New York Court of Appeals Decisions 2024
Date: April 25, 2024
Citation: 2024 NY Slip Op 02222
Docket Number: 24
Justia Opinion Summary: The case involves Harvey Weinstein, a well-known figure in the entertainment industry, who was convicted by a jury for various sexual crimes against three complainants. Weinstein appealed, arguing that he was judged…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02223
Docket Number: 30
Justia Opinion Summary: A real estate developer, Audthan LLC, and property owner, Nick & Duke, LLC (N & D), entered into a 40-year lease agreement in 2013 to replace a Single Room Occupancy (SRO) hotel with a mixed-use residential and…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02224
Docket Number: 32
Justia Opinion Summary: The case involves a group of convicted sex offenders who were confined in the Fishkill Residential Treatment Facility (RTF) while on post-release supervision (PRS). The Department of Corrections and Community Supervision…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02225
Docket Number: 33
Justia Opinion Summary: The defendant, Melvin Baez, was convicted of possessing a quantity of cocaine after a nonjury trial. The conviction was based on evidence obtained during a traffic stop when NYPD officers observed Baez using his cell…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02226
Docket Number: 37
Justia Opinion Summary: The plaintiff, an adjunct professor at New York University (NYU), experienced offensive and demeaning conduct from her colleagues, including unsolicited offensive mail and online impersonation. She reported these…
Date: April 25, 2024
Citation: 2024 NY Slip Op 02227
Docket Number: 39
Justia Opinion Summary: The case revolves around a defendant, Cid Franklin, who was arrested following a road rage incident that involved a firearm. The police searched the basement of Franklin's home, which he shared with his son and…
Date: April 23, 2024
Citation: 2024 NY Slip Op 02125
Docket Number: 23
Justia Opinion Summary: The case revolves around the issue of when a non-eyewitness can testify to a jury that the defendant is the person depicted in a photo or video. The incident in question occurred on June 10, 2015, when a man was captured…
Date: April 23, 2024
Citation: 2024 NY Slip Op 02126
Docket Number: 31
Justia Opinion Summary: The case involves a dispute over the adjusted Medicaid reimbursement rates for for-profit residential health care facilities in New York. The New York State Department of Health and its Commissioner, in response to a…
Date: April 23, 2024
Citation: 2024 NY Slip Op 02127
Docket Number: 34
Justia Opinion Summary: The case involves the Walt Disney Company and International Business Machines Corporation (IBM), both multinational corporations, and their dispute with the Tax Appeals Tribunal of the State of New York. The corporations…
Date: April 23, 2024
Citation: 2024 NY Slip Op 02128
Docket Number: 38
Justia Opinion Summary: In December 2016, an undercover police officer purchased heroin through an intermediary during a buy-and-bust operation in Manhattan. The officer did not meet the seller face-to-face but followed several feet behind the…
Date: April 23, 2024
Citation: 2024 NY Slip Op 02129
Docket Number: 41
Justia Opinion Summary: The case revolves around Kenneth Fisher, who was convicted of three counts of third-degree criminal possession of a controlled substance, based on two controlled buy operations. He was sentenced to nine years in prison.…
Date: April 23, 2024
Citation: 2024 NY Slip Op 02130
Docket Number: 42
Justia Opinion Summary: The case revolves around Corey Dunton, who was convicted of attempted murder, assault, criminal possession of a weapon, and reckless endangerment after he opened fire at a skating rink, injuring two individuals. Dunton…
Date: April 18, 2024
Citation: 2024 NY Slip Op 02081
Docket Number: 29
Justia Opinion Summary: The case involves 21 U.S. citizens and the family of a deceased U.S. citizen who were victims of rocket attacks by the Hizbollah terrorist organization in Israel in 2006. The plaintiffs allege that the Lebanese Canadian…
Date: April 18, 2024
Citation: 2024 NY Slip Op 02082
Docket Number: 36
Date: April 18, 2024
Citation: 2024 NY Slip Op 02085
Docket Number: 70 SSM 2
Date: March 21, 2024
Citation: 2024 NY Slip Op 01581
Docket Number: 15
Justia Opinion Summary: The case involved two separate lawsuits against the City of New York, where the plaintiffs, Luis Jaime and Adan Orozco, were seeking permission to serve late notices of claim for alleged intentional torts committed by…
Date: March 21, 2024
Citation: 2024 NY Slip Op 01582
Docket Number: 28
Justia Opinion Summary: Patrick Labate was charged with a class A misdemeanor, for which he was legally entitled to a trial within 90 days of his indictment. The court's record, however, showed that Labate had not been tried 420 days after his…
Date: March 21, 2024
Citation: 2024 NY Slip Op 01583
Docket Number: 5
Justia Opinion Summary: The case pertains to a dispute between the Department of Finance of the City of New York and Brookdale Physicians' Dialysis Associates, Inc. over the revocation of a real property tax exemption. The property in question…
Date: March 19, 2024
Citation: 2024 NY Slip Op 01498
Docket Number: 1
Justia Opinion Summary: In this case, the appellant, Tax Equity Now NY LLC (TENNY), challenged the property-tax system of New York City, arguing that it imposes substantially unequal tax bills on similarly valued properties that bear little…
Date: March 19, 2024
Citation: 2024 NY Slip Op 01496
Docket Number: 17
Justia Opinion Summary: This case revolves around the trial court's discretion to grant leave for amending a complaint under CPLR 3025 (b). The plaintiffs, a group of investors, filed an action against the defendants, the managers of their…
