New York Court of Appeals Decisions 2018

Matter of Spence v New York State Dept. of Agric. & Mkts.
Date: September 18, 2018
Citation: 2018 NY Slip Op 06071
Docket Number: 17
People v Xochimitl
Date: September 13, 2018
Citation: 2018 NY Slip Op 06053
Docket Number: 129 SSM 17
People v Sanchez
Date: September 13, 2018
Citation: 2018 NY Slip Op 06052
Docket Number: 132 SSM 15
Matter of Wohlfeil v Sharel Ventures, LLC
Date: September 6, 2018
Citation: 2018 NY Slip Op 05967
Docket Number: 130 SSM 18
Viselli v Riverbay Corp.
Date: September 6, 2018
Citation: 2018 NY Slip Op 05968
Docket Number: 131 SSM 20
Matter of Mintz v Board of Elections in the City of N.Y.
Date: August 29, 2018
Citation: 2018 NY Slip Op 05958
Docket Number: 127
Matter of Widrick (Carpinelli)
Date: June 28, 2018
Citation: 2018 NY Slip Op 04780
Docket Number: 114 SSM 14
People v. Parker  
Date: June 28, 2018
Citation: 2018 NY Slip Op 04776
Docket Numbers: 35, 36

Justia Opinion Summary: Because the record in this criminal case failed to establish that the trial court provided counsel with meaningful notice of the precise contents of two substantive jury notes in discharge of a core obligation under N.Y....

People v Morrison
Date: June 28, 2018
Citation: 2018 NY Slip Op 04777
Docket Number: 37
Garcia v. New York City Department of Health & Mental Hygiene  
Date: June 28, 2018
Citation: 2018 NY Slip Op 04778
Docket Number: 64

Justia Opinion Summary: The New York City Board of Health’s promulgation of the flu vaccine falls within the powers specifically delegated to the New York City Department of Health and Mental Hygiene in New York City Administrative Code 17-109....

Anonymous v. Molik  
Date: June 28, 2018
Citation: 2018 NY Slip Op 04779
Docket Number: 77

Justia Opinion Summary: The Justice Center for the Protection of People with Special Needs acted within its authority under N.Y. Social Services Law 493 when it required Petitioner to undertake certain remedial measures to correct the systemic...

Matter of People v Juarez
Date: June 27, 2018
Citation: 2018 NY Slip Op 04684
Docket Number: 58
People v. Myers  
Date: June 27, 2018
Citation: 2018 NY Slip Op 04685
Docket Number: 78

Justia Opinion Summary: Because Defendant and the court supervising Defendant’s waiver of the right to indictment by a grand jury followed the procedure set forth under N.Y. Const. art. I, 6 by signing a written instrument in open court in the...

Ambac Assurance Corp. v. Countrywide Home Loans, Inc.  
Date: June 27, 2018
Citation: 2018 NY Slip Op 04686
Docket Number: 79

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Appellate Division concluding that the claims asserted by plaintiff Ambac Assurance Corporation in its appeal from Supreme Court’s judgment in a suit against defendant Co...

Stega v. New York Downtown Hospital  
Date: June 27, 2018
Citation: 2018 NY Slip Op 04687
Docket Number: 80

Justia Opinion Summary: The Court of Appeals held that whether an absolute privilege applies to a communication made in the course of a quasi-judicial proceeding depends on the status of the subject of the communication. New York Downtown Hosp...

Waite v. Town of Champion  
Date: June 27, 2018
Citation: 2018 NY Slip Op 04688
Docket Number: 82

Justia Opinion Summary: At issue was whether the Town of Champion, which replaced a fire protection district with two substitute fire protection districts, complied with its statutory obligation to dissolve and terminate the fire protection dis...

West Midtown Management Group, Inc. v. State  
Date: June 26, 2018
Citation: 2018 NY Slip Op 04666
Docket Number: 81

Justia Opinion Summary: The Office of the Medicaid Inspector General (OMIG) may withhold payments to recover from Petitioner, the operator of a methadone clinic and provider of Medicaid-covered services, the full $1,857,401 in overpayments asse...

