New York Court of Appeals Decisions 2017

Matter of Ayres
Date: October 17, 2017
Citation: 2017 NY Slip Op 07207
Docket Number: 103
Makinen v City of New York
Date: October 17, 2017
Citation: 2017 NY Slip Op 07208
Docket Number: 104
People v Simmons
Date: October 17, 2017
Citation: 2017 NY Slip Op 07211
Docket Number: 139 SSM 25
Matter of Madeiros v Department
Date: October 17, 2017
Citation: 2017 NY Slip Op 07209
Docket Number: 90
Matter of City of Schenectady v New York State Pub. Empl. Relations Bd.
Date: October 17, 2017
Citation: 2017 NY Slip Op 07210
Docket Number: 93
People v Campbell
Date: October 12, 2017
Citation: 2017 NY Slip Op 07158
Docket Number: 100
Herman v Herman
Date: October 12, 2017
Citation: 2017 NY Slip Op 07161
Docket Number: 137 SSM 16
Burns v Goyal
Date: October 12, 2017
Citation: 2017 NY Slip Op 07162
Docket Number: 138 SSM 22
People v Wright
Date: October 12, 2017
Citation: 2017 NY Slip Op 07159
Docket Number: 83
Garthon Bus. Inc. v Stein
Date: October 12, 2017
Citation: 2017 NY Slip Op 07160
Docket Number: 99
Parietti v Wal-Mart Stores, Inc.
Date: September 14, 2017
Citation: 2017 NY Slip Op 06479
Docket Number: 135 SSM 19
Matter of Winchester
Date: September 14, 2017
Citation: 2017 NY Slip Op 06478
Docket Number: 136
People v Lee
Date: September 12, 2017
Citation: 2017 NY Slip Op 06415
Docket Number: 134 SSM 21
Myers v. Schneiderman  
Date: September 7, 2017
Citation: 2017 NY Slip Op 06412
Docket Number: 77

Justia Opinion Summary: The Court of Appeals rejected Plaintiffs’ argument that an individual has a fundamental constitutional right to aid-in-dying as defined by Plaintiffs and also rejected Plaintiffs’ assertion that the State’s prohibition o...

Valente v Lend Lease (US) Constr. LMB, Inc.
Date: September 5, 2017
Citation: 2017 NY Slip Op 06400
Docket Number: 132 SSM 17
People v Every
Date: September 5, 2017
Citation: 2017 NY Slip Op 06401
Docket Number: 133 SSM 20
Matter of Morgan v de Blasio
Date: August 31, 2017
Citation: 2017 NY Slip Op 06399
Docket Number: 131
People v Ramsaran
Date: June 29, 2017
Citation: 2017 NY Slip Op 05268
Docket Number: 105 SSM 11
People v Smart
Date: June 29, 2017
Citation: 2017 NY Slip Op 05269
Docket Number: 108 SSM 18
In re Hennel  
Date: June 29, 2017
Citation: 2017 NY Slip Op 05266
Docket Number: 78

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division affirming Surrogate’s Court’s grant of summary judgment to Petitioners, holding that Petitioners’ claim against the decedent’s estate seeking to enforce a...

People v. Prindle  
Date: June 29, 2017
Citation: 2017 NY Slip Op 05267
Docket Number: 84

Justia Opinion Summary: The Court of Appeals upheld the constitutionality of New York’s discretionary persistent felony offender sentencing scheme, holding that, in light of Alleyne v. United States, 570 U.S. __ (2013), this sentencing scheme d...

Matter of Winchester
Date: June 27, 2017
Citation: 2017 NY Slip Op 05173
Docket Number: 110
People v. Price  
Date: June 27, 2017
Citation: 2017 NY Slip Op 05174
Docket Number: 58

Justia Opinion Summary: In this criminal case, the People did not proffer a sufficient foundation at trial to authenticate a photograph that was obtained from an internet profile page allegedly belonging to Defendant to render the photograph ad...

Aristy-Farer v. State  
Date: June 27, 2017
Citation: 2017 NY Slip Op 05175
Docket Number: 75

Justia Opinion Summary: Plaintiffs filed two actions - the NYSER action and the Aristy-Farer action - contending that the State had violated the Education Article by failing to provide students with a sound basic education. Supreme Court denie...

Gevorkyan v. Judelson  
Date: June 27, 2017
Citation: 2017 NY Slip Op 05176
Docket Number: 79

Justia Opinion Summary: An entity engaged in the bail bond business may not retain the premium paid on a criminal defendant’s behalf when bail is denied and the defendant is never released from custody. Arthur Bogoraz was indicted on state law...