Date: March 19, 2024
Citation: 2024 NY Slip Op 01497
Docket Number: 18
Justia Opinion Summary: In 2005, Marta Urias and her incapacitated husband, Manuel Urias, were represented by Daniel P. Buttafuoco and his law firm in a medical malpractice suit. The suit, against four defendants, resulted in a $3.7 million…
Date: March 19, 2024
Citation: 2024 NY Slip Op 01499
Docket Number: 21
Justia Opinion Summary: This case involved an appeal from the Appellate Division by the prosecution, contesting the vacation of a defendant's conviction of first-degree murder on the grounds that two elements of the crime were not proven by…
Date: March 19, 2024
Citation: 2024 NY Slip Op 01500
Docket Number: 22
Justia Opinion Summary: The defendant, Jason Bohn, was convicted of first-degree murder for the death of a woman with whom he had an abusive relationship. He appealed, contending that there was insufficient evidence to establish that he…
Date: March 14, 2024
Citation: 2024 NY Slip Op 01330
Docket Number: 20
Justia Opinion Summary: The case involves a plaintiff, Nafeesa Syeed, an Asian-American woman who sued Bloomberg L.P., alleging employment discrimination. She claimed she was subjected to discrimination due to her sex and race while working for…
Date: March 14, 2024
Citation: 2024 NY Slip Op 01331
Docket Number: 25
Date: March 14, 2024
Citation: 2024 NY Slip Op 01332
Docket Number: 26
Justia Opinion Summary: In this case, the petitioners, who are members of Local 461, a union representing lifeguards employed by the New York City Department of Parks and Recreation, sought to enforce certain provisions in the union's local and…
Date: March 14, 2024
Citation: 2024 NY Slip Op 01333
Docket Number: 27
Date: February 22, 2024
Citation: 2024 NY Slip Op 00926
Docket Number: 10
Justia Opinion Summary: In the case of a sex offender diagnosed with severe schizophrenia and psychosis, the New York Court of Appeals held that due process does not require a competency examination before a sex offender's risk level can be…
Date: February 22, 2024
Citation: 2024 NY Slip Op 00927
Docket Number: 14
Justia Opinion Summary: The case involves a defendant who was charged with burglary in the second degree as a sexually motivated felony, which required the prosecution to prove both that the defendant committed the burglary and that his…
Date: February 22, 2024
Citation: 2024 NY Slip Op 00928
Docket Number: 8
Justia Opinion Summary: In two cases, People v Boone and People v Cotto, the Court of Appeals of New York State ruled on a central question related to the Sex Offender Registration Act (SORA). The question was whether the 30-day deadline for…
Date: February 20, 2024
Citation: 2024 NY Slip Op 00847
Docket Number: 11
Justia Opinion Summary: The plaintiff, Srecko Bazdaric, was injured while painting an escalator during a renovation project. The escalator was covered with a plastic sheet, which Bazdaric slipped on, sustaining injuries that left him unable to…
Date: February 20, 2024
Citation: 2024 NY Slip Op 00848
Docket Number: 13
Justia Opinion Summary: In the case of People v. Ramirez, Fernando Ramirez, the defendant, was convicted of causing a three-car collision while intoxicated, resulting in one death and four serious injuries. During the trial, which took place…
Date: February 20, 2024
Citation: 2024 NY Slip Op 00849
Docket Number: 3
Justia Opinion Summary: In a dispute involving a fatal stabbing outside a Manhattan bar in 2000, defendant Gonzalo Aguilar appealed his conviction of murder in the second degree, attempted murder in the second degree, and assault in the first…
Date: February 20, 2024
Citation: 2024 NY Slip Op 00850
Docket Number: 4
Justia Opinion Summary: In the case before the Court of Appeals of the State of New York, the defendant was initially charged with a felony, released on bail, and then arrested three more times for additional violent felonies. The People sought…
Date: February 20, 2024
Citation: 2024 NY Slip Op 00851
Docket Number: 6
Justia Opinion Summary: In 2016, Venezuela's state-owned oil company, Petróleos de Venezuela S.A. (PDVSA), offered a bond swap whereby its noteholders could exchange unsecured notes due in 2017 for new, secured notes due in 2020. PDVSA…
Date: February 15, 2024
Citation: 2024 NY Slip Op 00793
Docket Number: 2
Justia Opinion Summary: The case involves Clifton Park Apartments, LLC and its attorney (collectively referred to as "Pine Ridge"), CityVision Services, Inc. ("CityVision"), and the New York State Division of Human Rights ("DHR"). CityVision is…
Date: February 15, 2024
Citation: 2024 NY Slip Op 00794
Docket Number: 59 SSM 12
Date: February 15, 2024
Citation: 2024 NY Slip Op 00795
Docket Number: 7
Justia Opinion Summary: The case involves Consolidated Restaurant Operations (CRO), a company that owns and operates dozens of restaurants, and Westport Insurance Corporation (Westport). CRO had an "all-risk" commercial property insurance…
Date: January 16, 2024
Citation: 2024 NY Slip Op 00159
Docket Number: 8
Justia Opinion Summary: This case revolves around the tragic drowning of a 14-year-old boy at a dam on Buffalo Creek in Erie County. The victim's mother brought a negligence and wrongful death lawsuit against the Joint Board of Directors of…
Date: January 11, 2024
Citation: 2024 NY Slip Op 00097
Docket Number: 96
Justia Opinion Summary: In New York, a man named Joshua Messano was indicted for second-degree criminal possession of a weapon after police officers discovered a loaded handgun in his car. Messano moved to suppress this evidence, arguing that…
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