Court of Appeals — Wrongful Death: Toledo v. Christo 
By Daily Record Staff
POSTED: January 29, 2012
Tags: New York State Court of Appeals, Pre-verdict Interest, wrongful death
New York State Court of Appeals
Wrongful Death
Pre-verdict Interest
Toledo v. Christo
No. 224
Judge Ciparick
Background: The issue on appeal was whether the trial court, in awarding pre-verdict interest, properly discounted future wrongful death damages back to the date of the decedent’s death and awarded interest from the date of death to the date of verdict. [...]
Court of Appeals — Child Residence: Bd. of Educ. of the Garrison Union Free School Dist. v. Greek Archdiocese Inst. of St. Basil, et al.
By Daily Record Staff
POSTED: January 26, 2012
Tags: Child Residence, New York State Court of Appeals, Tuition-Free Education
New York State Court of Appeals
Child Residence
Tuition-Free Education
Bd. of Educ. of the Garrison Union Free School Dist. v. Greek Archdiocese Inst. of St. Basil, et al.
No. 229
Judge Pigott
Background: On appeal the question presented was whether a school district is obligated to pay for the educational costs of the children living in a child care institution [...]
Court of Appeals — Stop and Inquiry: People v. Holland
By Daily Record Staff
POSTED: January 26, 2012
Tags: Doctrine of Attenuation, New York State Court of Appeals, Stop and Inquiry
New York State Court of Appeals
Stop and Inquiry
Doctrine of Attenuation
People v. Holland
No. 236
Memorandum
Background: The defendant appealed from the reversal of a suppression order originally granted by the trial court. The defendant had been walking through an area known for its high crime rate and was stopped by a police officer for questioning. The [...]
Court of Appeals — Fiduciary Relationships: Roni LLC, et al. v. Arfa, et al.
By Daily Record Staff
POSTED: January 24, 2012
Tags: Duty to Disclose, Fiduciary Relationships, New York State Court of Appeals
New York State Court of Appeals
Fiduciary Relationships
Duty to Disclose
Roni LLC, et al. v. Arfa, et al.
No. 228
Memorandum
Background: The action arose from a number of business transactions where Israeli investors acquired membership interests in seven limited liability companies that purchased residential buildings for renovation and sale. The plaintiffs brought the action alleging that the promoter defendants [...]
Court of Appeals — Martin Act: Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc.
By Daily Record Staff
POSTED: January 24, 2012
Tags: Common-law Claims, Martin Act, New York State Court of Appeals, pre-emption
New York State Court of Appeals
Martin Act
Pre-emption — Common-law Claims
Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc.
No. 227
Judge Graffeo
Background: The plaintiff commenced a cause of action alleging that the defendant breached its fiduciary duty, acted with gross negligence and breached a contract over the mismanagement of an investment portfolio whose obligations the plaintiff [...]
Court of Appeals — Elevation-Related Risk: Ortiz v. Varsity Holdings LLC, et al.
By Daily Record Staff
POSTED: January 23, 2012
Tags: Elevation-Related Risk, New York State Court of Appeals, Six-foot Dumpster
New York State Court of Appeals
Elevation-Related Risk
Six-foot Dumpster
Ortiz v. Varsity Holdings LLC, et al.
No. 226
Judge Pigott
Background: The plaintiff was injured while engaged in demolition work at an apartment building being renovated. The plaintiff was placing debris into a large Dumpster. He climbed up it to rearrange the debris to make room for more debris. When [...]
Court of Appeals — Disability Benefits: Walsh v. Scoppetta, et al.
By Daily Record Staff
POSTED: January 19, 2012
Tags: Disability Benefits, New York State Court of Appeals, On the Job Accidental Disability Benefits
New York State Court of Appeals
Disability Benefits
On the Job Accidental Disability Benefits
Walsh v. Scoppetta, et al.
No. 225
Memorandum
Background: The petitioner, a member of the New York City Fire Department, got into a heated argument with a fellow firefighter. Both had been consuming alcohol. His co-worker hit the petitioner from behind, knocking him to the floor. The [...]
Court of Appeals — Plea Negotiations: People v. Dickinson
By Daily Record Staff
POSTED: January 18, 2012
Tags: New York State Court of Appeals, Plea Negotiations, Waiver of Rights
New York State Court of Appeals
Plea Negotiations
Waiver of Rights
People v. Dickinson
No. 235
Memorandum
Background: The defendant appealed from an order from the Appellate Division finding that he had waived his rights under CPL 30.30 by participating in plea negotiations for several months. The defendant had been indicted and had moved to dismiss the indictment on the grounds [...]
Court of Appeals — ‘Voir Dire’: People v. Furey
By Daily Record Staff
POSTED: January 17, 2012
Tags: Juror’s Relationship with Witnesses, New York State Court of Appeals, ‘Voir Dire’
New York State Court of Appeals
‘Voir Dire’
Juror’s Relationship with Witnesses
People v. Furey
No. 234
Judge Graffeo
Background: The defendant was charged with committing burglary, kidnapping and other offenses against his former girlfriend. During voir dire, a juror acknowledged being familiar with some of the individuals who were listed as possible prosecution witnesses since they worked with her husband in [...]
Court of Appeals — Duty: Beazer v. New York City Health and Hospitals Corp., et al.
By Daily Record Staff
POSTED: January 16, 2012
Tags: Duty, New York State Court of Appeals, Ownership of Instrumentality Causing Injury
New York State Court of Appeals
Duty
Ownership of Instrumentality Causing Injury
Beazer v. New York City Health and Hospitals Corp., et al.
No. 232
Memorandum
Background: The plaintiff sliced his left thumb while using an unguarded angle grinder to cut a piece of exposed hollow steel tube out of a concrete floor at a construction site at Bellevue Hospital. The [...]
Court of Appeals — Taxicab Owner Lease Caps: Metropolitan Taxicab Board of Trade, et al. v. The NYC Taxi & Limousine Commission, et al.
By Daily Record Staff
POSTED: January 12, 2012
Tags: New York State Court of Appeals, sales tax, Taxicab Owner Lease Caps
New York State Court of Appeals
Taxicab Owner Lease Caps
Sales Tax
Metropolitan Taxicab Board of Trade, et al. v. The NYC Taxi & Limousine Commission, et al.
No. 222
Judge Smith
Background: The New York City Taxi & Limousine Commission issued regulations that limit the rates that may be charged by owners of taxicabs who lease those cabs to drivers. [...]
Court of Appeals — Remedial Programs and Regulations: New York State Superfund coalition, Inc. v. New York State Dept. of Environmental Conservation, et al.
By Daily Record Staff
POSTED: January 11, 2012
Tags: New York State Court of Appeals, Remedial Programs and Regulations, Significant Threats
New York State Court of Appeals
Remedial Programs and Regulations
Significant Threats
New York State Superfund coalition, Inc. v. New York State Dept. of Environmental Conservation, et al.
No. 189
Judge Jones
Background: The petitioner commended an Article 78 proceeding and declaratory judgment action to challenge regulations promulgated by the respondent Department of Environmental Conservation with respect to remedial programs implemented to [...]