Matter of New York City Asbestos Litig.
Date: June 22, 2017
Citation: 2017 NY Slip Op 05121
Docket Number: 106 SSM 14
Papa v Associated Indem. Corp.
Date: June 22, 2017
Citation: 2017 NY Slip Op 05122
Docket Number: 107 SSM 15
People v. Spencer  
Date: June 22, 2017
Citation: 2017 NY Slip Op 05118
Docket Number: 76

Justia Opinion Summary: Under the circumstances of this case, where a sworn juror repeatedly and unambiguously stated that she was unable to render an impartial verdict based solely on the evidence and the law, the trial court erred in failing...

People v Lofton
Date: June 22, 2017
Citation: 2017 NY Slip Op 05119
Docket Number: 80
People v. Minemier  
Date: June 22, 2017
Citation: 2017 NY Slip Op 05120
Docket Number: 81

Justia Opinion Summary: The sentencing court violated N.Y. Crim. Proc. Laws 390.50 and Defendant’s due process rights by failing adequately to set forth on the record the basis for its refusal to disclose to the defense certain statements that...

City of New York v. New York State Nurses Ass’n  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04492
Docket Number: 53

Justia Opinion Summary: A city-employer's failure to provide information to a union for the purposes of representing nurse-employees in their disciplinary proceedings was improper. Two members of the New York State Nurses Association (the Unio...

People v. Bethune  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04493
Docket Number: 61

Justia Opinion Summary: Under the circumstances of this case, where an alleged instructional defect was actually a typographical error, Supreme Court did not abuse its discretion in resettling the transcript without a hearing. Defendant was c...

D&R Global Selections, S.L. v Bodega Olegario Falcon Pineiro  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04494
Docket Number: 63

Justia Opinion Summary: There was personal jurisdiction over Defendant - a winery located in Pontevedra, Spain - under New York’s long-arm jurisdiction statute and, consequently, subject matter jurisdiction over the parties’ dispute under N.Y....

People v. Frumusa  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04495
Docket Number: 65

Justia Opinion Summary: At issue in this case was whether the trial court erred in admitting into evidence a contempt order issued in a civil proceeding involving the same funds Defendant was criminally charged with stealing. Supreme Court gran...

People v. Honghirun  
Date: June 8, 2017
Citation: 2017 NY Slip Op 04496
Docket Number: 66

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree course of sexual conduct against a child. The Appellate Division affirmed. Defendant appealed, arguing that he was denied the effective assistance of counsel...

Avella v. City of New York  
Date: June 6, 2017
Citation: 2017 NY Slip Op 04383
Docket Number: 54

Justia Opinion Summary: Plaintiffs brought this hybrid N.Y. C.P.L.R. 78 proceeding and a declaratory judgment action seeking to enjoin the proposed development of parkland in Queens. The proposed development, called Willets West, involved the c...

Burlington Insurance Co. v. New York City Transit Authority  
Date: June 6, 2017
Citation: 2017 NY Slip Op 04384
Docket Number: 57

Justia Opinion Summary: Where an insurance policy is restricted to liability for any bodily injury “caused, in whole or in part” by the “acts of omissions” of the named insured, the coverage applies to injury proximately caused by the named ins...

For the People Theatres of N.Y. Inc. v. City of New York  
Date: June 6, 2017
Citation: 2017 NY Slip Op 04385
Docket Number: 59

Justia Opinion Summary: At issue in this case was New York City’s 2001 zoning amendments that affected the City’s adult entertainment industry. Plaintiffs, an adult video store and an establishment that showed adult films, brought this case see...

People v. Viruet  
Date: June 6, 2017
Citation: 2017 NY Slip Op 04386
Docket Number: 60

Justia Opinion Summary: After a jury trial, Defendant was convicted of intentional murder in the second degree and two counts of criminal possession of a weapon in the second degree. Defendant appealed, arguing that the trial court erred in dec...

