New York Court of Appeals Decisions 2021

Plymouth Venture Partners, II, L.P. v GTR Source, LLC  
Date: December 16, 2021
Citation: 2021 NY Slip Op 07055
Docket Number: 73

Justia Opinion Summary: The Court of Appeals answered questions certified by the Second Circuit Court of Appeals regarding the validity of tort claims brought by a judgment debtor against its judgment creditors, holding that a judgment debtor's...

Estate of Kainer v. UBS AG  
Date: December 16, 2021
Citation: 2021 NY Slip Op 07056
Docket Number: 76

Justia Opinion Summary: In this action involving a dispute over ownership of the proceeds of the sale of an Edgar Degas painting that was stolen from Margaret Kainer in the 1930s the Court of Appeals affirmed the judgment of Supreme Court grant...

People v Lamb
Date: December 16, 2021
Citation: 2021 NY Slip Op 07057
Docket Number: 77
Anderson v. Anderson  
Date: December 16, 2021
Citation: 2021 NY Slip Op 07058
Docket Number: 78

Justia Opinion Summary: In these appeals concerning two permutations of the issue of whether non-compliance with the signature acknowledgement requirements of Domestic Relations Law (DRL) 236(B)(3) renders a nuptial agreement irrevocably unenfo...

People v. Wilkins  
Date: December 14, 2021
Citation: 2021 NY Slip Op 06936
Docket Number: 35

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of murder in the second degree, three counts of robbery in the first degree, and two counts of attempted robbery in the first degree, holding that Defendant was not en...

Matter of Hallock
Date: December 14, 2021
Citation: 2021 NY Slip Op 06937
Docket Number: 74
People v Lashley
Date: December 14, 2021
Citation: 2021 NY Slip Op 06938
Docket Number: 80
Matter of Adonnis M. (Kenyetta M.)
Date: December 14, 2021
Citation: 2021 NY Slip Op 06939
Docket Number: 90 SSM 29
People v Pietrocarlo
Date: December 14, 2021
Citation: 2021 NY Slip Op 06940
Docket Number: 91 SSM 30
J.P. Morgan Securities Inc. v. Vigilant Insurance Co.  
Date: November 23, 2021
Citation: 2021 NY Slip Op 06528
Docket Number: 61

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division reversing Supreme Court's order granting summary judgment to Bear, Stearns & Co. Inc. and Bear Stearns Securities Corp. (collectively, Bear Stearns) in...

People v. Buyund  
Date: November 23, 2021
Citation: 2021 NY Slip Op 06529
Docket Number: 62

Justia Opinion Summary: The Court of Appeals reversed the decision of the Appellate Division modifying the judgment of Supreme Court certifying Defendant, who was convicted of burglary in the first degree as a sexually motivated felony, as a s...

People v. Wortham  
Date: November 23, 2021
Citation: 2021 NY Slip Op 06530
Docket Number: 63

Justia Opinion Summary: The Court of Appeals reversed Defendant's conviction on several counts related to the possession of firearms and controlled substances, holding that reversal was required because no Frye hearing was held on the admissibi...

Verneau v. Consolidated Edison Co. of N.Y.  
Date: November 23, 2021
Citation: 2021 NY Slip Op 06531
Docket Numbers: 64, 65

Justia Opinion Summary: The Court of Appeals held in these consolidated appeals that liability for the death benefits claims at issue could not be transferred to the Special Fund for Reopened Cases (the Special Fund). At issue in these appeals...

People v Dukes
Date: November 23, 2021
Citation: 2021 NY Slip Op 06532
Docket Number: 86 SSM 22
People v. Powell  
Date: November 18, 2021
Citation: 2021 NY Slip Op 06424
Docket Number: 22

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of robbery in the first degree, holding that the trial court, in denying Defendant's application under People v. Bedessie, 19 NY3d 147 (2012), did not err in precludin...

Ortiz v. Ciox Health LLC  
Date: November 18, 2021
Citation: 2021 NY Slip Op 06425
Docket Number: 26

Justia Opinion Summary: The Court of Appeals accepted a question certified by the United States Court of Appeals for the Second Circuit and answered that no provide cause of action exists for violations of New York Public Health Law 18(2)(e)....