People v Harris
Date: June 26, 2018
Citation: 2018 NY Slip Op 04667
Docket Number: 83
Matter of Mason H. (Joseph H.)
Date: June 14, 2018
Citation: 2018 NY Slip Op 04384
Docket Number: 112 SSM 11
People v. Tiger  
Date: June 14, 2018
Citation: 2018 NY Slip Op 04377
Docket Number: 62

Justia Opinion Summary: Where a defendant has been convicted by guilty plea, there is no actual innocence claim cognizable under N.Y. Crim. Proc. Law 440.10(1)(h) to vacate the judgment of conviction. Defendant pleaded guilty to endangering th...

People v Thibodeau
Date: June 14, 2018
Citation: 2018 NY Slip Op 04378
Docket Number: 63
Matter of Natasha W. v New York State Off. of Children & Family Servs.
Date: June 14, 2018
Citation: 2018 NY Slip Op 04379
Docket Number: 65
People v. Wilson  
Date: June 14, 2018
Citation: 2018 NY Slip Op 04380
Docket Number: 68

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming the judgment of the trial court convicting defendant of first-degree depraved indifference assault and second-degree intentional assault, holdin...

Matter of Brookford, LLC v. New York State Division of Housing & Community Renewal  
Date: June 14, 2018
Citation: 2018 NY Slip Op 04381
Docket Number: 69

Justia Opinion Summary: The determination of the New York State Division of Housing and Community Renewal (DHCR) that income reported on a joint tax return filed on behalf of an occupant and non-occupant of a housing accommodation may not be ap...

Lemma v. Nassau County Police Officer Indemnification Board  
Date: June 14, 2018
Citation: 2018 NY Slip Op 04382
Docket Number: 70

Justia Opinion Summary: The Court of Appeals affirmed the conclusion of the courts below that the finding of the Nassau County Police Officer Indemnification Board that Petitioner’s conduct was not “proper” within the meaning of N.Y. Gen. Mun....

People v. Bailey  
Date: June 14, 2018
Citation: 2018 NY Slip Op 04383
Docket Number: 71

Justia Opinion Summary: The Court of Appeals affirmed Defendant’s conviction for assault in the second degree, holding that Defendant’s claim on appeal were either unpreserved or meritless. On appeal, Defendant argued that the trial court erre...

Keller-Goldman v Goldman
Date: June 12, 2018
Citation: 2018 NY Slip Op 04278
Docket Number: 106 SSM 7
Brooks v April
Date: June 12, 2018
Citation: 2018 NY Slip Op 04277
Docket Number: 109 SSM 10
People v. Credit Suisse Securities (USA) LLC  
Date: June 12, 2018
Citation: 2018 NY Slip Op 04272
Docket Number: 40

Justia Opinion Summary: Claims brought under the Martin Act, N.Y. Gen. Bus. Law 23-A, 352 et seq., are governed by the three-year statute of limitations in N.Y. C.P.L.R. 214(2) rather than the six-year limitations period in either N.Y. C.P.L.R....

Andino v. Mills  
Date: June 12, 2018
Citation: 2018 NY Slip Op 04273
Docket Number: 56

Justia Opinion Summary: A court must offset a retired New York City police officer’s projected accident disability retirement (ADR) benefits against the injured retiree’s jury award for both future lost earnings and pension. Plaintiff, a retir...

2138747 Ontario, Inc. v. Samsung C&T Corp.  
Date: June 12, 2018
Citation: 2018 NY Slip Op 04274
Docket Number: 57

Justia Opinion Summary: New York’s borrowing statute, N.Y. C.P.L.R. 202, applies when contracting parties have agreed that their contract would be “enforced” according to New York law. Plaintiff brought this action for breach of contract and u...

People v. Henry  
Date: June 12, 2018
Citation: 2018 NY Slip Op 04275
Docket Number: 60

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division concluding that Defendant’s statements during an interrogation on a murder charge regarding the murder should have been suppressed because the murder c...