Wilson v Dantas
Date: June 6, 2017
Citation: 2017 NY Slip Op 04387
Docket Number: 62
Matter of Ayres
Date: June 1, 2017
Citation: 2017 NY Slip Op 04322
Docket Number: 103
People v Sivertson
Date: June 1, 2017
Citation: 2017 NY Slip Op 04320
Docket Number: 3
Town of Amherst v Granite State Ins. Co., Inc.
Date: June 1, 2017
Citation: 2017 NY Slip Op 04321
Docket Number: 64
Gaines v City of New York
Date: June 1, 2017
Citation: 2017 NY Slip Op 04324
Docket Number: 87 SSM 8
Matter of Castro v Schriro
Date: June 1, 2017
Citation: 2017 NY Slip Op 04323
Docket Number: 88 SSM 13
Kimmel v. State  
Date: May 9, 2017
Citation: 2017 NY Slip Op 03689
Docket Number: 36

Justia Opinion Summary: The Court of Appeals held that, for cases commenced before the effective date of the 2015 amendment to the Human Rights Law, the Equal Access to Justice Act (EAJA) permits the award of reasonable attorneys’ fees and cost...

Acevedo v. New York State Department of Motor Vehicles  
Date: May 9, 2017
Citation: 2017 NY Slip Op 03690
Docket Numbers: 40, 41, 42

Justia Opinion Summary: Three petitions challenged the validity of regulations of the New York State Department of Motor Vehicles (DMV) governing the relicensing of recidivist drunk driving offenders and sought restoration of their driving priv...

Griffin v. Sirva, Inc.  
Date: May 4, 2017
Citation: 2017 NY Slip Op 03557
Docket Number: 35

Justia Opinion Summary: The Court of Appeals answered three questions certified to it by the United States Court of Appeals for the Second Circuit regarding who may be liable under the New York State Human Rights Law. Plaintiffs sued Astro Movi...

Loehr v. Administrative Board of the Courts of the State of New York  
Date: May 4, 2017
Citation: 2017 NY Slip Op 03558
Docket Number: 37

Justia Opinion Summary: The Court of Appeals held that an administrative notice declaring that the policy of the Administrative Board of the Courts of the State of New York henceforth would be that no judge certificated for service as a Justice...

People v. Stone  
Date: May 4, 2017
Citation: 2017 NY Slip Op 03559
Docket Number: 38

Justia Opinion Summary: The Court of Appeals affirmed Defendant’s conviction on one count of first-degree assault, holding that the trial court eliminated any prejudice to Defendant from testimony that deprived Defendant of his right to confron...

People v. Bushey  
Date: May 4, 2017
Citation: 2017 NY Slip Op 03560
Docket Number: 50

Justia Opinion Summary: The Court of Appeals held in this criminal case that, to ensure road safety, a police officer may run a license plate number through a government database to check for any outstanding violations or suspensions on the reg...

Pesante v Vertical Indus. Dev. Corp.
Date: May 4, 2017
Citation: 2017 NY Slip Op 03561
Docket Number: 86 SSM 10
People v Smalling
Date: May 2, 2017
Citation: 2017 NY Slip Op 03442
Docket Number: 43
Coffed v McCarthy
Date: May 2, 2017
Citation: 2017 NY Slip Op 03443
Docket Number: 44
People v. Valentin  
Date: May 2, 2017
Citation: 2017 NY Slip Op 03444
Docket Number: 45

Justia Opinion Summary: The Court of Appeals held that, when a defendant asserts an agency defense supported solely by portions of the People’s case-in-chief on the People’s direct case, a trial court may exercise its discretion to entertain th...

Connaughton v Chipotle Mexican Grill, Inc.  
Date: May 2, 2017
Citation: 2017 NY Slip Op 03445
Docket Number: 46

Justia Opinion Summary: Plaintiff appealed from an order of the Appellate Division affirming Supreme Court’s dismissal of Plaintiff’s complaint for failure to state a cause of action for fraudulent inducement against Chipotle Mexican Grill and...

People v. McMillan  
Date: May 2, 2017
Citation: 2017 NY Slip Op 03446
Docket Number: 48

Justia Opinion Summary: Defendant appealed the denial of his motion to suppress a firearm recovered from his vehicle, arguing primarily that the challenged search was unlawful under the Court of Appeals’ holding in People v. Huntley because it...

In re 381 Search Warrants Directed to Facebook, Inc.  
Date: April 4, 2017
Citation: 2017 NY Slip Op 02586
Docket Number: 16

Justia Opinion Summary: In 2013, Supreme Court issued 381 warrants directed at Facebook upon a warrant application by the New York County District Attorney’s Office that was supported by an investigator’s affidavit. The warrants sought the acco...

Rivera v. Department of Housing Preservation & Development of the City of New York  
Date: April 4, 2017
Citation: 2017 NY Slip Op 02587
Docket Numbers: 24, 25

Justia Opinion Summary: The New York City Department of Housing Preservation and Development (HPD) placed liens upon property for reimbursement of relocation expenses pursuant to Administrative Code 26-305. The two petitioners in these consolid...