People v. Williams  
Date: November 18, 2021
Citation: 2021 NY Slip Op 06426
Docket Number: 60

Justia Opinion Summary: The Supreme Court held that, when a deliberating jury requests supplemental instruction concerning a relevant criminal statute, consent of the parties is not required before the trial court, during a readback of the requ...

People v Hargrove
Date: November 18, 2021
Citation: 2021 NY Slip Op 06427
Docket Number: 85 SSM 20
People v Jennings
Date: November 18, 2021
Citation: 2021 NY Slip Op 06428
Docket Number: 87 SSM 25
People v Mendoza
Date: November 18, 2021
Citation: 2021 NY Slip Op 06429
Docket Number: 88 SSM 27
People v Romualdo
Date: November 18, 2021
Citation: 2021 NY Slip Op 06430
Docket Number: 89 SSM 28
Adar Bays, LLC v GeneSYS ID, Inc.  
Date: October 14, 2021
Citation: 2021 NY Slip Op 05616
Docket Number: 51

Justia Opinion Summary: The Court of Appeals answered in the affirmative two questions certified to it by the United States Court of Appeals for the Second Circuit in this case involving New York's current usury laws. Specifically, the Court...

People v Ibarguen
Date: October 14, 2021
Citation: 2021 NY Slip Op 05617
Docket Number: 56
Lividini v Goldstein
Date: October 14, 2021
Citation: 2021 NY Slip Op 05618
Docket Number: 57
People v Blandford
Date: October 14, 2021
Citation: 2021 NY Slip Op 05619
Docket Number: 84 SSM 17
People v. Torres  
Date: October 12, 2021
Citation: 2021 NY Slip Op 05448
Docket Numbers: 52, 53

Justia Opinion Summary: The Court of Appeals affirmed the judgments of the trial courts in these two cases convicting Defendants of violating Administrative Code of the City of New York 19-190, known as the "Right of Way Law," holding that the...

Sassi v. Mobile Life Support Services, Inc.  
Date: October 12, 2021
Citation: 2021 NY Slip Op 05449
Docket Number: 55

Justia Opinion Summary: The Court of Appeals reversed the order of the appellate division affirming the judgment of Supreme Court dismissing this complaint for failure to state a claim, holding that Plaintiff's allegations were sufficient to su...

People v. Shanks  
Date: October 12, 2021
Citation: 2021 NY Slip Op 05450
Docket Number: 58

Justia Opinion Summary: The Court of Appeals reversed the order of the appellate division affirming Defendant's conviction of grand larceny in the third degree, holding that Defendant neither forfeited his right to counsel nor validly waived hi...

JPMorgan Chase Bank N.A. v Kelleher
Date: October 12, 2021
Citation: 2021 NY Slip Op 05451
Docket Number: 81 SSM 16
People v. Gaworecki  
Date: October 7, 2021
Citation: 2021 NY Slip Op 05392
Docket Number: 40

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division and remanded with directions to grant Defendant's motion to dismiss the indictment against him insofar as it sought to dismiss the count in the indictment...

Aybar v. Aybar  
Date: October 7, 2021
Citation: 2021 NY Slip Op 05393
Docket Number: 54

Justia Opinion Summary: The Court of Appeals affirmed the order of the appellate division reversing the orders of Supreme Court denying Defendants' motions to dismiss the complaint against them pursuant to N.Y. C.P.L.R. 3211(a)(8) on the ground...

