Freedom of Information: Matter of Capital Newspapers Division of the Hearst Corp. v. City of Albany 

By Daily Record Staff
POSTED: July 7, 2010
Tags: Freedom of Information Act, New York State Court of Appeals

New York State Court of Appeals
Freedom of Information
Matter of Capital Newspapers Division of the Hearst Corp. v. City of Albany
No. 126
Appealed from the Third Department
Background: At issue on appeal is whether gun tags are personnel records under Civil Rights Law §50-a.
Ruling: The order of the Appellate Division should be modified, without costs, in accordance with [...]

Age Discrimination: Hoffman v. Parade Publications 

By Daily Record Staff
POSTED: July 6, 2010
Tags: New York State Court of Appeals

New York State Court of Appeals
Age Discrimination
Location of Discrimination’s Impact
Hoffman v. Parade Publications
No. 132
Appealed from the First Department
Background: The question raised on appeal is whether non-residents of the city and state must plead and prove the alleged discriminatory conduct had an impact within those respective boundaries. Defendant Parade Publications is the publisher of a nationally [...]

Jurors: People v. Williams 

By Daily Record Staff
POSTED: July 2, 2010
Tags: bias inquiry, defendant's right to be present, jurors, New York State Court of Appeals

New York State Court of Appeals
Jurors
Bias Inquiry — Defendant’s Right to be Present
People v. Williams
No. 136
Appealed from the First Department
Background: In a buy-and-bust case, defendant Rahjeem Williams was arrested and charged with various drug-related offenses. A jury subsequently convicted him of third-degree criminal possession of a controlled substance. The defendant, sentenced to a term of [...]

Evidence: People v. Perkins 

By Daily Record Staff
POSTED: July 1, 2010
Tags: evidence, identification, New York State Court of Appeals, police lineups

New York State Court of Appeals
Evidence
Identification-Police Lineups
People v. Perkins
No. 111
Appealed from the Second Department
Background: On Oct. 31, 2002, four men carried out an armed robbery at a clothing store in Brooklyn, during which one of the robbers shot a store employee in the head and chest. The victim survived. Acting on information that defendant Nayshawn [...]

Sentencing: People v. Murray 

By Daily Record Staff
POSTED: June 28, 2010
Tags: New York State Court of Appeals, sentencing, youthful offender status

New York State Court of Appeals
Sentencing
Youthful Offender Status
People v. Murray
No. 110
Appealed from the Second Department
Background: The defendant entered a plea to criminal possession of a weapon in the third degree with the understanding that he probably would be treated as a youthful offender and sentenced to a term of nine months if he produced proof [...]

Eminent Domain: Matter of Kaur v. New York State Urban Development Corp. 

By Daily Record Staff
POSTED: June 25, 2010
Tags: Case Digests, eminent domain, New York State Court of Appeals

New York State Court of Appeals

Eminent Domain
Public Purpose — Eradicating Blight
Matter of Kaur v. New York State Urban Development Corp.
No. 125
Appealed from the First Department
Background: The court is asked to determine whether the respondent’s exercise of its power of eminent domain to acquire the petitioners’ property for the development of a new Columbia University campus [...]

Breach of Contract: Eidlisz v. New York University 

By Daily Record Staff
POSTED: June 25, 2010
Tags: breach of contract, Case Digests, New York State Court of Appeals

New York State Court of Appeals
Breach of Contract
Universities — Failure to Award Degree
Eidlisz v. New York University
No. 128
Appealed from the First Department
Background: In a breach of contract action, the plaintiff seeks an order compelling the defendants to award him a degree. The defendants maintain the action should have been brought as an Article 78 proceeding [...]

Evidence: People v. Reome 

By Daily Record Staff
POSTED: June 22, 2010
Tags: accomplice testimony, corroboration, evidence, New York State Court of Appeals

New York State Court of Appeals
Evidence
Accomplice Testimony — Corroboration
People v. Reome
No. 112
Appealed from the Fourth Department
Background: The defendant was convicted of participating in a rape with three other men. One of his alleged accomplices, Andrew Hilborn, was the only witness to identify him. At issue is whether Hilborn’s testimony was corroborated as CPL 60.22(1) requires. [...]

Legal Malpractice: Estate of Schneider v. Finmann 

By Daily Record Staff
POSTED: June 22, 2010
Tags: estate tax planning, legal malpractice, New York State Court of Appeals

New York State Court of Appeals
Legal Malpractice
Estate Tax Planning
Estate of Schneider v. Finmann
No. 104
Appealed from the Second Department
Background: At issue in the appeal is whether an attorney may be held liable for damages resulting from negligent representation in estate tax planning that causes enhanced estate tax liability. The complaint alleges the defendants represented decedent Saul [...]