Free Newsletter
Fourth Department – Suppression of evidence: People v. Johnson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression of evidence Gunpoint stop – 911 call People v. Johnson KA 19-02251 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of criminal possession of a weapon. He argues that the court erred in failing to suppress the firearm that […]
Fourth Department – Grandparent custody: Tuttle v. Worthington
New York State Supreme Court, Appellate Division, Fourth Judicial Department Grandparent custody Extraordinary circumstances – Primary caregiver Tuttle v. Worthington CAF 22-01012 Appealed from Family Court, Allegany County Background: The petitioner mother commenced a proceeding seeking to modify a three-year-old joint custody order. The original order provided the child’s paternal grandparen[...]
Fourth Department – Suppression: People v. Saeli
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Particularity requirement – Juror challenge People v. Saeli KA 19-00015 Appealed from Chautauqua County Court Background: The defendant appealed from his conviction of kidnapping arising from an incident in which he lured a young boy with disabilities from a store when he was separated […]
Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligent performance Increased risk of harm Rosenthal v. Syracuse University, et al. CA 22-00364 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action for damages he sustained from an assault that occurred on a street located near the University campus. The plaintiff […]
Fourth Department – Labor Law: Primisch v. Peroxychem LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Intervening cause – Plaintiff’s own conduct Primisch v. Peroxychem LLC CA 22-01904 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced a Labor Law action for injuries he sustained when he was electrocuted while performing work on a circuit breaker at the […]
Fourth Department – Defamation: Lavine v. Glavin
New York State Supreme Court, Appellate Division, Fourth Judicial Department Defamation Recitation of facts in support of opinion Lavine v. Glavin CA 22-01764 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a defamation action seeking damages for statements made by the defendant in a letter to the New York Inspector General about the […]
Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
New York State Supreme Court, Appellate Division, Fourth Judicial Department Breach of contract Termination provisions – Written terms Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC CA 22-01407 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a breach of contract action arising from a contract for snow removal services. The plaintiff appealed[...]
Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Bill of particulars Article 16 defense – Particularization Harris v. Rome Memorial Hospital, et al. CA 22-01505 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced a medical malpractice action for damages sustained as a result of the defendants’ alleged negligence in timely diagnosing [&hell[...]
Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
New York State Supreme Court, Appellate Division, Fourth Judicial Department Medicaid Uncompensated transfers – Hardship waiver Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health TP 22-00292 Transferred from Supreme Court, Oneida County Background: The petitioners commenced an Article 78 proceeding seeking to annul the determination of the respondent that the decedent [[...]
Fourth Department – Criminal possession of a firearm: People v. Wilson
New York State Supreme Court, Appellate Division, Fourth Judicial Department Criminal possession of a firearm Operable firearm People v. Wilson KA 18-01885 Appealed from Supreme Court, Monroe County Background: The defendant appealed from his conviction of two counts of criminal possession of a weapon and endangering the welfare of a child. He argues that the […]
Fourth Department – Promoting prostitution: People v. Watts
New York State Supreme Court, Appellate Division, Fourth Judicial Department Promoting prostitution Molineux evidence People v. Watts KA 18-00042 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of promoting prostitution, three counts of rape, two counts of criminal sexual act and two counts of endangering the welfare of a child. The […]
Fourth Department – Show-up identification: People v. Waggoner
New York State Supreme Court, Appellate Division, Fourth Judicial Department Show-up identification Statements made to police People v. Waggoner KA 19-01868 Appealed from Chautauqua County Court Background: The defendant appealed from his conviction for murder in the second degree. The conviction stems from an incident in which the defendant shot and killed the victim following […]
Case Digests
- 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
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
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
Polls
Loading ...