New York Court of Appeals Decisions 2022

People v Hemphill
Date: July 21, 2022
Citation: 2022 NY Slip Op 04663
Docket Number: 82 SSM 12
ACE Securities Corp. v. DB Structured Products, Inc.  
Date: June 16, 2022
Citation: 2022 NY Slip Op 03927
Docket Number: 34

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the Appellate Division affirming Supreme Court's judgment dismissing HSBC Bank USA, National Association's claim against the sponsor of an underlying transaction seeking to…

People v. Galindo  
Date: June 16, 2022
Citation: 2022 NY Slip Op 03928
Docket Number: 54

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Term insofar as appealed from in this criminal case, holding that the court mistakenly relied on amended language in granting Defendant's motion to dismiss the…

DCH Auto v. Town of Mamaroneck  
Date: June 16, 2022
Citation: 2022 NY Slip Op 03929
Docket Number: 55

Justia Opinion Summary: The Court of Appeals held that a grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the…

People v. Hill  
Date: June 16, 2022
Citation: 2022 NY Slip Op 03930
Docket Number: 57

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Tern affirming Defendant's conviction of criminal possession of a controlled substance in the seventh degree in satisfaction of the accusatory instrument, holding…

Beck v City of Niagara Falls
Date: June 16, 2022
Citation: 2022 NY Slip Op 03931
Docket Number: 66 SSM 8
People v Serrano
Date: June 16, 2022
Citation: 2022 NY Slip Op 03932
Docket Number: 68 SSM 14
Nonhuman Rights Project, Inc. v. Breheny  
Date: June 14, 2022
Citation: 2022 NY Slip Op 03859
Docket Number: 52

Justia Opinion Summary: The Court of Appeals affirmed the judgment of the courts below granting a motion to dismiss Nonhuman Rights Project's petition for writ of habeas corpus seeking to secure the transfer of Happy, an elephant residing at…

Matter of Talbot V. (Kingsboro Psychiatric Ctr.)
Date: June 14, 2022
Citation: 2022 NY Slip Op 03860
Docket Number: 53
People v Huertas
Date: June 14, 2022
Citation: 2022 NY Slip Op 03861
Docket Number: 64 SSM 6
People v Stroud
Date: June 14, 2022
Citation: 2022 NY Slip Op 03862
Docket Number: 65 SSM 7
People v Laboriel
Date: June 14, 2022
Citation: 2022 NY Slip Op 03863
Docket Number: 67 SSM 10
People v Garcia
Date: May 24, 2022
Citation: 2022 NY Slip Op 03359
Docket Number: 17
People v. Mitchell  
Date: May 24, 2022
Citation: 2022 NY Slip Op 03360
Docket Number: 44

Justia Opinion Summary: The Supreme Judicial Court affirmed Defendant's conviction of fraudulent accosting and sentencing him to time served, holding that the complaint was facially sufficient. On appeal, Defendant argued that the term…

Batavia Townhouses, Ltd. v. Council of Churches Housing Development Fund Co.  
Date: May 24, 2022
Citation: 2022 NY Slip Op 03361
Docket Number: 45

Justia Opinion Summary: The Court of Appeals affirmed the order of the Appellate Division affirming as modified the order of Supreme Court ruling that the underlying action to foreclose on a mortgage was time-barred pursuant to N.Y. C.P.L.R.…

People v. Deverow  
Date: May 24, 2022
Citation: 2022 NY Slip Op 03362
Docket Number: 46

Justia Opinion Summary: The Court of Appeals reversed Defendant's conviction of murder in the second degree and criminal possession of a weapon in the second degree, holding that the effect of the trial judge's erroneous evidentiary rulings in…

People v Wideman
Date: May 24, 2022
Citation: 2022 NY Slip Op 03363
Docket Number: 63 SSM 4
Columbia Memorial Hospital v. Hinds  
Date: May 19, 2022
Citation: 2022 NY Slip Op 03306
Docket Number: 36

Justia Opinion Summary: The Court of Appeals held that when an employer pays premiums to a mutual insurance company to obtain a policy for its employee and the insurance company demutualizes, the employee is entitled to the proceeds from…

People v. Rodriguez  
Date: May 19, 2022
Citation: 2022 NY Slip Op 03307
Docket Number: 51

