New York Court of Appeals Decisions 2019
Date: December 19, 2019
Citation: 2019 NY Slip Op 09059
Docket Number: 107
Justia Opinion Summary: The Court of Appeals affirmed the judgment of the trial court denying Defendant's motion to suppress evidence following the court's granting permission to the People to reopen the hearing and present additional testimony…
Date: December 19, 2019
Citation: 2019 NY Slip Op 09060
Docket Number: 108
Justia Opinion Summary: The Court of Appeals affirmed the opinion of the Appellate Division affirming Defendant's conviction of first-degree criminal possession of a forged instrument and seventh-degree criminal possession of a controlled…
Date: December 17, 2019
Citation: 2019 NY Slip Op 08976
Docket Number: 100
Justia Opinion Summary: The Court of Appeals affirmed the Appellate Division's decision confirming the determination of the Environmental Control Board (ECB) concluding that petitioner corporations were outdoor advertising companies (OACs),…
Date: December 17, 2019
Citation: 2019 NY Slip Op 08978
Docket Number: 102
Justia Opinion Summary: The Court of Appeals affirmed the judgments of the trial court in both of these cases, holding that both courts erred by reversing, after summations, their prior rulings on Defendants' requests to charge the jury, but…
Date: December 17, 2019
Citation: 2019 NY Slip Op 08979
Docket Number: 106
Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division, holding that, under N.Y. C.P.L.R. 3122(a)(2), the Comptroller of the State of New York's subpoenas to a medical provider seeking patients' records in…
Date: December 17, 2019
Citation: 2019 NY Slip Op 08981
Docket Number: 117 SSM 22
Date: December 17, 2019
Citation: 2019 NY Slip Op 08982
Docket Number: 118 SSM 24
Date: December 17, 2019
Citation: 2019 NY Slip Op 08980
Docket Number: 99
Date: November 26, 2019
Citation: 2019 NY Slip Op 08544
Docket Number: 86
Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division rejecting Defendant's challenges to his conviction of two counts of manslaughter in the second degree, holding that Defendant's conduct may be prosecuted…
Date: November 26, 2019
Citation: 2019 NY Slip Op 08545
Docket Number: 87
Justia Opinion Summary: In these three consolidated appeals the Court of Appeals addressed the issue of imprecise language in Defendants' written waivers of the right to appeal that mischaracterized the scope of the appellate rights waived as a…
Date: November 26, 2019
Citation: 2019 NY Slip Op 08546
Docket Number: 91
Date: November 25, 2019
Citation: 2019 NY Slip Op 08518
Docket Number: 82
Justia Opinion Summary: The Court of Appeals reversed the judgment of the Appellate Division confirming the determination of Respondents New York State Comptroller and New York State and Local Employees' Retirement System that Petitioner was…
Date: November 25, 2019
Citation: 2019 NY Slip Op 08519
Docket Number: 84
Justia Opinion Summary: In these appeals stemming from two residential mortgage-back securities (RMBS) transactions the Court of Appeals affirmed the order of the Appellate Division reversing the judgment of Supreme Court and granting…
Date: November 25, 2019
Citation: 2019 NY Slip Op 08520
Docket Number: 85
Justia Opinion Summary: The Court of Appeals affirmed the Appellate Division's order affirming Supreme Court's dismissal of Plaintiff's action brought under N.Y. Real Prop. Acts. Law 1504(1) to discharge a mortgage on grounds that the statute…
Date: November 25, 2019
Citation: 2019 NY Slip Op 08521
Docket Number: 92
Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming the judgment of the Court of Claims granting the State's motion for summary judgment in this assault and battery case involving an inmate who…
Date: November 25, 2019
Citation: 2019 NY Slip Op 08522
Docket Number: 93
Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division affirming Defendant's conviction, holding that the trial court abused its discretion as a matter of law and committed reversible error when it refused to…
Date: November 21, 2019
Citation: 2019 NY Slip Op 08448
Docket Number: 116 SSM 18
Date: November 21, 2019
Citation: 2019 NY Slip Op 08445
Docket Number: 81
Justia Opinion Summary: The Court of Appeals answered in the negative a question certified to it by the United States Court of Appeals for the Second Circuit asking whether N.Y. Pub. Health Law 230(11)(b) creates a private right of action for…
Date: November 21, 2019
Citation: 2019 NY Slip Op 08446
Docket Number: 83
Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming a Supreme Court judgment enjoining a three-day music and camping festival on Landowner's rural property in the Town of Delaware, holding that…
Date: November 21, 2019
Citation: 2019 NY Slip Op 08447
Docket Number: 90
Justia Opinion Summary: The Court of Appeals reversed the judgment of the Appellate Division granting a writ of habeas corpus, holding that Supreme Court did not abuse its discretion by disapproving an insurance company bail bond package…
Date: October 29, 2019
Citation: 2019 NY Slip Op 07713
Docket Number: 113 SSM 21
Date: October 29, 2019
Citation: 2019 NY Slip Op 07711
Docket Number: 70
Justia Opinion Summary: In this dispute between members of the Cayuga Nation, a federally-recognized Indian tribe, the Court of Appeals reversed the order of the Appellate Division affirming the denial of Defendants' motion to dismiss the…
Date: October 24, 2019
Citation: 2019 NY Slip Op 07642
Docket Number: 72
