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Fourth Department – Slip and fall: Black v. 465 Payne Avenue
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Workers’ Compensation – Employer as lessee Black v. 465 Payne Avenue CA 22-01492 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced an action when one fell after walking inside from a snow-covered sidewalk. She slipped and fell on uncovered laminate […]
Fourth Department – Molineux evidence: People v. Anderson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Molineux evidence Probative value – Defendant’s theory People v. Anderson KA 22-00187 Appealed from Yates County Court Background: The defendant appealed from her conviction of murder stemming from the asphyxiation death of her 16-month-old son. Ruling: The Appellate Division affirmed. The court held that it […[...]
Fourth Department – Promissory note: Aldrich v. LNG Enterprises
New York State Supreme Court, Appellate Division, Fourth Judicial Department Promissory note Time-barred – Part-performance – Modification Aldrich v. LNG Enterprises CA 22-01469 Appealed from Supreme Court, Chautauqua County Background: The plaintiff sought to collect on a promissory note that memorialized a loan he made to the defendant, a closely held family corporation. The plaintiff [&hell[...]
Fourth Department – Warrantless search: People v. Snell
New York State Supreme Court, Appellate Division, Fourth Judicial Department Warrantless search Authorized parole officers People v. Snell KA 21-00158 Appealed from Erie County Court Background: The defendant appealed from his conviction of criminal possession of a weapon. He argues that the weapon discovered in his bedroom ought to have been suppressed as it was […]
Fourth Department – Child Victims Act: A.S. v. Erie County, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Child Victims Act Substitution of party – Due diligence A.S. v. Erie County, et al. CA 22-01794 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a personal injury action pursuant to the Child Victims Act. She alleged that she was sexually abused by […]
Fourth Department – Default judgment: Reardon v. Krause
New York State Supreme Court, Appellate Division, Fourth Judicial Department Default judgment Nonappearance of party – Videoconference Reardon v. Krause CAF 22-00161 Appealed from Family Court, Erie County Background: The respondent mother appealed from an order entered upon her default that awarded the petitioner father sole custody of the subject child, with supervised visitation to […]
Fourth Department – Employment discrimination: Hayes v. Hillside Family of Agencies
New York State Supreme Court, Appellate Division, Fourth Judicial Department Employment discrimination Drug tests – Legitimate and nondiscriminatory reason for termination Hayes v. Hillside Family of Agencies CA 22-01953 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action alleging that the defendant’s termination of her employment constituted discriminati[...]
Fourth Department – Family offense: Geremski Jr. v. Berardi
New York State Supreme Court, Appellate Division, Fourth Judicial Department Family offense Harassment – Social media posts Geremski Jr. v. Berardi CAF 22-01336 Appealed from Family Court, Onondaga County Background: The respondent appealed from an order of protection issued upon a finding that she committed acts constituting the family offense of harassment. Ruling: The Appellate […]
Fourth Department – Sex Offender Registration Act: People v. Currington
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act History of drug abuse – Hearsay People v. Currington KA 22-00807 Appealed from Wayne County Court Background: The defendant appealed from a determination that he is a level two risk pursuant to the Sex Offender Registration Act. He argues the court […]
Fourth Department – Manslaughter: People v. Colon
New York State Supreme Court, Appellate Division, Fourth Judicial Department Manslaughter Intentional conduct – Shooting from a moving vehicle People v. Colon KA 19-01367 Appealed from Erie County Court Background: The defendant appealed from his conviction of manslaughter. The conviction arose from an incident where he shot seven rounds into a vehicle at close range. […]
Fourth Department – Right to Confrontation: People v. Coley
New York State Supreme Court, Appellate Division, Fourth Judicial Department Right to Confrontation Non-hearsay purposes People v. Coley KA 15-00164 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of murder, attempted murder, assault, and criminal possession of a weapon. The conviction arose from an incident where the defendant contacted the [&hell[...]
Fourth Department – Brady violation: People v. Caruso
New York State Supreme Court, Appellate Division, Fourth Judicial Department Brady violation Information in defendant’s possession People v. Caruso KA 22-01603 Appealed from Ontario County Court Background: The defendant appealed from his conviction of strangulation arising from an incident of escalating aggression directed at the victim after the defendant arrived at the victim’s home, at [&h[...]
Case Digests
- Second Circuit – Equal Pay Act: Eisenhauer v. Culinary Institute of America
- Court of Appeals – Rape Shield Law: People v. Cerda
- Fourth Department – Mootness doctrine: Medical Professionals for Informed Consent, Inc. v. Bassett
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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