NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Asset purchase Medicaid reimbursement – Effective date – Contract construction Founders Pavilion v. Pavilion Operations CA 20-00498 Appealed from Supreme Court, Steuben County  Background: The appeal arises from the plaintiff’s ...

United States Court of Appeals for the Second Circuit False arrest and malicious prosecution Probable cause – Fabricated evidence – Jury instruction Ashley v. City of New York 19-2726-cv Judges Calabresi, Katzmann, and Carney Background: The plaintiff commenced an action ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Equal Access to Justice Act Attorneys’ fees – Catalyst theory Criss v. NYS Dept. of Health CA 19-01544 Appealed from Supreme Court, Steuben County Background: The petitioner commenced an article ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child visitation Out-of-state – Mistreatment – Supervision Dixon v. Crow CAF 19-01009 Appealed from Family Court, Livingston County Background: The mother appealed from an order that granted the petitioner father’s ...

United States Court of Appeals for the Second Circuit Fair Housing Act — Harasment Francis v. Kings Park Manor Inc., et al. 15-1823-cv En Banc Background: At issue is whether a plaintiff states a claim under the Fair Housing Act ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Control over work Dennis v. Cerrone CA 19-01769 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action seeking damages for injuries he sustained while performing ...

New York State Advisory Committee on Judicial Ethics Distribution of plea offers Town justice security personnel Opinion 20-177 Background: The inquiring town justice asks if it is ethically permissible for security personnel in their town court to distribute the district ...

New York State Court of Appeals Water rents Liability – Regulatory construction Herkimer County Industrial Development Agency v. Village of Herkimer, et al. No. 14 Memorandum  Background: The defendant, via a counterclaim, sought a judgment declaring that the plaintiff is ...

United States Court of Appeals for the Second Circuit  Affordable Care Act Catchall statute of limitations Vega-Ruiz v. Northwell Health 20-315 Judges Newman and Pooler Background: The plaintiff appealed from a judgment granting the defendant’s Rule 12(b)(6) motion to dismiss ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Duty of care – Non-patients Cardenas v. Rochester Regional Health, et al. CA 20-00131 Appealed from Supreme Court, Monroe County Background: The plaintiff administrator of decedent’s estate commenced ...

United States Court of Appeals for the Second Circuit  Carjacking mens rea Jury instruction – Prosecution’s theory – Expert testimony and notice United States v. Felder 19-897 Judges Raggi, Sullivan, and Bianco Background: The defendant appealed from his conviction of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Identification procedure Surveillance video – Reserved decision People v. Johnson KA 19-00950 Appealed from Supreme Court, Ontario County Background: The defendant appealed from his conviction of multiple counts of assault ...