People v. Williams  
Date: April 4, 2017
Citation: 2017 NY Slip Op 02588
Docket Number: 28

Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary in the first degree, assault in the second degree, and criminal possession of a weapon in the second degree. Defendant appealed, arguing that he was deprived of a f...

People v. Anderson  
Date: April 4, 2017
Citation: 2017 NY Slip Op 02589
Docket Number: 29

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted murder in the second degree and criminal possession of a weapon in the second degree. Defendant appealed, arguing that the prosecutor’s use of PowerPoint slides du...

Obey v City of New York
Date: April 4, 2017
Citation: 2017 NY Slip Op 02590
Docket Number: 85 SSM 4
People v. Brahney  
Date: March 30, 2017
Citation: 2017 NY Slip Op 02465
Docket Number: 26

Justia Opinion Summary: After a nonjury trial, Defendant was found guilty of intentional murder and two counts of burglary in the first degree. Upon resentencing, the trial court sentenced Defendant to a term of imprisonment of fifty-four years...

O'Brien v. Port Authority of New York & New Jersey  
Date: March 30, 2017
Citation: 2017 NY Slip Op 02466
Docket Number: 27

Justia Opinion Summary: Plaintiff was working as an employee of DCM Erectors at the 1 World Trade Center construction site when he received a workplace injury. Plaintiff commenced this action against the owner of the premises and the general co...

People v. Cook  
Date: March 30, 2017
Citation: 2017 NY Slip Op 02467
Docket Number: 30

Justia Opinion Summary: Defendant committed multiple sexual offenses against four children in both Queens and Richmond Counties. Prosecution was coordinated between the two District Attorneys’ offices on both counties, and Defendant pleaded gui...

People v. Cook  
Date: March 30, 2017
Citation: 2017 NY Slip Op 02468
Docket Number: 31

Justia Opinion Summary: Defendant was charged in both Queens and Richmond Counties with committing numerous sex offenses against four children. Defendant pleaded guilty. When Defendant’s release date was approaching, the Board of Examiners of S...

People v Sparks
Date: March 30, 2017
Citation: 2017 NY Slip Op 02469
Docket Number: 32
People v. Valentin  
Date: March 30, 2017
Citation: 2017 NY Slip Op 02470
Docket Number: 33

Justia Opinion Summary: After a jury trial, Defendant was convicted of manslaughter in the first degree. The Appellate Division reversed, concluding that the trial court erred in instructing the jury on the initial aggressor exception to justif...

People v Whitehead
Date: March 28, 2017
Citation: 2017 NY Slip Op 02358
Docket Number: 18
People v. Leonard  
Date: March 28, 2017
Citation: 2017 NY Slip Op 02359
Docket Numbers: 19, 20

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual abuse in the first degree and unlawfully dealing with a child in the first degree. The Appellate Division affirmed the judgment, concluding that the trial court did n...

Matter of East Ramapo Cent. Sch. Dist. v King
Date: March 28, 2017
Citation: 2017 NY Slip Op 02360
Docket Number: 21
People v. Jackson  
Date: March 28, 2017
Citation: 2017 NY Slip Op 02361
Docket Number: 22

Justia Opinion Summary: Defendant was convicted of predatory sexual assault and criminal sexual act in the first degree. Before trial, the trial court gave the People permission to question Defendant about the fact that Defendant had been adjud...

People v. Smith  
Date: March 28, 2017
Citation: 2017 NY Slip Op 02362
Docket Number: 23

Justia Opinion Summary: After a jury trial, Defendant was convicted of attempted robbery in the first degree. At issue on appeal was whether the evidence was legally sufficient to establish that Defendant’s conduct amounted to displaying what a...

People v Slocum
Date: March 23, 2017
Citation: 2017 NY Slip Op 02089
Docket Number: 17
People v Freeman
Date: March 23, 2017
Citation: 2017 NY Slip Op 02090
Docket Number: 70 SSM 1
Franklin v Gareyua
Date: March 23, 2017
Citation: 2017 NY Slip Op 02091
Docket Number: 71 SSM 3
People v Peguero-Sanchez
Date: March 23, 2017
Citation: 2017 NY Slip Op 02092
Docket Number: 72 SSM 5
People v Castillo
Date: March 23, 2017
Citation: 2017 NY Slip Op 02093
Docket Number: 73 SSM 6
People v. Lin  
Date: February 16, 2017
Citation: 2017 NY Slip Op 01253
Docket Number: 10

Justia Opinion Summary: Defendant was arrested for driving while intoxicated (DWI) and other offenses. The jury convicted Defendant of two counts of DWI. Appellate Term reversed and remitted for a new trial on those counts, concluding that Defe...

