New York Court of Appeals Decisions 2019

Jordan v. New York City Housing Authority  
Date: June 13, 2019
Citation: 2019 NY Slip Op 04756
Docket Number: 40

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division affirming the judgment of Supreme Court holding that the New York City Housing Authority (NYCHA) violated section 71 of the Civil Service Law by refusi...

Kosmider v. Whitney  
Date: June 13, 2019
Citation: 2019 NY Slip Op 04757
Docket Number: 41

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division affirming the judgment of Supreme Court directing disclosure of electronic copies of ballots stored by Essex County voting machines in the November 2015 g...

People v. Mendoza  
Date: June 13, 2019
Citation: 2019 NY Slip Op 04758
Docket Number: 42

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of second-degree burglary and petit larceny, holding that defense counsel did not provide ineffective assistance by advancing a jury nullification defense at trial. O...

People v. Lopez-Mendoza  
Date: June 13, 2019
Citation: 2019 NY Slip Op 04759
Docket Number: 43

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of first-degree rape, holding that Defendant did not carry his burden of demonstrating ineffective assistance of counsel and that, even if erroneous, the introduction...

Matter of Eighth Judicial District Asbestos Litigation  
Date: June 11, 2019
Citation: 2019 NY Slip Op 04640
Docket Number: 36

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division granting summary judgment for Defendant in this products liability action, holding that Defendant failed to carry its burden on summary judgment that the...

Nadkos, Inc. v. Preferred Contractors Insurance Co. Risk Retention Group LLC  
Date: June 11, 2019
Citation: 2019 NY Slip Op 04641
Docket Number: 37

Justia Opinion Summary: The Court of Appeals affirmed the decision of the Appellate Division affirming the judgment of Supreme Court granting Defendant summary judgment in this insurance dispute, holding that a general business practice of fail...

People v. Giuca  
Date: June 11, 2019
Citation: 2019 NY Slip Op 04642
Docket Number: 38

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division and reinstated the order of Supreme Court convicting Defendant of murder in the second degree on the theory of felony murder, robbery in the first degr...

Carothers v. Progressive Insurance Co.  
Date: June 11, 2019
Citation: 2019 NY Slip Op 04643
Docket Number: 39

Justia Opinion Summary: In this insurance dispute involving an insurer withholding payments to a medical service corporation improperly controlled by nonphysicans the Court of Appeals ruled that the trial court did not err in declining to give...

People v. Smith  
Date: June 6, 2019
Citation: 2019 NY Slip Op 04447
Docket Number: 44

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division affirming Defendant's conviction of attempted murder in the second degree, assault in the first degree, and criminal use of a firearm in the first degree,...

Matter of Bursch v Purchase Coll. of the State Univ. of N.Y.
Date: June 6, 2019
Citation: 2019 NY Slip Op 04449
Docket Number: 63 SSM 8
People v Gregory
Date: June 6, 2019
Citation: 2019 NY Slip Op 04450
Docket Number: 64 SSM 9
People v Esposito
Date: June 6, 2019
Citation: 2019 NY Slip Op 04448
Docket Number: 65 SSM 11
National Energy Marketers Ass'n v New York State Public Service Commission  
Date: May 9, 2019
Citation: 2019 NY Slip Op 03655
Docket Number: 21

Justia Opinion Summary: The Court of Appeals held that the Public Service Law, in authorizing the Public Service Commission (PSC) to set the conditions under which public utilities will transport consumer-owned electricity and gas, authorized t...

Williams v. Beemiller, Inc.  
Date: May 9, 2019
Citation: 2019 NY Slip Op 03656
Docket Number: 25

Justia Opinion Summary: In this personal injury case, the Court of Appeals affirmed the order of the Appellate Division reversing Supreme Court's denial of Defendant's motion for summary judgment, holding that the requisite showing of minimum c...

Fasolas v. Bobcat of N.Y., Inc.  
Date: May 9, 2019
Citation: 2019 NY Slip Op 03657
Docket Number: 29

Justia Opinion Summary: In this case concerning a manufacturer's liability for a design defect where the allegedly defective products came into the injured end user's hands through the rental market, the Court of Appeals held that the jury inst...

