NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Excluded evidence Lay testimony – Intoxication – Witness credibility Brooks v. Blanchard CA 18-01646 Appealed from Supreme Court, Erie County Background: The plaintiffs commenced an action seeking damages following a ...

United States Court of Appeals for the Second Circuit Subject matter jurisdiction Diversity jurisdiction – Amendments – Appellate level Van Buskirk v. The United Group of Companies 18-1469-cv Judges Calabresi, Lohier, and Sullivan Background: The plaintiffs appealed from the dismissal ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Evidence Conditional examination – Juror misconduct – Set aside verdict People v. Blunt KA 15-02178 Appealed from Monroe County Court Background: The defendant appealed from his conviction of murder and ...

United States Court of Appeals for the Second Circuit Sexual harassment Cat’s paw theory – Vicious liability Menaker v. Hofstra University 18-3099-cv Judges Cabranes, Hall, and Stanceu Background: The plaintiff appealed from the dismissal of his complaint for failing to ...

New York State Court of Appeals Assault Physical injury – Lesser-included offense People v. Sipp No. 95 SSM 15 Memorandum Background: The defendant was convicted of assaulting his former girlfriend’s face and neck with a sharp instrument and repeatedly stomping ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Spousal support Guidelines – Deviation Bibbes-Turner v. Bibbes CAF 18-00374 Appealed from Family Court, Erie County Background: The petitioner appealed form an order denying her objections to the support magistrate’s ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Foreclosure sale Time of the essence clause – Party’s delay – Sanctions Bayview Loan Servicing v. Strauss, et al. CA 18-01444 Appealed from Supreme Court, Erie County Background: The plaintiff ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Subpoena Nonparty – Personal knowledge – Motion to compel Barber v. BorgWarner Inc. CA 18-00738 Appealed from Supreme Court, Chautauqua County Background: The petitioner commenced a proceeding seeking to quash ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Burglary Identity of criminal defendant People v. Alston KA 16-01991 Appealed from Erie County Court Background: The defendant appealed from his conviction of burglary. He argues that the evidence was ...

United States Court of Appeals for the Second Circuit Attorney’s fees Prevailing party – Partial success – Prior administrative proceedings Chabad Lubavitch of Litchfield v. Litchfield 18-1820-cv(L) Judges Newman, Hall, and Chin Background: The parties appealed the award of attorney’s ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Proximate cause – Inconsistent verdict Almuganahi v. Gonzalez CA 18-01502 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a negligence action seeking damages for injuries he sustained ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Probation Revocation – Hearing People v. Ayotunji A. KA 16-00003 Appealed from Monroe County Court Background: The defendant was adjudicated a youthful offender upon his plea of guilty to robbery. ...