New York Court of Appeals Decisions 2020

People v Robinson
Date: December 22, 2020
Citation: 2020 NY Slip Op 07690
Docket Number: 107 SSM 25
People v Zaquan Walley
Date: December 22, 2020
Citation: 2020 NY Slip Op 07691
Docket Number: 108 SSM 26
In re Part 60 Put-Back Litigation  
Date: December 22, 2020
Citation: 2020 NY Slip Op 07687
Docket Number: 84

Justia Opinion Summary: In this residential mortgage-backed securities (RMBS) action the Court of Appeals reversed the order of the Appellate Division and reinstated the order of Supreme Court, holding that, in a breach of contract action, the...

People v Del Rosario
Date: December 22, 2020
Citation: 2020 NY Slip Op 07688
Docket Number: 89
Town of Irondequoit v. County of Monroe  
Date: December 22, 2020
Citation: 2020 NY Slip Op 07689
Docket Number: 90

Justia Opinion Summary: The Court of Appeals concluded that the Town of Irondequoit and the Town of Brighton were entitled to relief on their claims challenging the determination of Monroe County that it would not credit unpaid property mainten...

JPMorgan Chase Bank, N.A. v Caliguri
Date: December 17, 2020
Citation: 2020 NY Slip Op 07660
Docket Number: 85
US Bank N.A. v Nelson
Date: December 17, 2020
Citation: 2020 NY Slip Op 07661
Docket Number: 86
Peyton v. New York City Board of Standards & Appeals  
Date: December 17, 2020
Citation: 2020 NY Slip Op 07662
Docket Number: 88

Justia Opinion Summary: The Court of Appeals upheld the decision of the Board of Standards and Appeals of the City of New York (BSA) interpreting the definition of open space within the meaning of the New York City Zoning Resolution to encompas...

People v J.L.  
Date: December 17, 2020
Citation: 2020 NY Slip Op 07663
Docket Number: 91

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division insofar as appealed from and ordered a new trial on the count of criminal possession of a weapon in the third degree, holding that the jury should have be...

People v. Williams  
Date: December 17, 2020
Citation: 2020 NY Slip Op 07664
Docket Number: 92

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of unlawfully possessing a firearm, holding that the lower courts properly concluded that Defendant was not entitled to a jury charge regarding temporary and lawful po...

People v Bisono
Date: December 15, 2020
Citation: 2020 NY Slip Op 07484
Docket Number: 97 SSM 14
Trustees of Columbia University in City of New York v. D'Agostino Supermarkets, Inc.  
Date: November 24, 2020
Citation: 2020 NY Slip Op 06937
Docket Number: 40

Justia Opinion Summary: The Supreme Court affirmed the order of the Appellate Division affirming Supreme Court's grant of summary judgment, holding that a liquidated damages provision in a Surrender Agreement between Columbia University and D'A...

Chen v. Insurance Co. of State of PA  
Date: November 24, 2020
Citation: 2020 NY Slip Op 06938
Docket Number: 77

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming Supreme Court's conclusion that an excess insurer did not have an obligation to pay interest on an underlying personal injury judgment after the...

Sutton 58 Associates LLC v. Pilevsky  
Date: November 24, 2020
Citation: 2020 NY Slip Op 06939
Docket Number: 80

Justia Opinion Summary: The Court of Appeals held that federal bankruptcy law did not preempt Plaintiff's state law claims asserted against non-debtor third parties for tortious interference with a contract. Plaintiff loaned $147,250,000 to no...

People v. Lendof-Gonzalez  
Date: November 24, 2020
Citation: 2020 NY Slip Op 06940
Docket Number: 81

Justia Opinion Summary: The Court of Appeals affirmed the decision of the Appellate Court vacating Defendant's convictions of two counts of attempted murder in the first degree and two counts of attempted murder in the second degree, holding th...

