Court of Appeals — FOIL: Lesher v. Hynes, et al.
By Daily Record Staff
POSTED: May 2, 2012
Tags: FOIL, New York State Court of Appeals
New York State Court of Appeals FOIL Law Enforcement Exception Lesher v. Hynes, et al. No. 49 Judge Read Background: The plaintiff, an attorney and author, became interested in writing about a 1985 case concerning a sex offender who fled the country. In 1998, the plaintiff filed a FOIL request and was furnished information that [...]
Court of Appeals — Mutual Mistake: Simkin v. Blank
By Daily Record Staff
POSTED: May 1, 2012
Tags: Mutual Mistake, New York State Court of Appeals
New York State Court of Appeals Mutual Mistake Marital Settlement Agreements Simkin v. Blank No. 48 Judge Graffeo Background: The Court of Appeals was required to determine whether the plaintiff had presented facts sufficient to support the reformation or setting aside of the parties’ marital settlement agreement based on a claim of mutual mistake pertaining [...]
Court of Appeals — Inverse Condemnation: Corsello, et al. v. Verizon New York Inc., et al.
By Daily Record Staff
POSTED: April 30, 2012
Tags: Inverse Condemnation, New York State Court of Appeals
New York State Court of Appeals Inverse Condemnation Statute of Limitations — Class Certification Corsello, et al. v. Verizon New York Inc., et al. No. 51 Judge Smith Background: The defendant attached a box to a building owned by the plaintiffs, and used that box to transmit telephone communications to and from Verizon’s customers [...]
Court of Appeals — False Confessions: People v. Bedessie
By Daily Record Staff
POSTED: April 26, 2012
Tags: false confessions, New York State Court of Appeals
New York State Court of Appeals False Confessions Expert Testimony People v. Bedessie No. 46 Judge Read Background: The Court of Appeals was to consider the admissibility of expert testimony proffered on the issue of the reliability of a confession. The expert did not offer testimony relevant to the defendant or her interrogation. The trial [...]
Court of Appeals — Perjury: People v. Perino
By Daily Record Staff
POSTED: April 25, 2012
Tags: New York State Court of Appeals, Perjury
New York State Court of Appeals Perjury Materiality People v. Perino No. 44 Judge Pigott Background: The defendant, a former member of the New York City Police Department, was charged with 12 counts of perjury after he falsely answered questions posed to him on cross-examination during a criminal trial. The underlying issue was whether the [...]
Court of Appeals — Social Services Law: NYS Psychiatric Assoc. Inc, et al. v. NYS Dept. of Health
By Daily Record Staff
POSTED: April 24, 2012
Tags: New York State Court of Appeals, Social Services Law
New York State Court of Appeals Social Services Law Coinsurance Amendment — Statutory Interpretation NYS Psychiatric Assoc. Inc, et al. v. NYS Dept. of Health No. 39 Judge Ciparick Background: On appeal, the court was asked to determine whether the 2006 amendment to the Social Services Law § 367-a (1) (d) (iii), found in a [...]
Court of Appeals — Election Law: Kosowski, et al v. Donovan, et al.
By Daily Record Staff
POSTED: April 23, 2012
Tags: election law, New York State Court of Appeals
New York State Court of Appeals Election Law Committee Challenges Kosowski, et al v. Donovan, et al. No. 75 Per Curiam Background: The petitioners, elected members of a county committee of the conservative party, attending a meeting in which officers were elected. By order to show cause, the petitioners alleged that the committee did not [...]
Court of Appeals — Marijuana Possession: People v. Jackson 
By Daily Record Staff
POSTED: April 22, 2012
Tags: Marijuana Possession, New York State Court of Appeals
New York State Court of Appeals Marijuana Possession Public Place — Public View People v. Jackson No. 58 Judge Graffeo Background: After he was found with marijuana during a traffic stop, the defendant pled guilty to criminal possession. On appeal, the defendant argued that the accusatory instrument was jurisdictionally deficient because it failed to adequately [...]
Court of Appeals — Donnelly Act: Global Resinsurance Corporation – U.S. Branch v. Equitas Ltd., et al.
By Daily Record Staff
POSTED: April 19, 2012
Tags: Donnelly Act, New York State Court of Appeals
New York State Court of Appeals Donnelly Act Anticompetitive Effect Global Resinsurance Corporation – U.S. Branch v. Equitas Ltd., et al. No. 53 Judge Lippman Background: The plaintiff, a New York branch of a German reinsurance corporation, alleged that the defendants took a “hard-nosed” approach to the handling of its claims including, but not limited [...]
Court of Appeals — Deceptive Business Practices: Ovitz v. Bloomberg LP, et al.
By Daily Record Staff
POSTED: April 17, 2012
Tags: deceptive business practices, New York State Court of Appeals
New York State Court of Appeals Deceptive Business Practices Damages Ovitz v. Bloomberg LP, et al. No. 38 Judge Jones Background: The plaintiff entered into a two-year subscription agreement with the defendant to lease a desktop terminal, software and other equipment to access real-time financial information services offered by the company. The contract provided that [...]
Court of Appeals — Oral Contracts: Ryan v. Kellogg Partners Institutional Services
By Daily Record Staff
POSTED: April 16, 2012
Tags: New York State Court of Appeals, Oral Contracts
New York State Court of Appeals Oral Contracts Bonuses and Non-income Compensation Ryan v. Kellogg Partners Institutional Services No. 37 Judge Read Background: The plaintiff filed suit alleging that the defendant had failed to pay his wages. The plaintiff was approached about leaving employment with a brokerage firm to join the defendant. In exchange of [...]
Court of Appeals — Grand Jury Indictment: People v. Extale
By Daily Record Staff
POSTED: April 15, 2012
Tags: grand jury indictment, New York State Court of Appeals
New York State Court of Appeals Grand Jury Indictment Withdrawal — Authority People v. Extale No. 35 Judge Smith Background: The defendant was indicted, by a grand jury, for a number of crimes after he drove his pickup truck into a police officer. During jury selection, the prosecutor announced to the judge that he was [...]
