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Court of Appeals — Appellate Review: Hecker v. State of New York

New York State Court of Appeals

Appellate Review

Interest of Justice Jurisdiction

Hecker v. State of New York
No. 38
Memorandum

Background: The Appellate Division was required to decide the issue of whether the area in which the plaintiff suffered his injury was a “floor, passageway [or] walkway” within the meaning of 12 NYCRR 23-1.7 (d) was preserved at the supreme court.

Ruling: The Court of Appeals affirmed. The court found that it had no power to review either the Appellate Division’s exercise of its discretion or on the issue itself as the ruling was deemed an exercise of its interests of justice jurisdiction.

Jeffrey A. Vaisey for the appellant; Richard C. Brister for the respondent