People v Carmona
Date: October 7, 2021
Citation: 2021 NY Slip Op 05390
Docket Number: 82 SSM 18
People v Timko
Date: October 7, 2021
Citation: 2021 NY Slip Op 05391
Docket Number: 83 SSM 19
People v Dogan
Date: September 14, 2021
Citation: 2021 NY Slip Op 04956
Docket Number: 68 SSM 14
Reis v J.B. Kaufman Realty Co., LLC
Date: September 14, 2021
Citation: 2021 NY Slip Op 04957
Docket Number: 69 SSM 15
Matter of Miller v Annucci
Date: September 9, 2021
Citation: 2021 NY Slip Op 04954
Docket Number: 66 SSM 10
People v Guevara
Date: September 9, 2021
Citation: 2021 NY Slip Op 04955
Docket Number: 72 SSM 13
People v Walls
Date: September 2, 2021
Citation: 2021 NY Slip Op 04949
Docket Number: 67 SSM 11
Simmons v. Trans Express Inc.  
Date: June 3, 2021
Citation: 2021 NY Slip Op 03484
Docket Number: 34

Justia Opinion Summary: The Court of Appeals held that, under NY City Civ Ct Act 1808, small claims judgments do not have collateral estoppel or issue preclusive effect but that such judgments may have the traditional res judicator or claim pre...

Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., Inc.  
Date: June 3, 2021
Citation: 2021 NY Slip Op 03485
Docket Number: 39

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming the decision of Supreme Court dismissing Plaintiffs' complaint alleging that Defendant engaged in deceptive business practices in violation of N...

People v. Schneider  
Date: June 3, 2021
Citation: 2021 NY Slip Op 03486
Docket Number: 41

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming the judgment of the suppression court denying Defendant's motion to suppress certain eavesdropping evidence, holding that eavesdropping warrants...

Matter of West 58th St. Coalition, Inc. v City of New York
Date: May 27, 2021
Citation: 2021 NY Slip Op 03346
Docket Number: 33
People v. Iverson  
Date: May 27, 2021
Citation: 2021 NY Slip Op 03347
Docket Number: 36

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Term in these two cases reversing the default judgments entered against them for charges of certain traffic infractions, holding that a Traffic and Parking Violati...

People v Mabry
Date: May 27, 2021
Citation: 2021 NY Slip Op 03348
Docket Number: 50 SSM 8
People v. Slade  
Date: May 6, 2021
Citation: 2021 NY Slip Op 02866
Docket Numbers: 27, 28, 29

Justia Opinion Summary: In these three appeals challenging the facial sufficiency of the accusatory instrument filed against Defendants, the Court of Appeals held that a certificate of translation is not required to convert a complaint into an...

People v Brown
Date: May 6, 2021
Citation: 2021 NY Slip Op 02867
Docket Number: 49 SSM 4
Protect the Adirondacks! Inc. v. New York State Department of Environmental Conservation  
Date: May 4, 2021
Citation: 2021 NY Slip Op 02734
Docket Number: 21

Justia Opinion Summary: The Court of Appeals held that the construction of approximately twenty-seven miles of Class II community connector trails designed for snowmobile use in the Forest Preserve violated the "forever wild" provision of N.Y....

People v Anderson
Date: May 4, 2021
Citation: 2021 NY Slip Op 02735
Docket Number: 23
Stefaniak v Zulkharnain
Date: April 29, 2021
Citation: 2021 NY Slip Op 02585
Docket Numbers: 46 SSM 6, 48 SSM 6
Jacob v Franklin Hosp. Med. Ctr.
Date: April 29, 2021
Citation: 2021 NY Slip Op 02586
Docket Number: 47 SSM 7
Estate of Youngjohn v. Berry Plastics Corp.  
Date: April 1, 2021
Citation: 2021 NY Slip Op 02017
Docket Number: 12

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division holding that recovery of a claimant's schedule loss of use (SLU) award by his estate is limited to the portion of the award that would have been due to th...

People v. Epakchi  
Date: April 1, 2021
Citation: 2021 NY Slip Op 02018
Docket Number: 19

Justia Opinion Summary: The Court of Appeals reversed the judgment of the Appellate Term for the Ninth and Tenth Judicial Districts, holding that the Appellate Term lacked authority to adopt a rule of criminal procedure requiring special circum...

