014
Citation: 2014 NY Slip Op 04039
Docket Number: 104
People v Wisdom
Date: June 5, 2014
Citation: 2014 NY Slip Op 04040
Docket Number: 107
People v. Fratangelo  
Date: June 5, 2014
Citation: 2014 NY Slip Op 04041
Docket Number: 108

Justia Opinion Summary: Defendant was prosecuted for driving while intoxicated (DWI). During trial, a defense expert opined that Defendant’s blood alcohol concentration (BAC) at the time she was stopped was between .03% and .04%, which was belo...

In re Antwaine T.  
Date: June 5, 2014
Citation: 2014 NY Slip Op 04042
Docket Number: 116

Justia Opinion Summary: When Respondent was fifteen, he was charged with unlawful possession of weapons by persons under sixteen in violation of N.Y. Penal Law 265.05. The charges stemmed from a police officer’s recovery of a machete from Respo...

Catalano v Tanner
Date: June 5, 2014
Citation: 2014 NY Slip Op 04045
Docket Number: 174 SSM 9
Town of Islip v. State Pub. Employment Relations Bd.  
Date: June 5, 2014
Citation: 2014 NY Slip Op 04043
Docket Number: 95

Justia Opinion Summary: After the Town of Islip discontinued the practice of permanently assigning Town-owned vehicles, or “take home” vehicles, to certain employees, the union representing the employees declared that employee use of a Town-own...

IDT Corp. v Tyco Group, S.A.R.L.  
Date: June 5, 2014
Citation: 2014 NY Slip Op 04044
Docket Number: 96

Justia Opinion Summary: IDT Corp. and Tyco International Ltd. litigated and negotiated for fifteen years over the development and use of a telecommunications system. In 2004, IDT claimed that Tyco breached its obligation under a 2000 settlement...

People v. Finch  
Date: May 13, 2014
Citation: 2014 NY Slip Op 03424
Docket Number: 28

Justia Opinion Summary: After a jury trial, Defendant was convicted of trespass and resisting arrest. Defendant appealed, arguing that the arresting officer lacked probable cause to arrest him for trespass because the officer knew that Defendan...

Williams v. Weatherstone  
Date: May 13, 2014
Citation: 2014 NY Slip Op 03425
Docket Number: 68

Justia Opinion Summary: A twelve-year-old middle school student (“student”) was injured when she was struck by a car before an approaching school bus stopped to pick her up. Plaintiff, the student’s mother, filed a personal injury action indivi...

People v. Golb  
Date: May 13, 2014
Citation: 2014 NY Slip Op 03426
Docket Number: 72

Justia Opinion Summary: Defendant, the son of a Dead Sea Scrolls scholar, launched an internet campaign to attack the integrity and harm the reputation of other Dead Sea Scrolls academics and scholars. To accomplish his goal of discrediting and...

Allen B. v. Sproat  
Date: May 13, 2014
Citation: 2014 NY Slip Op 03427
Docket Number: 73

Justia Opinion Summary: Petitioners were found not responsible for crimes they committed by reason of mental disease or defect. Petitioners were eventually released from confinement into the community, subject to a five-year order of conditions...

Webb-Weber v. Cmty. Action for Human Servs., Inc.  
Date: May 13, 2014
Citation: 2014 NY Slip Op 03428
Docket Number: 79

Justia Opinion Summary: After Plaintiff was terminated from her position as chief operating officer for Communication Action for Human Services, Inc., Plaintiff filed suit against Community Action and its chief executive officer (collectively,...

Clemente Bros. Contracting Corp. v Hafner-Milazzo  
Date: May 8, 2014
Citation: 2014 NY Slip Op 03291
Docket Number: 64

Justia Opinion Summary: Corporation, which owned corporate operating accounts at Bank, took out a loan and line of credit. Corporation passed a corporate resolution providing that unless it notified Bank within fourteen days of an improperly pa...

State v. John S.  
Date: May 8, 2014
Citation: 2014 NY Slip Op 03292
Docket Number: 75

Justia Opinion Summary: In 1968, Respondent pleaded guilty to rape and robbery. A federal court later vacated Respondent’s convictions. In 1978, Respondent was convicted of rape in the first degree. After Respondent was released on parole, he p...