People v Edwards
Date: November 24, 2020
Citation: 2020 NY Slip Op 06941
Docket Number: 96 SSM 27
In re Marian T.  
Date: November 23, 2020
Citation: 2020 NY Slip Op 06932
Docket Number: 49

Justia Opinion Summary: The Court of Appeals affirmed the opinion of the Appellate Division concluding that, in appropriate circumstances, N.Y. Dom. Rel. Law (DRL) 111(1)(a) permits a court to approve an adoption even absent the consent of an a...

People ex rel. McCurdy v. Warden, Westchester County Correctional Facility  
Date: November 23, 2020
Citation: 2020 NY Slip Op 06933
Docket Number: 73

Justia Opinion Summary: The Court of Appeals held that New York statutes allow the Department of Corrections and Community Supervision (DOCCS) to place a Sexual Assault Reform Act (SARA)-restricted sex offender temporarily in a residential trea...

People ex rel. Johnson v. Superintendent, Adirondack Correctional Facility  
Date: November 23, 2020
Citation: 2020 NY Slip Op 06934
Docket Numbers: 74, 75

Justia Opinion Summary: The Court of Appeals held that, in these two criminal cases, there was no constitutional violation in the practice of temporarily confining level three sex offenders in correctional facilities, after the time they would...

People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility  
Date: November 23, 2020
Citation: 2020 NY Slip Op 06935
Docket Number: 76

Justia Opinion Summary: The Court of Appeals held that the condition restricting entry upon school grounds on certain offenders is mandatory only for parolees who have been designated a level three sex offender under the Sex Offender Registrati...

Matter of Green v LaClair
Date: November 23, 2020
Citation: 2020 NY Slip Op 06936
Docket Number: 94 SSM 23
People v Pena
Date: November 19, 2020
Citation: 2020 NY Slip Op 06836
Docket Number: 45
DiLorenzo v Windermere Owners LLC
Date: November 19, 2020
Citation: 2020 NY Slip Op 06837
Docket Number: 78
People v. Balkman  
Date: November 19, 2020
Citation: 2020 NY Slip Op 06838
Docket Number: 79

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division affirming County Court's denial of Defendant's motion to suppress evidence obtained from a stop of the vehicle in which Defendant was a front seat pass...

People v Smith
Date: November 19, 2020
Citation: 2020 NY Slip Op 06839
Docket Number: 95 SSM 24
Hewitt v. Palmer Veterinary Clinic, PC  
Date: October 22, 2020
Citation: 2020 NY Slip Op 05975
Docket Number: 28

Justia Opinion Summary: In this negligence action stemming from injuries Plaintiff allegedly received by a dog in the waiting room of a veterinary clinic, the Court of Appeals modified the order of the Appellate Division affirming Supreme Court...

CNH Diversified Opportunities Master Account, L.P. v Cleveland Unlimited, Inc.  
Date: October 22, 2020
Citation: 2020 NY Slip Op 05976
Docket Number: 42

Justia Opinion Summary: In this lawsuit brought by Plaintiffs, the holders of a minority in principal amount of senior secured debt, against the debtor and its guarantors to recover payment of principal and interest after the issuer defaulted,...

People v. McIver  
Date: October 22, 2020
Citation: 2020 NY Slip Op 05977
Docket Number: 62

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division reversing Defendant's conviction of manslaughter in the first degree and denied Defendant's motion to suppress DNA evidence from a Defendant's body by buc...

Chavez v. Occidental Chemical Corp  
Date: October 20, 2020
Citation: 2020 NY Slip Op 05839
Docket Number: 39

Justia Opinion Summary: The Court of Appeals answered questions certified to it by the United States Court of Appeals for the Second Circuit regarding whether New York recognizes so-called American Pipe tolling of the statute of limitations for...

People v. Batticks  
Date: October 20, 2020
Citation: 2020 NY Slip Op 05840
Docket Number: 41

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming Defendant's conviction of second-degree assault, holding that the trial court did not abuse its discretion in giving the jury a curative instruc...