People v Olds
Date: April 1, 2021
Citation: 2021 NY Slip Op 02019
Docket Number: 20
CIT Bank N.A. v. Schiffman  
Date: March 30, 2021
Citation: 2021 NY Slip Op 01933
Docket Number: 11

Justia Opinion Summary: In this appeal involving a foreclosure action commenced in federal court, the Court of Appeals answered two questions posed by the United States Court of Appeals for the Second Circuit implicating what a lender must do t...

People v. Viviani  
Date: March 30, 2021
Citation: 2021 NY Slip Op 01934
Docket Number: 15

Justia Opinion Summary: The Court of Appeals held that the provisions of Executive Law 552, which created a special prosecutor appointed by the Governor empowered to investigate and prosecute crimes of abuse or neglect of vulnerable victims in...

Matter of State of New York v Donald G.
Date: March 30, 2021
Citation: 2021 NY Slip Op 01935
Docket Number: 44 SSM 3
People v Perez
Date: March 30, 2021
Citation: 2021 NY Slip Op 01936
Docket Number: 45 SSM 5
Matter of People Care Inc. v City of N.Y. Human Resources Admin.
Date: March 25, 2021
Citation: 2021 NY Slip Op 01834
Docket Number: 13
Herkimer County Indus. Dev. Agency v Village of Herkimer
Date: March 25, 2021
Citation: 2021 NY Slip Op 01835
Docket Number: 14
People v McGhee
Date: March 25, 2021
Citation: 2021 NY Slip Op 01836
Docket Number: 42 SSM 1
People v Vasquez
Date: March 25, 2021
Citation: 2021 NY Slip Op 01837
Docket Number: 43 SSM 2
Freedom Mortgage Corp. v. Engel  
Date: February 18, 2021
Citation: 2021 NY Slip Op 01090
Docket Numbers: 1, 2, 3, 4

Justia Opinion Summary: In these four appeals turning on the timeliness of a mortgage foreclosure claim and involving the intersection of contracts affecting real property ownership and the application of the statute of limitations, the Court o...

Juarez v. New York State Office of Victim Services  
Date: February 18, 2021
Citation: 2021 NY Slip Op 01091
Docket Number: 5

Justia Opinion Summary: The Court of Appeals held that the regulations of the Office of Victim Services (OVS), as amended, that limit attorneys' fee awards for crime victim claimants to the costs incurred on applications for administrative reco...

Greene v. Esplanade Venture Partnership  
Date: February 18, 2021
Citation: 2021 NY Slip Op 01092
Docket Number: 6

Justia Opinion Summary: In this case disputing whether Plaintiff, who was in close proximity to her grandchild when he was involved in a fatal accident, may pursue a claim for bystander recovery under a "zone of danger" theory, the Court of App...

People v. Gordon  
Date: February 18, 2021
Citation: 2021 NY Slip Op 01093
Docket Number: 9

Justia Opinion Summary: The Court of Appeals affirmed the decision of the Appellate Division affirming Supreme Court's judgment ordering the suppression of physical evidence seized from two vehicles, holding that the search warrant materials fa...

People v. Duval  
Date: February 11, 2021
Citation: 2021 NY Slip Op 00896
Docket Number: 10

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division upholding the denial of Defendant's suppression motion, holding that the search warrant in this case was facially valid and that Defendant's challenge to...

People v Allen
Date: February 11, 2021
Citation: 2021 NY Slip Op 00899
Docket Number: 30 SSM 29
Plaintiff v. Defendant  
Date: February 11, 2021
Citation: 2021 NY Slip Op 00897
Docket Number: 7

Justia Opinion Summary: The Court of Appeals held that the definition of credit card in N.Y. Gen. Bus. Law 511(1), as supplemented by N.Y. Gen. Bus. Law 511-a, is the controlling definition as designated by N.Y. Penal Law 155.00(7) and, as a re...

Doe v. Bloomberg, L.P.  
Date: February 11, 2021
Citation: 2021 NY Slip Op 00898
Docket Number: 8

Justia Opinion Summary: The Court of Appeals affirmed the dismissal of Plaintiff's claims that sought to hold Michael Bloomberg vicariously liable for Nicholas Ferris's offending conduct, holding that Bloomberg was not an "employer" within the...

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