State v. Charada T.  
Date: May 8, 2014
Citation: 2014 NY Slip Op 03293
Docket Number: 76

Justia Opinion Summary: Respondent pleaded guilty to several violent sex offenses. As Respondent’s release date approached, the State commenced a N.Y. Mental Hyg. Law 10 proceeding seeking a determination that Respondent was a detained sex offe...

CDR Creances S.A.S. v. Cohen  
Date: May 8, 2014
Citation: 2014 NY Slip Op 03294
Docket Number: 81

Justia Opinion Summary: Plaintiff initiated litigation to recover wrongfully diverted and concealed proceeds of a loan agreement, asserting that Defendants conspired to avoid repayment by denying their ownership and control over entities used t...

People v. Kancharla  
Date: May 8, 2014
Citation: 2014 NY Slip Op 03295
Docket Number: 82

Justia Opinion Summary: A grand jury charged Defendants, the president and CEO of a leading materials testing company and the company’s vice-president, with engaging in a pattern of criminal activity while intentionally conducting and participa...

People v Webb
Date: May 6, 2014
Citation: 2014 NY Slip Op 03194
Docket Number: 142 SSM 37
Santer v. Bd. of Educ. of E. Meadow Union Free Sch. Dist.  
Date: May 6, 2014
Citation: 2014 NY Slip Op 03189
Docket Number: 51

Justia Opinion Summary: Petitioners and other members of the East Meadow Teachers Association displayed picketing signs from their cars parked where parents were dropping their children off at Woodland Middle School. The Board of Education of t...

People v. Washington  
Date: May 6, 2014
Citation: 2014 NY Slip Op 03190
Docket Number: 65

Justia Opinion Summary: Defendant struck and killed a pedestrian while driving an automobile and was subsequently transported to police headquarters. While Defendant’s attorney was pursuing telephone contact with law enforcement personnel, the...

Martin H. Handler, M.D., P.C. v. DiNapoli  
Date: May 6, 2014
Citation: 2014 NY Slip Op 03191
Docket Number: 69

Justia Opinion Summary: Petitioners were two medical providers whose patients included individuals insured by the State’s primary health benefit plan. The State Comptroller reviewed Petitioners’ billing records as part of an audit of billing pr...

Golden v Citibank, N.A.
Date: May 6, 2014
Citation: 2014 NY Slip Op 03192
Docket Number: 71
Empire Ctr. for N.Y. State Policy v. N.Y. State Teachers' Ret. Sys.  
Date: May 6, 2014
Citation: 2014 NY Slip Op 03193
Docket Number: 77

Justia Opinion Summary: Petitioner sought disclosure under the Freedom of Information Law (FOIL) from the New York State Teachers’ Retirement System and the Teachers’ Retirement System of the City of New York (“retirement systems”) of the names...

Bustos v Lenox Hill Hosp.
Date: May 1, 2014
Citation: 2014 NY Slip Op 02974
Docket Number: 141 SSM 7
Matter of Gupta
Date: May 1, 2014
Citation: 2014 NY Slip Op 02968
Docket Number: 37
People v. Lewis  
Date: May 1, 2014
Citation: 2014 NY Slip Op 02969
Docket Number: 39

Justia Opinion Summary: Defendant and his codefendants were charged via a sixty-one count indictment with several crimes arising from a sophisticated scheme to steal property through the use of forged credit cards. The case proceeded to trial o...

People v. McCray  
Date: May 1, 2014
Citation: 2014 NY Slip Op 02970
Docket Number: 40

Justia Opinion Summary: After a jury trial, Defendant was convicted of rape. During the prosecution, Defendant sought disclosure of the complainant’s mental health records. After an in camera review of the records, which contained thousands of...

Bd. of Managers of French Oaks Condo. v. Town of Amherst  
Date: May 1, 2014
Citation: 2014 NY Slip Op 02971
Docket Number: 66

Justia Opinion Summary: The Board of Managers of the French Oaks Condominium, a residential complex located in the Town of Amherst, commenced a Real Property Tax Law article 7 proceeding against the Town challenging the Town’s tax assessment of...

People v. Smart  
Date: May 1, 2014
Citation: 2014 NY Slip Op 02972
Docket Number: 67

Justia Opinion Summary: After a jury trial, Defendant was charged with burglary in the second degree. The People sought permission to admit a witness’s grand jury testimony into evidence, alleging that Defendant had forfeited his right to precl...