Lynch v. City of New York  
Date: October 20, 2020
Citation: 2020 NY Slip Op 05841
Docket Number: 44

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division and reinstated Supreme Court's judgment declaring that Defendants violated the second subdivision (h) of Administrative Code of the City of New York 13-21...

People v. Hardy  
Date: October 15, 2020
Citation: 2020 NY Slip Op 05803
Docket Number: 48

Justia Opinion Summary: The Court of Appeals reversed Defendant's conviction of criminal contempt, as charged in an amended accusatory instrument, holding that the lower courts erred in permitting amendment of a clearly erroneous fact contained...

In re Miller  
Date: October 15, 2020
Citation: 2020 NY Slip Op 05804
Docket Number: 61

Justia Opinion Summary: The Court of Appeals affirmed the determination of the State Commission on Judicial Conduct that Petitioner, a Judge of the Family Court, Broome County, committed certain acts of misconduct and should be removed from off...

Matter of Zielinski v Venettozzi
Date: September 15, 2020
Citation: 2020 NY Slip Op 04905
Docket Number: 83 SSM 13
People v. Hinshaw  
Date: September 1, 2020
Citation: 2020 NY Slip Op 04816
Docket Number: 46

Justia Opinion Summary: The Court of Appeals held that the automobile stop in this case was unlawful and clarified the law of New York as it is presently understood by all four Appellate Division departments, holding that the Appellate Courts a...

Barry v Lee
Date: September 1, 2020
Citation: 2020 NY Slip Op 04817
Docket Number: 82 SSM 12
National Fuel Gas Supply Corp. v. Schueckler  
Date: June 25, 2020
Citation: 2020 NY Slip Op 03563
Docket Number: 29

Justia Opinion Summary: The Court of Appeals held that the certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission (FERC) to National Fuel Gas Supply for its proposed construction of a ninety-nine-mile...

Matter of Seon v New York State Dept. of Motor Vehs.
Date: June 25, 2020
Citation: 2020 NY Slip Op 03564
Docket Number: 32
People v Hemphill
Date: June 25, 2020
Citation: 2020 NY Slip Op 03567
Docket Number: 66 SSM 5
Matter of Froehlich v New York State Dept. of Corr. & Community Supervision
Date: June 25, 2020
Citation: 2020 NY Slip Op 03565
Docket Number: 68 SSM 10
Matter of Arroyo v O'Neill
Date: June 25, 2020
Citation: 2020 NY Slip Op 03566
Docket Number: 69 SSM 11
People v. Lang  
Date: June 23, 2020
Citation: 2020 NY Slip Op 03487
Docket Number: 27

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division affirming Defendant's conviction for murder in the second degree and criminal possession of a weapon in the fourth degree, holding that the trial court di...

In re Senzer  
Date: June 23, 2020
Citation: 2020 NY Slip Op 03488
Docket Number: 31

Justia Opinion Summary: The Court of Appeals concluded that Petitioner, a justice of the Northport Village Court, Suffolk County, committed certain acts of misconduct warranting his removal from the office and accepted the determined sanction o...

Cole v Cole
Date: June 23, 2020
Citation: 2020 NY Slip Op 03489
Docket Number: 67 SSM 8
People v. Page  
Date: June 11, 2020
Citation: 2020 NY Slip Op 03265
Docket Number: 47

Justia Opinion Summary: The Court of Appeals reversed the decisions of the courts below granting Defendant's motion to suppress evidence recovered from a vehicle search, holding that the lower courts erred in relying on this Court's decision in...

Matter of Benson v New York State Bd. of Parole
Date: June 9, 2020
Citation: 2020 NY Slip Op 03207
Docket Number: 63 SSM 4
People v Harris
Date: June 9, 2020
Citation: 2020 NY Slip Op 03208
Docket Number: 64 SSM 6
People v Ball
Date: June 9, 2020
Citation: 2020 NY Slip Op 03209
Docket Number: 65 SSM 7
Seawright v. Board of Elections in City of New York  
Date: May 21, 2020
Citation: 2020 NY Slip Op 02993
Docket Numbers: 56, 58

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division in Matter of Seawright v. Board of Elections in the City of New York and affirmed the decision of the Appellate Division in Matter of Hawatmeh v. New Y...