People v Meyers
Date: May 9, 2019
Citation: 2019 NY Slip Op 03658
Docket Number: 60 SSM 6
159 MP Corp. v Redbridge Bedford, LLC  
Date: May 7, 2019
Citation: 2019 NY Slip Op 03526
Docket Number: 26

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming the judgment of Supreme Court dismissing this declaratory judgment action brought by commercial tenants who unambiguously agreed to waive the ri...

People v. Towns  
Date: May 7, 2019
Citation: 2019 NY Slip Op 03527
Docket Number: 30

Justia Opinion Summary: The Court of Appeals reversed the judgment of the Appellate Division upholding Defendant's conviction of six counts of first-degree robbery, holding that the trial court created a specter of bias when it negotiated and e...

People v Rkein
Date: May 7, 2019
Citation: 2019 NY Slip Op 03528
Docket Number: 31
People v. Brown  
Date: May 7, 2019
Citation: 2019 NY Slip Op 03529
Docket Number: 32

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division reversing Defendant's conviction of manslaughter in the first degree, holding that no reasonable view of the evidence warranted a jury instruction on j...

People v Vega
Date: May 7, 2019
Citation: 2019 NY Slip Op 03530
Docket Number: 33
People v Brown
Date: May 2, 2019
Citation: 2019 NY Slip Op 03404
Docket Number: 23
People v Hill
Date: May 2, 2019
Citation: 2019 NY Slip Op 03405
Docket Number: 27
Matter of Grover v State Ins. Fund
Date: May 2, 2019
Citation: 2019 NY Slip Op 03406
Docket Number: 61 SSM 7
Larchmont Pancake House v. Board of Assessors  
Date: April 2, 2019
Citation: 2019 NY Slip Op 02441
Docket Number: 16

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division granting Respondents' motion to dismiss Petitioner's petitions challenging real property assessments, holding that Petitioner lacked standing to bring an...

People v. Tapia  
Date: April 2, 2019
Citation: 2019 NY Slip Op 02442
Docket Number: 19

Justia Opinion Summary: The Court of Appeals affirmed the decision of the Appellate Division affirming Defendant's conviction of attempted assault in the first degree, holding that a portion of a testifying witness's prior grand jury testimony...

Matter of Winchester
Date: April 2, 2019
Citation: 2019 NY Slip Op 02443
Docket Number: 49
People v Rodriguez
Date: April 2, 2019
Citation: 2019 NY Slip Op 02444
Docket Number: 59 SSM 2
People v. Alvarez  
Date: March 28, 2019
Citation: 2019 NY Slip Op 02383
Docket Number: 13

Justia Opinion Summary: The Court of Appeals affirmed the decision of the Appellate Division denying Defendant's petition for a writ of error coram nobis based on Appellant's claim that he received ineffective assistance of counsel, holding tha...

Eastbrooke Condominium v. Ainsworth  
Date: March 28, 2019
Citation: 2019 NY Slip Op 02384
Docket Number: 15

Justia Opinion Summary: The Court of Appeals held that N.Y. Real Prop. Law 339-y(4) allows a standing authorization issued by a condominium unit owner to confer authority upon a condominium board of managers to act on behalf of that owner for t...

Save America's Clocks, Inc. v City of New York  
Date: March 28, 2019
Citation: 2019 NY Slip Op 02385
Docket Number: 17

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division affirming the decision of Supreme Court annulling the decision of the New York City Landmarks Preservation Commission (LPC) to approve the redevelopmen...

People v Martin
Date: March 28, 2019
Citation: 2019 NY Slip Op 02386
Docket Number: 20
Andryeyeva v. New York Health Care, Inc.  
Date: March 26, 2019
Citation: 2019 NY Slip Op 02258
Docket Number: 11

Justia Opinion Summary: In these joint appeals from putative class actions, the Supreme Court reversed the orders of the Appellate Division rejecting the New York State Department of Labor's (DOL) interpretation of the DOL's Miscellaneous Indus...

Matter of Schoonmaker v New York State Dept. of Motor Vehs.
Date: March 26, 2019
Citation: 2019 NY Slip Op 02259
Docket Number: 46 SSM 3
Matter of Delkap Mgt., Inc. v New York State Div. of Human Rights
Date: March 26, 2019
Citation: 2019 NY Slip Op 02260
Docket Number: 47 SSM 4
Madison County Industrial Development Agency v. State Authorities Budget Office  
Date: March 21, 2019
Citation: 2019 NY Slip Op 02150
Docket Number: 14

Justia Opinion Summary: The Court of Appeals held that the determination of the New York State Authorities Budget Office (ABO) denying the request of Petitioners - Madison County Industrial Development Agency (MCIDA) and Madison Grant Facilitat...