Village of Ilion v. County of Herkimer  
Date: May 1, 2014
Citation: 2014 NY Slip Op 02973
Docket Number: 80

Justia Opinion Summary: This case arose out of dispute over the administration of a workers’ compensation self-insurance plan (“Plan”) administered by Herkimer County. Dozens of municipalities participated in the Plan, including the Village of...

In re Gabriela A.  
Date: April 8, 2014
Citation: 2014 NY Slip Op 02376
Docket Number: 41

Justia Opinion Summary: In 2011, Gabriela A., who was fifteen years old, was adjudicated a person in need of supervision (PINS) and placed on probation. Gabriela was later remanded to a detention facility from which she absconded. Several proba...

People v Sibblies
Date: April 8, 2014
Citation: 2014 NY Slip Op 02377
Docket Number: 44
Palladino v. CNY Centro, Inc.  
Date: April 8, 2014
Citation: 2014 NY Slip Op 02378
Docket Number: 47

Justia Opinion Summary: Appellant was disciplined and then terminated from his employment with his Employer. The Union of which Appellant was a member filed several grievances protesting the discipline and subsequent termination, which were den...

People v. Rivera  
Date: April 8, 2014
Citation: 2014 NY Slip Op 02379
Docket Number: 48

Justia Opinion Summary: Defendant was charged with second-degree murder and criminal possession of a weapon in the fourth-degree. Supreme Court submitted to the jury the indicted charge of second-degree murder and first-degree manslaughter as a...

Matter of Subway Surface Supervisors Assn. v New York City Tr. Auth.
Date: April 8, 2014
Citation: 2014 NY Slip Op 02380
Docket Number: 53
Mashreqbank PSC v. Ahmed Hamad A1 Gosaibi & Bros. Co.  
Date: April 8, 2014
Citation: 2014 NY Slip Op 02381
Docket Number: 54

Justia Opinion Summary: This case arose out of a transaction between a bank located in United Arab Emirates and a partnership which had its headquarters in Saudi Arabia. The bank sued the partnership to collect an alleged debt and chose to do s...

Preferred Mut. Ins. Co. v Donnelly
Date: April 3, 2014
Citation: 2014 NY Slip Op 02328
Docket Number: 128 SSM 6
Kaslow v. City of New York  
Date: April 3, 2014
Citation: 2014 NY Slip Op 02324
Docket Number: 31

Justia Opinion Summary: Petitioner worked at the New York City Department of Environmental Protection (DEP) until April 1991. While employed at DEP, Petitioner was a Tier 4 New York City Employees’ Retirement System (NYCERS) member. Later in Ap...

Albunio v. City of New York  
Date: April 3, 2014
Citation: 2014 NY Slip Op 02325
Docket Number: 49

Justia Opinion Summary: Appellants retained Mary Dorman to represent them in a lawsuit. During the litigation, Dorman and Appellants entered into three separate retainer agreements pertaining to Dorman’s work on the trial, on the appeal to the...

People v. Perez  
Date: April 3, 2014
Citation: 2014 NY Slip Op 02326
Docket Number: 55

Justia Opinion Summary: These four cases involved criminal appeals that were not pursued for more than a decade after the filing of a notice of appeal. The Appellate Division dismissed the appeal in each case. The Court of Appeals (1) affirmed...

Kapon v. Koch  
Date: April 3, 2014
Citation: 2014 NY Slip Op 02327
Docket Number: 63

Justia Opinion Summary: At issue in this case was N.Y. C.P.L.R. 3101(a)(4), which allows a party to obtain discovery from a nonparty. John Kapon was the CEO of Acker, Merrall & Condit Company (AMC), a retailer and auctioneer of fine and rare wi...

433 Sutton Corp. v Broder
Date: April 1, 2014
Citation: 2014 NY Slip Op 02218
Docket Number: 123 SSM 4
Melcher v. Greenberg Traurig, LLP  
Date: April 1, 2014
Citation: 2014 NY Slip Op 02213
Docket Number: 24

Justia Opinion Summary: Plaintiff brought this action for attorney deceit against Defendants. Defendants filed a motion to dismiss, asserting that the lawsuit was precluded by the three-year limitations period in N.Y. C.P.L.R. 214(2). Plaintiff...

People v. Sage  
Date: April 1, 2014
Citation: 2014 NY Slip Op 02214
Docket Number: 32

Justia Opinion Summary: After a jury trial, Defendant was convicted of manslaughter in the first degree. On appeal, Defendant argued that the trial court erred by not submitting to the jury the question of whether the People’s key witness was a...