Ferreyra v. Arroyo  
Date: May 21, 2020
Citation: 2020 NY Slip Op 02994
Docket Number: 57

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division determining that the designating petition submitted by Respondent should not be invalidated because it was permeated by fraud, holding that, under the cir...

Matter of Mejia v Board of Elections in the City of New York
Date: May 21, 2020
Citation: 2020 NY Slip Op 02995
Docket Number: 59
People v. Maffei  
Date: May 7, 2020
Citation: 2020 NY Slip Op 02680
Docket Number: 25

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division concluding on direct appeal that Defendant was not entitled to relief on his ineffective assistance of counsel claim, holding that Defendant, on this reco...

Colon v. Martin  
Date: May 7, 2020
Citation: 2020 NY Slip Op 02681
Docket Number: 26

Justia Opinion Summary: The Court of Appeals affirmed the decision of the Appellate Division affirming Supreme Court's order dismissing Plaintiffs' personal injury action against, among other defendants, the City of New York, based on Plaintiff...

People v. Holz  
Date: May 7, 2020
Citation: 2020 NY Slip Op 02682
Docket Number: 33

Justia Opinion Summary: The Court of Appeals held that N.Y. Crim. Proc. Law (CPL) 710.70(2) grants a defendant the right to review of a suppression decision when the order related exclusively to a count that was satisfied by a guilty plea but w...

American International Specialty Lines Insurance Co. v. Allied Capital Corp.  
Date: April 30, 2020
Citation: 2020 NY Slip Op 02529
Docket Number: 23

Justia Opinion Summary: The Court of Appeals held that an arbitration panel acted within the bounds of its broad authority by reconsidering an initial determination - denominated a "partial final award" - that addressed some, but not all, of th...

People v Middleton
Date: April 30, 2020
Citation: 2020 NY Slip Op 02530
Docket Number: 24
Matter of McGuire
Date: April 30, 2020
Citation: 2020 NY Slip Op 02531
Docket Number: 53
Regina Metropolitan Co. v. New York State Division of Housing & Community Renewal  
Date: April 2, 2020
Citation: 2020 NY Slip Op 02127
Docket Number: 1

Justia Opinion Summary: In these four appeals presenting a common issue under the Rent Stabilization Law (RSL) the Court of Appeals held that the new overcharge calculation provisions set forth in part F, section 7 of the Housing Stability and...

Collazo v Netherland Prop. Assets LLC
Date: April 2, 2020
Citation: 2020 NY Slip Op 02128
Docket Number: 5
People v. Williams  
Date: March 31, 2020
Citation: 2020 NY Slip Op 02123
Docket Number: 15

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of murder, holding that the trial court abused its discretion as a matter of law in admitting certain DNA evidence without holding a hearing pursuant to Frye v. United...

People v Foster-Bey
Date: March 31, 2020
Citation: 2020 NY Slip Op 02124
Docket Number: 16
Bill Birds, Inc. v. Stein Law Firm, P.C.  
Date: March 31, 2020
Citation: 2020 NY Slip Op 02125
Docket Number: 19

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division granting summary judgment and dismissing Plaintiffs' claim under N.Y. Jud. Law 487(1) against their former attorneys who allegedly induced them to bring a...

People v. Delorbe  
Date: March 31, 2020
Citation: 2020 NY Slip Op 02126
Docket Number: 21

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction and affirmed the denial of Defendant's pro se motion pursuant to N.Y. Crim. Proc. Law (CPL) 440.10 to vacate his conviction of attempted burglary in the second degree,...

