New York Court of Appeals Decisions 2018

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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