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Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Association Standing – Injunctive relief vs monetary relief Victory Village Tenants Assoc. v. Evergreen Communities, et al. CA 22-00432 Appealed from Supreme Court, Steuben County Background: The plaintiff is a non-profit corporation composed of residents of a nonparty community. The plaintiff was formed to promote [&he[...]
Fourth Department – Labor Law: Verdugo v. Fox Building Group
New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Safety devices – Plaintiff’s misuse Verdugo v. Fox Building Group CA 22-00014 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action under the Labor Law after he was injured from a fall while he was installing roof trusses on a […]
Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
New York State Supreme Court, Appellate Division, Fourth Judicial Department Out-of-possession landlord Contractual obligation – Exceptions Truax v. M.D. Meyer’s Properties CA 22-00986 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action seeking damages after he was injured by an icicle that fell from the roof of a building, striking his head. […]
Fourth Department – Discovery: Sylvester v. Sanders
New York State Supreme Court, Appellate Division, Fourth Judicial Department Discovery Order of Protection – Written notice statute Sylvester v. Sanders CA 23-00097 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action against the defendant city of Niagara Falls following a motor vehicle accident. On appeal, the plaintiff argues that the court […]
Fourth Department – Out-of-possession landlord: Smith v. Marshall Farms Group, et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Out-of-possession landlord Parent company – Contractual obligations Smith v. Marshall Farms Group, et al. CA 22-01705 Appealed from Supreme Court, Wayne County Background: The plaintiff commenced an action after her right hand was amputated while she was cleaning a machine. She appeals from an order […]
Fourth Department – Court of Claims: Santiago v. State of New York
New York State Supreme Court, Appellate Division, Fourth Judicial Department Court of Claims Late notice of claim – Meritorious action Santiago v. State of New York CA 22-00859 Appealed from Court of Claims Background: The claimant appealed from the dismissal of his claim and denying his request seeking leave to file a late claim. The […]
Fourth Department – Peremptory challenge: People v. Santiago
New York State Supreme Court, Appellate Division, Fourth Judicial Department Peremptory challenge Juror’s impartiality – Driving while intoxicated People v. Santiago KA 21-01759 Appealed from Ontario County Court Background: The defendant appealed from his conviction of driving while ability impaired and aggravated unlicensed operations of a motor vehicle. The conviction arose during a traffic[...]
Fourth Department – Negligence: Scime v. Hale Northeastern
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Issue of fact – Summary judgment Scime v. Hale Northeastern CA 22-01276 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after being struck by a vehicle owned by the defendant. The vehicle was backing out of a loading dock and […]
Fourth Department – Alford plea: People v. Sanford
New York State Supreme Court, Appellate Division, Fourth Judicial Department Alford plea Insufficient evidence People v. Sanford KA 22-00354 Appealed from Steuben County Court Background: The defendant appealed from his conviction of criminal contempt. He argues that the court erred in accepting his Alford plea because the record lacked the requisite strong evidence of his […]
Fourth Department – Labor Law: Ross v. Northeast Diversification, Inc.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Hazardous opening – Demolition and restoration work Ross v. Northeast Diversification, Inc. CA 22-00884 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a Labor Law and negligence action seeking damages for injuries he sustained while working as a concrete finisher on […]
Fourth Department – Slip and fall: Reitzel v. Derycke
New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Recurring dangerous condition – Notice Reitzel v. Derycke CA 22-01224 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a premises liability action seeking damages for injuries he sustained while returning to his delivery truck after delivering a package at the […]
Fourth Department – Sufficiency of indictment: People v. Reid
New York State Supreme Court, Appellate Division, Fourth Judicial Department Sufficiency of indictment Discrepancy in alleged date of crime People v. Reid KA 20-00080 Appealed from Monroe County Court Background: The defendant was determined to be a level one sex offender. He appeals from a conviction of his failure to register and/or verify his status […]
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
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