People v Maldonado
Date: February 16, 2017
Citation: 2017 NY Slip Op 01254
Docket Number: 12
People v Staton
Date: February 16, 2017
Citation: 2017 NY Slip Op 01257
Docket Number: 68 SSM 42
Matter of County of Broome v Shah
Date: February 16, 2017
Citation: 2017 NY Slip Op 01258
Docket Number: 69 SSM 43
Tara N.P. v. Western Suffolk Board of Cooperative Educational Services  
Date: February 16, 2017
Citation: 2017 NY Slip Op 01255
Docket Number: 8

Justia Opinion Summary: Plaintiff was sexually assaulted by a worker at a facility owned by Suffolk County where Plaintiff took adult education classes. The worker, Larry Smith, had been referred for a potential possession with the lessee of th...

Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program, Inc.  
Date: February 16, 2017
Citation: 2017 NY Slip Op 01256
Docket Number: 9

Justia Opinion Summary: Plaintiff Anthony Oddo was assaulted by Sean Velentzas, one of the discharged residents of Defendant Queens Village Committee for Mental Health for Jamaica Community Adolescent Program, Inc., a mental health and substanc...

People v. Vining  
Date: February 14, 2017
Citation: 2017 NY Slip Op 01144
Docket Number: 1

Justia Opinion Summary: After a jury trial, Defendant was found guilty of attempted assault in the third degree, assault in the third degree, and other offenses. Defendant appealed, arguing that the trial court erred in admitting a phone call b...

Lend Lease (US) Construction LMB Inc. v. Zurich American Insurance Co.  
Date: February 14, 2017
Citation: 2017 NY Slip Op 01141
Docket Number: 11

Justia Opinion Summary: Plaintiffs commenced this action seeking a declaration of coverage under a program of builder’s risk insurance furnished by Defendants for weather-related damage to a tower crane. The Appellate Division granted summary j...

People v. Pena  
Date: February 14, 2017
Citation: 2017 NY Slip Op 01142
Docket Number: 14

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of predatory sexual conduct and three counts of criminal sexual act in the first degree. Defendant was sentenced to twenty-five years’ imprisonment followed by...

People v. Fisher  
Date: February 14, 2017
Citation: 2017 NY Slip Op 01143
Docket Number: 15

Justia Opinion Summary: Defendant pled guilty to one count of hindering prosecution in the second degree. After Defendant’s codefendant was acquitted of the underlying felony, and prior to Defendant’s sentencing, Defendant moved to withdraw his...

Artibee v. Home Place Corp.  
Date: February 14, 2017
Citation: 2017 NY Slip Op 01145
Docket Number: 5

Justia Opinion Summary: Plaintiff suffered injuries while traveling on a state highway when a large branch broke off a tree bordering the road, fell through Plaintiff’s Jeep, and struck her on the head. Plaintiff and her spouse, derivatively, b...

Matter of Woods v State Univ. of N.Y.
Date: February 14, 2017
Citation: 2017 NY Slip Op 01146
Docket Number: 51 SSM 2
People v. Flanagan  
Date: February 9, 2017
Citation: 2017 NY Slip Op 01018
Docket Number: 13

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy in the sixth degree and two counts of official misconduct. On appeal, the Appellate Division affirmed Defendant’s convictions. The Court of Appeals affirmed the o...

Marin v. Constitution Realty, LLC  
Date: February 9, 2017
Citation: 2017 NY Slip Op 01019
Docket Number: 2

Justia Opinion Summary: Jose and Ada Marin obtained an $8 million settlement for injuries Jose suffered when he fell forty feet while working on a building in Manhattan. At issue in this appeal was a fee dispute between Plaintiffs’ attorney-of-...

Corrigan v. New York State Office of Children & Family Services  
Date: February 9, 2017
Citation: 2017 NY Slip Op 01020
Docket Number: 4

Justia Opinion Summary: The Statewide Central Register maintained by the State Office of Children and Family Services (OCFS) received information alleging educational neglect by Petitioners. OCFS referred the report to the Westchester County De...

People v Then
Date: February 9, 2017
Citation: 2017 NY Slip Op 01021
Docket Number: 6
People v Guerin
Date: February 9, 2017
Citation: 2017 NY Slip Op 01022
Docket Number: 7
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