Hoover v. New Holland N. Am., Inc.  
Date: April 1, 2014
Citation: 2014 NY Slip Op 02215
Docket Number: 36

Justia Opinion Summary: Sixteen-year-old Jessica Bowers sustained severe injuries when she was dragged into the rotating driveline of a tractor-driven post hole digger that was operated by her stepfather, who had borrowed the digger from Peter...

In re Ass’n for a Better Long Island  
Date: April 1, 2014
Citation: 2014 NY Slip Op 02216
Docket Number: 38

Justia Opinion Summary: In 2010, the Department of Environmental Conservation (DEC) adopted amendments to regulations pertaining to the protection of endangered and threatened species. The amendments established a formal process through which i...

People v Johnson
Date: April 1, 2014
Citation: 2014 NY Slip Op 02217
Docket Number: 43
Matter of Ranftle
Date: March 27, 2014
Citation: 2014 NY Slip Op 02102
Docket Number: 122 SSM 3
People v Kasse
Date: March 27, 2014
Citation: 2014 NY Slip Op 02103
Docket Number: 124 SSM 5
Cornell v. 360 W. 51st St. Realty, LLC  
Date: March 27, 2014
Citation: 2014 NY Slip Op 02096
Docket Number: 16

Justia Opinion Summary: Plaintiff resided in an apartment from approximately 1997 until 2003. A corporation owned the building during Plaintiff’s occupancy until shortly before Plaintiff vacated the premises. In 2004, Plaintiff sued the corpora...

People v Zeh
Date: March 27, 2014
Citation: 2014 NY Slip Op 02097
Docket Number: 33
Jacobsen v. New York City Health & Hosps. Corp.  
Date: March 27, 2014
Citation: 2014 NY Slip Op 02098
Docket Number: 34

Justia Opinion Summary: In 1979, Plaintiff began his employment with Defendant, New York City Health and Hospitals Corporation (HHC), where he was eventually promoted to health facilities planner. In 2005, Plaintiff was diagnosed with pneumocon...

People v. Cintron  
Date: March 27, 2014
Citation: 2014 NY Slip Op 02099
Docket Number: 35

Justia Opinion Summary: In 2001, Defendant was found guilty of robbery and other crimes and sentenced to terms of imprisonment. Supreme Court later ordered that Defendant be resentenced, determining that Defendant’s sentence was illegal because...

Isabella v. Koubek  
Date: March 27, 2014
Citation: 2014 NY Slip Op 02100
Docket Number: 45

Justia Opinion Summary: Roberta Oldenborg was driving Matthew Isabella back from a business meeting in a vehicle owned by Michael Koubek when Oldenborg collided with a vehicle driven by Doris Hallock and owned by Peter Hallock. Isabella was inj...

Biotronik A.G. v. Conor Medsystems Ireland, Ltd.  
Date: March 27, 2014
Citation: 2014 NY Slip Op 02101
Docket Number: 8

Justia Opinion Summary: In 2004, Plaintiff, a manufacturer and distributor of medical devices, and Defendant, the developer and manufacturer of CoStar, a coronary stent, entered into an agreement designating Plaintiff as the exclusive distribut...

Voss v. Netherlands Ins. Co.  
Date: February 25, 2014
Citation: 2014 NY Slip Op 01259
Docket Number: 11

Justia Opinion Summary: This action stemmed from property damage and the resulting business interruption sustained by Plaintiffs as a result of water damages that occurred following three separate roof breaches. Plaintiffs were Deborah Voss and...

People v. Flinn  
Date: February 25, 2014
Citation: 2014 NY Slip Op 01260
Docket Number: 20

Justia Opinion Summary: Defendant was charged with attempted murder and other crimes. During voir dire, a number of bench conferences were at held at which prospective jurors’ qualifications were discussed. Defendant did not attend, or ask to a...

People v. Santiago  
Date: February 25, 2014
Citation: 2014 NY Slip Op 01261
Docket Number: 22

Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder in the second degree for suffocating her stepdaughter. The Appellate Division found the jury verdict was against the weight of the evidence and modified the County...

People v. Jimenez  
Date: February 25, 2014
Citation: 2014 NY Slip Op 01262
Docket Number: 23

Justia Opinion Summary: Upon responding to a burglary report at an apartment building, police officers observed Defendant in the building’s stairwell. When the officers arrested Defendant for trespassing, one of the officers opened Defendant’s...