People v Silvagnoli
Date: June 12, 2018
Citation: 2018 NY Slip Op 04276
Docket Number: 61
People v Berrezueta
Date: June 7, 2018
Citation: 2018 NY Slip Op 04032
Docket Number: 105 SSM 4
People v Sanabria
Date: June 7, 2018
Citation: 2018 NY Slip Op 04033
Docket Number: 107 SSM 8
Mid-Hudson Val. Fed. Credit Union v Quartararo & Lois, PLLC
Date: June 7, 2018
Citation: 2018 NY Slip Op 04034
Docket Number: 108 SSM 9
Mery v Eginger
Date: June 7, 2018
Citation: 2018 NY Slip Op 04030
Docket Number: 110 SSM 12
People v Rodriguez
Date: June 7, 2018
Citation: 2018 NY Slip Op 04031
Docket Number: 111 SSM 13
White v. Schneiderman  
Date: June 7, 2018
Citation: 2018 NY Slip Op 04028
Docket Number: 59

Justia Opinion Summary: Because N.Y. Tax Law 471, which imposes requirements on Indian retailers located on reservation land to pre-pay the tax on cigarette sales to individuals who are not members of the Seneca Nation of Indians, does not oper...

Brown v. State  
Date: June 7, 2018
Citation: 2018 NY Slip Op 04029
Docket Number: 66

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming the final judgments awarding damages in favor of Plaintiff in this personal injury action filed against the State. Plaintiff was injured and he...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

People v Epakchi
Date: May 1, 2018
Citation: 2018 NY Slip Op 03095
Docket Number: 88 SSM 5
People v Gates
Date: May 1, 2018
Citation: 2018 NY Slip Op 03096
Docket Number: 89 SSM 6
Skanska USA Bldg. Inc. v Atlantic Yards B2 Owner, LLC
Date: April 26, 2018
Citation: 2018 NY Slip Op 02828
Docket Number: 38
Altman v 285 W. Fourth LLC  
Date: April 26, 2018
Citation: 2018 NY Slip Op 02829
Docket Number: 44

Justia Opinion Summary: In 2003, Altman subleased from Rider, the apartment's tenant since 1993. Rider had a rent-stabilized lease at $1,829.49 per month. In 2004, the landlord commenced a nonpayment proceeding against both men. Altman and the...

People v Britton
Date: April 26, 2018
Citation: 2018 NY Slip Op 02830
Docket Number: 86 SSM 42
Schnapp v Miller's Launch, Inc.
Date: April 26, 2018
Citation: 2018 NY Slip Op 02831
Docket Number: 87 SSM 43
Matter of Astacio
Date: April 11, 2018
Citation: 2018 NY Slip Op 02499
Docket Number: 85
People v. Silburn  
Date: April 3, 2018
Citation: 2018 NY Slip Op 02286
Docket Number: 28

Justia Opinion Summary: The Court of Appeals affirmed Defendant’s convictions for criminal possession of a weapon in the second degree, aggravated unlicensed operation of a motor vehicle in the third degree, and a related offense, holding that...

Rodriguez v. City of New York  
Date: April 3, 2018
Citation: 2018 NY Slip Op 02287
Docket Number: 32

Justia Opinion Summary: A plaintiff does not bear the burden of establishing the absence of their own comparative negligence in order to obtain partial summary judgment in a comparative negligence case. After commencing this negligence action...

Somereve v Plaza Constr. Corp.
Date: April 3, 2018
Citation: 2018 NY Slip Op 02288
Docket Number: 33
Matter of Cicale
Date: April 2, 2018
Citation: 2018 NY Slip Op 02285
Docket Number: 84
Abdur-Rashid v. New York City Police Department  
Date: March 29, 2018
Citation: 2018 NY Slip Op 02206
Docket Number: 19

Justia Opinion Summary: An agency may decline to acknowledge that requested records exist in response to a Freedom of Information Law request, see N.Y. Pub. Off. Law 84 et seq. (FOIL), when necessary to safeguard statutorily exempted informati...

