Court of Appeals — Contractor/subcontractor Relationship: Ovadia, et al. v. Office of the Industrial Board of Appeals, et al. 
By Daily Record Staff
POSTED: May 21, 2012
Tags: Contractor/subcontractor Relationship, New York State Court of Appeals
New York State Court of Appeals Contractor/subcontractor Relationship Joint Employers Ovadia, et al. v. Office of the Industrial Board of Appeals, et al. No. 72 Judge Graffeo Background: A general contractor was hired for the construction of two multi-family homes. The general contractor hired a subcontractor to do the masonry. The subcontractor’s foreman underpaid the masonry [...]
Court of Appeals — Workers’ Compensation: Zamora v. New York Neurologic Associates, et al.
By Daily Record Staff
POSTED: May 21, 2012
Tags: New York State Court of Appeals, Workers compensation
New York State Court of Appeals Workers’ Compensation Withdrawal of Employment — Loss of Wages Zamora v. New York Neurologic Associates, et al. No. 55 Judge Pigott Background: The claimant was working for the defendant when a computer monitor fell off a shelf and struck her upper back, causing significant injuries. A few months after the accident, she [...]
Court of Appeals — Determinate Sentence: People v. Williams
By Daily Record Staff
POSTED: May 17, 2012
Tags: Determinate Sentence, New York State Court of Appeals
New York State Court of Appeals Determinate Sentence Post-Release Supervision — Order of Protection People v. Williams No. 79 Judge Ciparick Background: The defendant was charged and pled guilty to first-degree assault. He was sentenced to 13 years of imprisonment. As part of the sentence, the court ordered that there would be a full order [...]
Court of Appeals — Proximate Cause: Williams, et al. v. State of New York
By Daily Record Staff
POSTED: May 16, 2012
Tags: New York State Court of Appeals, proximate cause
New York State Court of Appeals Proximate Cause Negligent Supervision of Mental Patient Williams, et al. v. State of New York No. 77 Memorandum Background: The claimants brought a negligence action against the state after her leg was broken by an escaped patient of the Manhattan Psychiatric Center. The patient threw a glass bottle at [...]
Court of Appeals — Wiretap Evidence: People v. Rodriguez
By Daily Record Staff
POSTED: May 15, 2012
Tags: New York State Court of Appeals, Wiretap Evidence
New York State Court of Appeals Wiretap Evidence Notice — Prejudice People v. Rodriguez No. 73 Judge Pigott Background: The New York Drug Enforcement Task Force obtained an eavesdropping warrant in order to intercept cellphone calls made by the defendant. The defendant was ultimately convicted on a number of drug related counts based on conversations [...]
Court of Appeals — Fair Claims Act: State of New York ex rel. Kevin Grupp and Robert Moll v. DHL Express (USA) Inc., et al.
By Daily Record Staff
POSTED: May 15, 2012
Tags: Fair Claims Act, New York State Court of Appeals
New York State Court of Appeals Fair Claims Act Air Transportation Rates — Pre-emption State of New York ex rel. Kevin Grupp and Robert Moll v. DHL Express (USA) Inc., et al. No. 71 Judge Jones Background: The defendant had agreed to provide various courier services via air and ground transportation pursuant to a contract with the [...]
Court of Appeals — Public Service Law : Luster Creek LLC v. New York State Public Service Commission
By Daily Record Staff
POSTED: May 14, 2012
Tags: New York State Court of Appeals, Public Service Law
New York State Court of Appeals Public Service Law Express Conditions on the Transfer of Property Luster Creek LLC v. New York State Public Service Commission No. 68 Memorandum Background: The petitioner and the respondent Consolidated Edison entered into a purchase agreement for land which the respondent no longer needed. Because the petitioner sought to [...]
Court of Appeals — Mental Hygiene Law: Albany Law School, et al. v. NYS Office of Mental Retardation and Developmental Disabilities, et al.
By Daily Record Staff
POSTED: May 10, 2012
Tags: Mental Hygiene Law, New York State Court of Appeals
New York State Court of Appeals Mental Hygiene Law Clinical Records — Authorization Albany Law School, et al. v. NYS Office of Mental Retardation and Developmental Disabilities, et al. No. 65 Judge Graffeo Background: The petitioners provide protection and advocacy services to individuals with developmental disabilities. Upon receiving a complaint regarding the discharge practices of [...]
Court of Appeals — Criminal Possession of a Weapon: People v. Perry
By Daily Record Staff
POSTED: May 10, 2012
Tags: Criminal Possession of a Weapon, New York State Court of Appeals
New York State Court of Appeals Criminal Possession of a Weapon Intent to Use People v. Perry No. 62 Judge Smith Background: The defendant was convicted of possession a weapon with the intent to use it unlawfully, after he admitted that he had displayed it to a man in order to frighten him. The defendant [...]
Court of Appeals — Claim of Right: People v. Pagan
By Daily Record Staff
POSTED: May 9, 2012
Tags: Claim of Right, New York State Court of Appeals
New York State Court of Appeals Claim of Right Mistake of Fact — Robbery People v. Pagan No. 61 Judge Pigott Background: The defendant had an altercation with a cabdriver over the cab fare owed to the cabdriver. The defendant was ill at the time of the altercation and alleged she was confused as [...]
Court of Appeals — Prosecutorial Misconduct: People v. Fisher
By Daily Record Staff
POSTED: May 7, 2012
Tags: New York State Court of Appeals, prosecutorial misconduct
New York State Court of Appeals Prosecutorial Misconduct Objections — Ineffective Assistance of Counsel People v. Fisher No. 56 Memorandum Background: The defendant was convicted of various sex offenses and sentenced to 20 years’ imprisonment based upon the testimony of the victims. The evidence was, in the light most favorable to the people, far from [...]
Court of Appeals — Surety: Mount Vernon City School District v. Nova Casualty Company, et al.
By Daily Record Staff
POSTED: May 3, 2012
Tags: New York State Court of Appeals, Surety
New York State Court of Appeals Surety Lien Law — Construction Contracts Mount Vernon City School District v. Nova Casualty Company, et al. No. 52 Judge Ciparick Background: On appeal, the defendant sought to be discharged from its surety obligation to the plaintiff on the basis that the plaintiff violated New York’s Lien Law by [...]