Landauer Ltd. v Joe Monani Fish Co., Inc.
Date: February 25, 2014
Citation: 2014 NY Slip Op 01263
Docket Number: 27
People v. Guaman  
Date: February 25, 2014
Citation: 2014 NY Slip Op 01264
Docket Number: 29

Justia Opinion Summary: Defendant was charged with third-degree sexual abuse, forcible touching, and public lewdness for rubbing his exposed penis against another man’s buttocks without the victim’s consent. Defendant pleaded guilty to forcible...

People v. Thompson  
Date: February 20, 2014
Citation: 2014 NY Slip Op 01205
Docket Number: 10

Justia Opinion Summary: Defendant was arrested on suspicion of murder. At a second grand jury proceeding, Defendant vigorously urged the grand jury to have the People call a particular witness, Jane Doe, to testify. The grand jurors rejected De...

Fabrizi v. 1095 Ave. of the Ams., LLC  
Date: February 20, 2014
Citation: 2014 NY Slip Op 01206
Docket Number: 15

Justia Opinion Summary: Plaintiff filed an action against Defendants, a construction company and the owner of a building, after he was injured when a heavy conduit pipe fell on his hand while he was working at the building, alleging that Defend...

Union Square Park Cmty. Coal., Inc. v. N.Y. City Dep’t of Parks & Recreation  
Date: February 20, 2014
Citation: 2014 NY Slip Op 01207
Docket Number: 17

Justia Opinion Summary: In 2012, the New York City Department of Parks and Recreation executed a written license agreement with Chef Driven Market, LLC (CDM), which permitted CDM to operate a seasonal restaurant in the Union Square Park pavilio...

People v. Thomas  
Date: February 20, 2014
Citation: 2014 NY Slip Op 01208
Docket Number: 18

Justia Opinion Summary: After a jury trial, Defendant was convicted of depraved indifference murder for murdering his infant son. The Appellate Division affirmed Defendant’s conviction. The Supreme Court reversed and directed a new trial, holdi...

People v Aveni
Date: February 20, 2014
Citation: 2014 NY Slip Op 01209
Docket Number: 19
Morris v. Pavarini Constr.  
Date: February 20, 2014
Citation: 2014 NY Slip Op 01210
Docket Number: 30

Justia Opinion Summary: Plaintiff filed a personal injury action against Defendants, the construction manager and owner of a building at a construction site, after a large, flat object fell and injured his hand. Plaintiff alleged, inter alia, a...

Lebron v SML Veteran Leather, LLC
Date: February 20, 2014
Citation: 2014 NY Slip Op 01212
Docket Number: 89 SSM 45
Matter of Dellaporte v New York City Dept. of Bldgs.
Date: February 20, 2014
Citation: 2014 NY Slip Op 01211
Docket Number: 91 SSM 1
People v. Martinez  
Date: February 18, 2014
Citation: 2014 NY Slip Op 01098
Docket Number: 13

Justia Opinion Summary: After a jury trial, Defendants were convicted of attempted robbery. On appeal, Defendants argued that the trial judge abused his discretion when he declined to deliver an adverse inference charge regarding the loss of a...

Country-Wide Ins. Co. v. Preferred Trucking Servs. Corp.  
Date: February 18, 2014
Citation: 2014 NY Slip Op 01099
Docket Number: 21

Justia Opinion Summary: Filippo Gallina and his wife (Plaintiffs) commenced a personal injury action against Preferred Trucking Services Corp. Preferred Trucking was insured by County-Wide Insurance Company under a policy that required insureds...

QBE Ins. Corp. v Jinx-Proof Inc.
Date: February 18, 2014
Citation: 2014 NY Slip Op 01100
Docket Number: 25
Gaied v. N.Y. State Tax Appeals Tribunal  
Date: February 18, 2014
Citation: 2014 NY Slip Op 01101
Docket Number: 26

Justia Opinion Summary: Petitioner purchased an apartment building on Staten Island. Petitioner’s parents lived in the building, and Petitioner stayed in their apartment on occasion to attend to their medical needs. Petitioner leased the other...

K2 Inv. Group, LLC v. Am. Guar. & Liab. Ins. Co.  
Date: February 18, 2014
Citation: 2014 NY Slip Op 01102
Docket Number: 6

Justia Opinion Summary: Plaintiffs brought legal malpractice claims against Jeffrey Daniels, American Guarantee & Liability Insurance Company’s insured. American Guarantee wrongly refused to defend the claims. A default judgment was entered aga...