Justia Opinion Summary: In this case involving injuries Plaintiff received from the condition of demised premises the Court of Appeals affirmed the order of the Appellate Division affirming Supreme Court's order holding that Defendants, owners…
Date: October 24, 2019
Citation: 2019 NY Slip Op 07643
Docket Number: 73
Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division reversing Supreme Court's order denying Defendants' motion for summary judgment and rejecting their arguments that out-of-possession landowners are not…
Date: October 22, 2019
Citation: 2019 NY Slip Op 07519
Docket Number: 67
Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division modifying Supreme Court's dismissal of Plaintiffs' amended class action complaint by denying the part of the motion seeking dismissal of the class action…
Date: October 22, 2019
Citation: 2019 NY Slip Op 07520
Docket Number: 69
Justia Opinion Summary: The Court of Appeals affirmed the challenged portion of the order of the Appellate Division affirming Supreme Court's upholding the determination of the New York State Department of Environmental Conservation (DEC) that…
Date: October 22, 2019
Citation: 2019 NY Slip Op 07521
Docket Number: 71
Justia Opinion Summary: The Court of Appeals affirmed the conclusion of the Appellate Division that the trial court abused its discretion by denying Defendant's N.Y. Crim. Proc. Law 330.30 motion to set aside the verdict against him based on…
Date: October 17, 2019
Citation: 2019 NY Slip Op 07478
Docket Number: 111 SSM 16
Date: October 17, 2019
Citation: 2019 NY Slip Op 07479
Docket Number: 112 SSM 17
Date: September 12, 2019
Citation: 2019 NY Slip Op 06537
Docket Number: 98 SSM 20
Date: June 27, 2019
Citation: 2019 NY Slip Op 05183
Docket Number: 54
Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division reversing the judgment of County County convicting Defendant, a level three sex offender, of failing to register his Facebook account, concluding that…
Date: June 27, 2019
Citation: 2019 NY Slip Op 05184
Docket Number: 56
Justia Opinion Summary: In this N.Y. C.P.L.R. 78 proceeding, the Court of Appeals held that Tax Appeals Tribunal of the State of New York (the Tribunal) rationally determined that the information services receipts at issue in this case were not…
Date: June 25, 2019
Citation: 2019 NY Slip Op 05057
Docket Number: 50
Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division reversing the judgment of Supreme Court granting summary judgment in favor of Plaintiffs, individual tenants of rented apartments owned by Defendants,…
Date: June 25, 2019
Citation: 2019 NY Slip Op 05058
Docket Number: 52
Date: June 25, 2019
Citation: 2019 NY Slip Op 05059
Docket Number: 53
Justia Opinion Summary: The Court of Appeals accepted a question certified to it by the United States Court of Appeals and answered that if an entered divorce judgment grants a spouse an interest in real property pursuant to N.Y. Dom. Rel. Law…
Date: June 25, 2019
Citation: 2019 NY Slip Op 05060
Docket Number: 55
Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division affirming Defendant's conviction, holding that the People violated their constitutional obligation to disclose a surveillance video that captured the…
Date: June 25, 2019
Citation: 2019 NY Slip Op 05062
Docket Number: 79 SSM 12
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…
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…
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…
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…
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…
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…
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…
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…
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,…
Date: June 6, 2019
Citation: 2019 NY Slip Op 04449
Docket Number: 63 SSM 8
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…
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…
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…
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…
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…
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…
Date: May 2, 2019
Citation: 2019 NY Slip Op 03406
Docket Number: 61 SSM 7
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…
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…
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…
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…
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…
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…
Date: March 26, 2019
Citation: 2019 NY Slip Op 02259
Docket Number: 46 SSM 3
Date: March 26, 2019
Citation: 2019 NY Slip Op 02260
Docket Number: 47 SSM 4
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…
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…
Date: February 21, 2019
Citation: 2019 NY Slip Op 01261
Docket Number: 35 SSM 27
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…
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…
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…
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…
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…
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,…
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…
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…
Date: February 14, 2019
Citation: 2019 NY Slip Op 01125
Docket Number: 34 SSM 26
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…
