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New York State Court of Appeals Rent stabilization Sale of prior tenant’s rights – Loft Law Aurora Associates LLC v. Locatelli No. 5 Judge Garcia Background: The plaintiff commenced a holdover proceeding to recover possession and terminate the tenancy of ...
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Fourth Department – Negligent retention: Tucker v. Kalos Health
New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligent retention Propensity for injurious conduct – Knew or should have known Tucker v. Kalos Health CA 20-01354 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action ...
Read More »Fourth Department – Mootness doctrine: Welikson v. Superintendent Groveland Correctional Facility
New York State Supreme Court, Appellate Division, Fourth Judicial Department Mootness doctrine Immigration enforcement detainer – Supervised release Welikson v. Superintendent Groveland Correctional Facility KAH 20-01014 Appealed from Supreme Court, Livingston County Background: The petitioner commenced a habeas corpus proceeding ...
Read More »Second Circuit – Mandatory Victims Restitution Act: United States v. Afriyie
United States Court of Appeals for the Second Circuit Mandatory Victims Restitution Act Expenses related to civil matters – Attorneys’ fees United States v. Afriyie 20-2269-cr Judges Calabresi, Pooler, and Parker Background: The defendant appealed from an order directing restitution ...
Read More »Fourth Department – Indemnification: Technology Insurance Co. v. Main Street America Assurance Co., et al.
New York State Supreme Court, Appellate Division, Fourth Judicial Department Indemnification Policy terms – Underlying cause of action Technology Insurance Co. v. Main Street America Assurance Co., et al. CA 20-01216 Appealed from Supreme Court, Erie County Background: The plaintiff ...
Read More »Fourth Department – Arbitration: Matter of town of Amherst and CSEA Local 1000 AFSCME
New York State Supreme Court, Appellate Division, Fourth Judicial Department Arbitration Party to arbitration – Timeliness of grievance – Issue of arbitrator Matter of town of Amherst and CSEA Local 1000 AFSCME CA 20-01495 Appealed from Supreme Court, Erie County ...
Read More »Fourth Department – Preliminary injunction: TDA LLC v. George Lacy and Lacey Heavy Equipment Repair
New York State Supreme Court, Appellate Division, Fourth Judicial Department Preliminary injunction Non-compete provision – Loss of goodwill – Scope of injunction TDA LLC v. George Lacy and Lacey Heavy Equipment Repair CA 21-00315 Appealed from Supreme Court, Erie County ...
Read More »Fourth Department – Indictment: People v. Taylor
New York State Supreme Court, Appellate Division, Fourth Judicial Department Indictment Amending to conform to proof People v. Taylor KA 17-01864 Appealed from Onondaga County Court Background: The defendant appealed from his conviction of murder and robbery. He argues, inter ...
Read More »Second Circuit – First Step Act: United States v. Clenista
United States Court of Appeals for the Second Circuit First Step Act Compassionate release – Mandatory minimum United States v. Clenista 21-273-cr Judges Cabranes, Lynch, and Chin Background: The defendant appealed from the denial of his motion for a sentence ...
Read More »Second Circuit – Evidentiary issues: United States v. Zhong
United States Court of Appeals for the Second Circuit Evidentiary issues Testimony on uncharged conduct – Expert testimony United States v. Zhong 19-4110 Judges Sack, Wesley, and Menashi Background: The defendant appealed from his conviction of forced-labor conspiracy, forced labor, ...
Read More »Fourth Department – Ineffective assistance of counsel: People v. Styles
New York State Supreme Court, Appellate Division, Fourth Judicial Department Ineffective assistance of counsel Lack of communication – Mental health issues People v. Styles KA 19-01736 Appealed from Livingston County Court Background: The defendant appealed from his conviction of attempted ...
Read More »Fourth Department – Suppression: People v. Smith
New York State Supreme Court, Appellate Division, Fourth Judicial Department Suppression Fruit of illegal search People v. Smith KA 20-00955 Appealed from Wayne County Court Background: The defendant appealed from his conviction of criminal possession of a controlled substance. He ...
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