Ajdler v. Province of Mendoza  
Date: March 21, 2019
Citation: 2019 NY Slip Op 02151
Docket Number: 18

Justia Opinion Summary: The Court of Appeals accepted a question certified to it by the federal court of appeals and answered that, pursuant to the Court’s Rule 500.27, if a bond issuer remains obligated to make biannual interest payments until...

People v Pendell
Date: March 21, 2019
Citation: 2019 NY Slip Op 02152
Docket Number: 45 SSM 1
People v Cisse
Date: February 21, 2019
Citation: 2019 NY Slip Op 01258
Docket Number: 10
Hinton v Village of Pulaski
Date: February 21, 2019
Citation: 2019 NY Slip Op 01261
Docket Number: 35 SSM 27
In re New York City Asbestos Litigation  
Date: February 21, 2019
Citation: 2019 NY Slip Op 01259
Docket Number: 8

Justia Opinion Summary: In this complaint alleging that Defendants were responsible for causing Mason South’s mesothelioma, from which he died, the Court of Appeals affirmed the Appellate Division's decision affirming Supreme Court’s denial of...

People v. Diaz  
Date: February 21, 2019
Citation: 2019 NY Slip Op 01260
Docket Number: 9

Justia Opinion Summary: The Court of Appeals held that a correctional facility’s release to prosecutors or law enforcement agencies of recordings of nonprivileged telephone calls made by pretrial detainees, who are notified that their calls wil...

In re James Q.  
Date: February 19, 2019
Citation: 2019 NY Slip Op 01166
Docket Number: 3

Justia Opinion Summary: The Court of Appeals held that N.Y. Mental Hyg. Law 33.13, which protects the confidentiality of the clinical records of patients and clients as maintained by facilities licensed or operated by the Office of Mental Healt...

People v. Thomas  
Date: February 19, 2019
Citation: 2019 NY Slip Op 01167
Docket Number: 5

Justia Opinion Summary: The Court of Appeals held that a resentence on a prior conviction, imposed after the original sentence is vacated as illegal, does not reset the date of sentencing for purposes of determining a defendant’s predicate felo...

U.S. Bank National Ass’n v. DLJ Mortgage Capital, Inc.  
Date: February 19, 2019
Citation: 2019 NY Slip Op 01168
Docket Number: 6

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Court affirming the judgment of Supreme Court dismissing this action filed by the trustee (Trustee) of three residential mortgage-backed securities (RMBS) alleging...

U.S. Bank National Ass’n v DLJ Mortgage Capital, Inc.  
Date: February 19, 2019
Citation: 2019 NY Slip Op 01169
Docket Number: 7

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming Supreme Court’s dismissal of the complaint filed by the trustee (Trustee) of the ABSHE 2006 residential mortgage-backed securities (RMBS) trust,...

Mental Hygiene Legal Service v. Sullivan  
Date: February 14, 2019
Citation: 2019 NY Slip Op 01122
Docket Number: 1

Justia Opinion Summary: The Court of Appeals held that assigned Mental Hygiene Legal Services (MHLS) counsel is not entitled to be given an interview and an opportunity to participate in treatment planning meetings for article 10 respondents pl...

Mental Hygiene Legal Service v. Daniels  
Date: February 14, 2019
Citation: 2019 NY Slip Op 01123
Docket Number: 2

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division and dismissed this petition and proceeding, holding that Mental Hygiene Legal Service (MHLS) did not have standing to bring this proceeding in its own nam...

Matter of Giaquinto
Date: February 14, 2019
Citation: 2019 NY Slip Op 01125
Docket Number: 34 SSM 26
Arrowhead Capital Finance, Ltd. v Cheyne Specialty Fin. Fund L.P.  
Date: February 14, 2019
Citation: 2019 NY Slip Op 01124
Docket Number: 4

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division affirming Supreme Court’s dismissal of the claims in this case, holding that failure by a nonresident attorney admitted in New York to comply with the...

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