Gravano v Take-Two Interactive Software, Inc.
Date: March 29, 2018
Citation: 2018 NY Slip Op 02207
Docket Number: 23
Lohan v. Take-Two Interactive Software, Inc.  
Date: March 29, 2018
Citation: 2018 NY Slip Op 02208
Docket Number: 24

Justia Opinion Summary: A computer generated image may constitute a “portrait” within the meaning of N.Y. Civ. Rights Law 50 and 51, but the disputed images in the video game central to this matter were not recognizable as Lindsay Lohan, and th...

Kolchins v. Evolution Markets, Inc.  
Date: March 29, 2018
Citation: 2018 NY Slip Op 02209
Docket Number: 31

Justia Opinion Summary: The documentary evidence proffered by Defendant on its motion to dismiss pursuant to N.Y. C.P.L.R. 3211(a)(1) did not conclusively refute Plaintiff’s breach of contract claims. In 2009, Plaintiff and Defendant entered i...

People v. Teri W.  
Date: March 29, 2018
Citation: 2018 NY Slip Op 02210
Docket Number: 34

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division ruling that Teri W.’s ten-year probation sentence was legal. Teri W. pleaded guilty to one count of sexual abuse in the first degree, a class D felony sex...

Keyspan Gas East Corp. v Munich Reinsurance America, Inc.  
Date: March 27, 2018
Citation: 2018 NY Slip Op 02116
Docket Number: 20

Justia Opinion Summary: At issue in this case involving long-tail insurance claims was whether, under the “pro rata time-on-the-risk” method of allocation, Century Indemnity Company was liable to its insured, KeySpan Gas East Corporation, for y...

Gilbane Building Co./TDX Construction Corp. v St. Paul Fire & Marine Insurance Co.  
Date: March 27, 2018
Citation: 2018 NY Slip Op 02117
Docket Number: 22

Justia Opinion Summary: The terms of the insurance policy at issue in this coverage dispute required a written contract between the named insured and an additional insured if coverage was to be extended to an additional insured, and therefore,...

People v Perez
Date: March 27, 2018
Citation: 2018 NY Slip Op 02118
Docket Number: 29
Congel v. Malfitano  
Date: March 27, 2018
Citation: 2018 NY Slip Op 02119
Docket Number: 30

Justia Opinion Summary: The agreement establishing a partnership in this case dictated that Defendant, a partner, wrongfully dissolved the partnership, but it was error to include the legal fees incurred by the remaining partners in the damages...

People v Boyd
Date: March 27, 2018
Citation: 2018 NY Slip Op 02120
Docket Number: 75 SSM 40
People v Johnson
Date: March 22, 2018
Citation: 2018 NY Slip Op 01955
Docket Number: 21
People v Brooks
Date: March 22, 2018
Citation: 2018 NY Slip Op 01956
Docket Number: 25
People v Sanchez
Date: March 22, 2018
Citation: 2018 NY Slip Op 01957
Docket Number: 74 SSM 26
Erie Ins. Exch. v J.M. Pereira & Sons, Inc.
Date: March 22, 2018
Citation: 2018 NY Slip Op 01958
Docket Number: 76 SSM 2
Matter of Sherwood
Date: February 27, 2018
Citation: 2018 NY Slip Op 01300
Docket Number: 73
Connolly v. Long Island Power Authority  
Date: February 20, 2018
Citation: 2018 NY Slip Op 01148
Docket Numbers: 11, 12

Justia Opinion Summary: Defendants Long Island Power Authority (LIPA), Long Island Lighting Company (LILCO), and National Grid Electric Services, LLC failed to demonstrate that the actions challenged by Plaintiffs in their amended complaints we...

Cortlandt Street Recovery Corp. v. Bonderman  
Date: February 20, 2018
Citation: 2018 NY Slip Op 01149
Docket Number: 14

Justia Opinion Summary: An indenture may seek recovery on behalf of noteholders for Defendants’ alleged fraudulent redemptions intended to siphon off assets, leaving corporate obligators unable to pay the noteholders. Appellate Division denie...