Baldwin Union Free Sch. Dist. v. County of Nassau  
Date: February 18, 2014
Citation: 2014 NY Slip Op 01103
Docket Number: 9

Justia Opinion Summary: In 2010, Nassau County passed Local Law 18, which shifted the obligation to pay real property tax refunds from the County to its individual taxing districts. Various interested parties filed three actions seeking a decla...

Matter of McIver-Morgan, Inc. v Dal Piaz
Date: February 18, 2014
Citation: 2014 NY Slip Op 01104
Docket Number: 90 SSM 2
N.Y. Hosp. Med. Ctr. of Queens v Microtech Contracting Corp.  
Date: February 13, 2014
Citation: 2014 NY Slip Op 00897
Docket Number: 1

Justia Opinion Summary: Plaintiff-hospital engaged Defendant to undertake demolition in a basement room at the hospital. Defendant hired brothers Luis and Gerardo Lema, undocumented aliens not legally employable in the United States. The Lemas...

People v. Gonzalez  
Date: February 13, 2014
Citation: 2014 NY Slip Op 00896
Docket Number: 12

Justia Opinion Summary: At issue in this case was N.Y. Crim. Proc. Law 250.10, which requires a defendant to provide notice of intent to offer evidence in connection with the affirmative defense of extreme emotional disturbance (EED). Defendant...

Executive Plaza, LLC v. Peerless Ins. Co.  
Date: February 13, 2014
Citation: 2014 NY Slip Op 00898
Docket Number: 2

Justia Opinion Summary: Plaintiff had a $1 million insurance policy from Defendant on an office building. On February 23, 2007, the building was severely damaged in a fire. Defendant paid Plaintiff the actual cash value of the destroyed buildin...

People v. Reed  
Date: February 13, 2014
Citation: 2014 NY Slip Op 00899
Docket Number: 3

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first-degree robbery as an accessory and one count of second-degree murder as an accessory. The Appellate Division affirmed the judgment. Defendant appealed...

People v. Schreier  
Date: February 13, 2014
Citation: 2014 NY Slip Op 00900
Docket Number: 4

Justia Opinion Summary: After a nonjury trial, Defendant was convicted of unlawful surveillance in the second degree for standing outside the front door of his neighbor’s townhouse and filming the complainant while she was naked in her second f...

People v. Stone  
Date: February 13, 2014
Citation: 2014 NY Slip Op 00901
Docket Number: 5

Justia Opinion Summary: Defendant was tried on two counts of burglary. At his jury trial, Defendant asked to proceed pro se. Ultimately, the trial court granted Defendant’s request to represent himself. Defendant was convicted of the two counts...

People v Smith
Date: February 13, 2014
Citation: 2014 NY Slip Op 00902
Docket Number: 7
People v Moss
Date: February 13, 2014
Citation: 2014 NY Slip Op 00903
Docket Number: 87 SSM 43
People v Cortez
Date: January 21, 2014
Citation: 2014 NY Slip Op 00293
Docket Number: 225
Matter of New Surfside Nursing Home, LLC v Daines
Date: January 21, 2014
Citation: 2014 NY Slip Op 00294
Docket Number: 86 SSM 42
People v. Beaty  
Date: January 16, 2014
Citation: 2014 NY Slip Op 00273
Docket Number: 84 SSM 27

Justia Opinion Summary: In 2000, Defendant pleaded guilty to first-degree manslaughter and was sentenced to twenty-three years incarceration. After Defendant’s incarceration, the Department of Correctional Services added a five-year PRS term to...

People v Russell
Date: January 16, 2014
Citation: 2014 NY Slip Op 00274
Docket Number: 85 SSM 31
York v York
Date: January 14, 2014
Citation: 2014 NY Slip Op 00178
Docket Number: 61 SSM 39
Doe v. Guthrie Clinic, Ltd.  
Date: January 9, 2014
Citation: 2014 NY Slip Op 00138
Docket Number: 224

Justia Opinion Summary: Plaintiff was being treated at a private medical facility, a nurse employed by the clinic committed an unauthorized disclosure of Plaintiff’s confidential health information. Plaintiff filed this action in federal court...

Matter of Nealon
Date: January 9, 2014
Citation: 2014 NY Slip Op 00139
Docket Number: 60 SSM 36
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