Justia Opinion Summary: The Court of Appeals reversed the judgment of the Appellate Division reversing Defendant's convictions for attempted use of a child in a sexual performance and other offenses and holding that a new trial was required…

People v McKenzie-Smith
Date: May 19, 2022
Citation: 2022 NY Slip Op 03308
Docket Number: 61 SSM 9
Park Ave. Assoc. in Radiology, P.C. v Nicholson
Date: May 19, 2022
Citation: 2022 NY Slip Op 03309
Docket Number: 62 SSM 13
Cutaia v Board of Mgrs. of the 160/170 Varick St. Condominium
Date: April 28, 2022
Citation: 2022 NY Slip Op 02834
Docket Number: 25
Bonczar v American Multi-Cinema, Inc.
Date: April 28, 2022
Citation: 2022 NY Slip Op 02835
Docket Number: 26
Healy v EST Downtown, LLC
Date: April 28, 2022
Citation: 2022 NY Slip Op 02836
Docket Number: 27
Harkenrider v. Hochul  
Date: April 27, 2022
Citation: 2022 NY Slip Op 02833
Docket Number: 60

Justia Opinion Summary: The Court of Appeals declared void the legislature's congressional and state senate maps, holding that judicial oversight is required to facilitate the expeditious creation of constitutionally-conforming maps for use in…

People v Easley
Date: April 26, 2022
Citation: 2022 NY Slip Op 02770
Docket Number: 2
Nemeth v. Brenntag North America  
Date: April 26, 2022
Citation: 2022 NY Slip Op 02769
Docket Number: 24

Justia Opinion Summary: The Court of Appeals reversed the judgment of the trial court awarding damages in favor of Plaintiff alleging that a commercial talcum powder that his deceased wife used daily for a period of more than ten years during…

People v. Wakefield  
Date: April 26, 2022
Citation: 2022 NY Slip Op 02771
Docket Number: 3

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of murder in the first degree and robbery in the first degree, holding that there was no evidentiary error in the proceedings below. At issue on appeal was the…

People v Dawson
Date: April 26, 2022
Citation: 2022 NY Slip Op 02772
Docket Number: 59 SSM 5
Matter of Mental Hygiene Legal Serv. v Delaney
Date: April 21, 2022
Citation: 2022 NY Slip Op 02578
Docket Number: 28
Johnson v. City of New York  
Date: April 21, 2022
Citation: 2022 NY Slip Op 02579
Docket Numbers: 29, 30

Justia Opinion Summary: The Court of Appeals held that separate schedule loss of use (SLU) awards for different injuries to the same statutory member are contemplated by N.Y. Work. Comp. Law **(WCL) 15 and that, when a complainant proves that…

People v Carman
Date: April 21, 2022
Citation: 2022 NY Slip Op 02580
Docket Number: 58 SSM 3
Ferreira v. City of Binghamton  
Date: March 22, 2022
Citation: 2022 NY Slip Op 01953
Docket Number: 10

Justia Opinion Summary: The Court of Appeals reiterated that plaintiffs must establish that a municipality owed them a special duty when they assert a negligence claim based on actions taken by the municipality acting in a governmental capacity…

White v. Cuomo  
Date: March 22, 2022
Citation: 2022 NY Slip Op 01954
Docket Number: 12

Justia Opinion Summary: The Court of Appeals reversed the decision of the appellate division modifying and affirming the judgment of Supreme Court declaring that article 14 of the Racing, Pari-Mutuel Wagering and breeding Law violates the…

Toussaint v. Port Authority of N.Y. & N.J.  
Date: March 22, 2022
Citation: 2022 NY Slip Op 01955
Docket Number: 16

Justia Opinion Summary: The Court of Appeals reversed the order of the Appellate Division modifying the order of Supreme Court by granting Plaintiff summary judgment on his claim brought under N.Y. Labor Law 241(6), holding that the section…

People v. Bush  
Date: March 22, 2022
Citation: 2022 NY Slip Op 01956
Docket Number: 18

Justia Opinion Summary: The Court of Appeals affirmed the order of the appellate division affirming Defendant's conviction, entered pursuant to a guilty plea, to the class A misdemeanor of criminal possession of a controlled substance in the…