Paramount Pictures Corp. v. Allianz Risk Transfer AG  
Date: February 20, 2018
Citation: 2018 NY Slip Op 01150
Docket Number: 16

Justia Opinion Summary: The claim brought by Paramount Pictures Corporation, the plaintiff in this suit, was barred by res judicata because it should have been asserted as a counterclaim in an action involving the same parties brought in federa...

Gerrish v 56 Leonard LLC
Date: February 20, 2018
Citation: 2018 NY Slip Op 01151
Docket Number: 72 SSM 38
People v. Wiggins  
Date: February 15, 2018
Citation: 2018 NY Slip Op 01111
Docket Number: 15

Justia Opinion Summary: The lengthy delay between Defendant’s arrest in this case and his eventual guilty plea violated his constitutional right to a speedy trial. Defendant was charged in an indictment with murder in the second degree and oth...

Aponte v Olatoye  
Date: February 15, 2018
Citation: 2018 NY Slip Op 01112
Docket Number: 5

Justia Opinion Summary: Aponte moved into his mother's one-bedroom New York City Housing Authority (NYCHA)-owned apartment and cared for her until she died in 2012. Two requests for Aponte to be granted permanent permission to live with his mot...

People v Reyes
Date: February 15, 2018
Citation: 2018 NY Slip Op 01113
Docket Number: 6
Lohnas v Luzi  
Date: February 15, 2018
Citation: 2018 NY Slip Op 01114
Docket Number: 7

Justia Opinion Summary: Plaintiff was treated for shoulder problems beginning in 1998; defendant performed her surgery in 1999. Post-operative visits followed during the next year. After her one-year appointment, plaintiff did not see defendant...

Dormitory Authority of State of N.Y. v. Samson Construction Co.  
Date: February 15, 2018
Citation: 2018 NY Slip Op 01115
Docket Number: 8

Justia Opinion Summary: In this breach of contract and negligence action, the Court of Appeals held that the City of New York was an intended third-party beneficiary of an architectural services contract between Dormitory Authority of the State...

Forman v. Henkin  
Date: February 13, 2018
Citation: 2018 NY Slip Op 01015
Docket Number: 1

Justia Opinion Summary: In this personal injury action, the Court of Appeals held that, for purposes of disclosure of materials from Plaintiff's Facebook account, the threshold inquiry was not whether the materials sought were private but wheth...

Kelly v. DiNapoli  
Date: February 13, 2018
Citation: 2018 NY Slip Op 01016
Docket Number: 2

Justia Opinion Summary: At issue was whether two first responders (together, Petitioners) established that they were entitled to accidental disability retirement benefits by demonstrating that they were incapacitated as the natural and proximat...

People v. Francis  
Date: February 13, 2018
Citation: 2018 NY Slip Op 01017
Docket Number: 4

Justia Opinion Summary: The State Board of Examiners of Sex Offenders (Board) may consider a defendant’s Youthful Offender (YO) adjudication for the limited public safety purpose of accurately assessing the offender’s risk to reoffend. Defend...

Matter of Kowal v DiNapoli
Date: February 13, 2018
Citation: 2018 NY Slip Op 01019
Docket Number: 55 SSM 1
People v McCain
Date: February 13, 2018
Citation: 2018 NY Slip Op 01018
Docket Number: 9
People v. O'Kane  
Date: February 8, 2018
Citation: 2018 NY Slip Op 00859
Docket Number: 17

Justia Opinion Summary: Defense counsel’s consent to verdict sheet annotations beyond those automatically permitted by N.Y. Crim. Proc. Law 310.20 did not deprive Defendant of meaningful representation. After a trial, the jury retuned a guilty...

People v Sposito
Date: February 8, 2018
Citation: 2018 NY Slip Op 00860
Docket Number: 18
Matter of Bolt v New York City Dept. of Educ.
Date: January 9, 2018
Citation: 2018 NY Slip Op 00090
Docket Number: 51 SSM 34
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