In re Vega  
Date: March 26, 2020
Citation: 2020 NY Slip Op 02094
Docket Number: 13

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division reversing the decision of the Unemployment Insurance Appeals Board that Claimant, a former courier with Postmates, Inc., and others similarly situated ar...

O'Donnell v. Erie County  
Date: March 26, 2020
Citation: 2020 NY Slip Op 02095
Docket Number: 14

Justia Opinion Summary: The Court of Appeals reversed the decision of the Workers' Compensation Board upholding Claimant's award for loss of post-accident earnings, holding that because the Board departed from its administrative precedent witho...

People v. Perez  
Date: March 26, 2020
Citation: 2020 NY Slip Op 02096
Docket Number: 20

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division, holding that Defendant's prior New Jersey conviction was within the scope endangering the welfare of a child under New York law, and therefore, the court...

People v Hymes
Date: March 26, 2020
Citation: 2020 NY Slip Op 02097
Docket Number: 52 SSM 2
Plavin v. Group Health Inc.  
Date: March 24, 2020
Citation: 2020 NY Slip Op 02025
Docket Number: 12

Justia Opinion Summary: The Court of Appeals accepted questions certified to it by the United States Court of Appeals for the Third Circuit and answered that, in this case, Plaintiff sufficiently alleged consumer-oriented conduct to assert clai...

People v Tsintzelis
Date: March 24, 2020
Citation: 2020 NY Slip Op 02026
Docket Number: 17
Daniels v New York City Tr. Auth.
Date: March 24, 2020
Citation: 2020 NY Slip Op 02027
Docket Number: 51 SSM 1
Matter of Miller
Date: March 18, 2020
Citation: 2020 NY Slip Op 01950
Docket Number: 50
Biaca-Neto v Boston Rd. II Hous. Dev. Fund Corp.
Date: February 18, 2020
Citation: 2020 NY Slip Op 01116
Docket Number: 34 SSM 30
People v Diaz
Date: February 18, 2020
Citation: 2020 NY Slip Op 01114
Docket Number: 37 SSM 28
Battaglia v MDC Concourse Ctr., LLC
Date: February 18, 2020
Citation: 2020 NY Slip Op 01115
Docket Number: 38 SSM 29
People v. Anonymous  
Date: February 18, 2020
Citation: 2020 NY Slip Op 01113
Docket Number: 8

Justia Opinion Summary: In this criminal proceeding, the Court of Appeals held that the Appellate Division correctly concluded that the sentencing court erred in unsealing the court record of the proceeding in which Defendant was acquitted but...

People v Ramlall
Date: February 13, 2020
Citation: 2020 NY Slip Op 00995
Docket Number: 10
People v. Francis  
Date: February 13, 2020
Citation: 2020 NY Slip Op 00996
Docket Number: 11

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Appellate Division affirming the judgment of Supreme Court denying Defendant's motion to set aside his sentence of six months of incarceration, imposed upon his guilty pl...

Preston v APCH, Inc.
Date: February 13, 2020
Citation: 2020 NY Slip Op 01000
Docket Number: 35 SSM 31
Bohlen v. DiNapoli  
Date: February 13, 2020
Citation: 2020 NY Slip Op 00997
Docket Number: 6

Justia Opinion Summary: The Court of Appeals upheld a determination of the Comptroller's Office that a Port Authority compensation adjustment program artificially enhanced certain employees' final average salaries so as to increase their retire...

People v Wheeler
Date: February 13, 2020
Citation: 2020 NY Slip Op 00998
Docket Number: 7
Leggio v. Devine  
Date: February 13, 2020
Citation: 2020 NY Slip Op 00999
Docket Number: 9

Justia Opinion Summary: The Court of Appeals confirmed the determination of a local services agency, confirmed by a state agency, that child support payments a parent receives, made for the benefit of her five children living at home, are inclu...

People v Muhammad
Date: January 9, 2020
Citation: 2020 NY Slip Op 00180
Docket Number: 22 SSM 27
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