Matter of Alvarez v Annucci
Date: March 22, 2022
Citation: 2022 NY Slip Op 01957
Docket Number: 50 SSM 35
U.S. Bank National Ass'n v. DLJ Mortgage Capital, Inc.  
Date: March 17, 2022
Citation: 2022 NY Slip Op 01866
Docket Number: 11

Justia Opinion Summary: In this residential mortgage-backed securities case, the Court of Appeals held that the contractual "sole remedy repurchase protocol" required that a trustee (Plaintiff) provide loan-specific pre-suit notice in order to…

Revis v Schwartz
Date: March 17, 2022
Citation: 2022 NY Slip Op 01867
Docket Number: 13
People v. Burgos  
Date: March 17, 2022
Citation: 2022 NY Slip Op 01868
Docket Number: 14

Justia Opinion Summary: The Court of Appeals affirmed Defendant's conviction of four counts of assault in the first degree for his participation in an attack involving two victims, holding that Defendant's allegations of error were unavailing.…

Onondaga County Dept. of Children & Family Servs. v Maurice S.
Date: March 17, 2022
Citation: 2022 NY Slip Op 01869
Docket Number: 48 SSM 23
Matter of Gray v LaFountain
Date: March 17, 2022
Citation: 2022 NY Slip Op 01870
Docket Number: 49 SSM 36
Matter of Callen v New York City Loft Bd.
Date: February 15, 2022
Citation: 2022 NY Slip Op 00957
Docket Number: 4
Aurora Associates LLC v. Locatelli  
Date: February 15, 2022
Citation: 2022 NY Slip Op 00958
Docket Number: 5

Justia Opinion Summary: The Court of Appeals held that a loft unit located in an interim multiple dwelling covered by the provisions of the Loft Law but exempt from the rent regulations of the Loft Law, Multiple Dwelling Law article 7-C, by…

Endara-Caicedo v. Vehicles  
Date: February 15, 2022
Citation: 2022 NY Slip Op 00959
Docket Number: 7

Justia Opinion Summary: The Court of Appeals held that the two-hour rule in N.Y. Veh. & Traf. Law 1194(2)(a)(1) authorizing a chemical test to be taken from a motorist based upon deemed consent is not applicable to a Department of Motor…

People v Duarte
Date: February 15, 2022
Citation: 2022 NY Slip Op 00960
Docket Number: 9
Hunters for Deer, Inc. v Town of Smithtown
Date: February 10, 2022
Citation: 2022 NY Slip Op 00907
Docket Number: 1
Bonem v William Penn Life Ins. Co. of N.Y.
Date: February 10, 2022
Citation: 2022 NY Slip Op 00908
Docket Number: 31 SSM 32
People v Johnson
Date: February 10, 2022
Citation: 2022 NY Slip Op 00909
Docket Number: 32 SSM 34
Matter of Stilson
Date: February 10, 2022
Citation: 2022 NY Slip Op 00956
Docket Number: 33
Donohue v. Cuomo  
Date: February 10, 2022
Citation: 2022 NY Slip Op 00910
Docket Number: 6

Justia Opinion Summary: In response to questions certified to it by the United States Court of Appeals for the Second Circuit, the Court of Appeals held that inferences of vesting of retiree health insurance rights when construing a collective…

Konkur v. Utica Academy of Science Charter School  
Date: February 10, 2022
Citation: 2022 NY Slip Op 00911
Docket Number: 8

Justia Opinion Summary: The Court of Appeals held that N.Y. Labor Law 198-b, which prohibits wage kickbacks, does not contain an implied private right of action. Plaintiff, who worked as a math teacher at Utica Academy of Science Charter…

Matter of Kotsones v Kreopolides
Date: January 11, 2022
Citation: 2022 NY Slip Op 00112
Docket Number: 22 SSM 21
People v Ortiz
Date: January 11, 2022
Citation: 2022 NY Slip Op 00113
Docket Number: 23 SSM 33
Reames v State of New York
Date: January 6, 2022
Citation: 2022 NY Slip Op 00039
Docket Number: 20 SSM 26
People v Sposito
Date: January 6, 2022
Citation: 2022 NY Slip Op 00040
Docket Number: 21 SSM 31
Matter of Ash
Date: January 5, 2022
Citation: 2022 NY Slip Op 00029
Docket Number: 19
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