NY Daily Record Since 1908

New York State Supreme Court, Appellate Division, Fourth Judicial Department Slip and fall Winter storm – Reasonable time to correct condition Marrero v. Oak-Michigan Housing Development Fund Co. CA 19-02041 Appealed from Supreme Court, Erie County Background: The plaintiff commence ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Pre-indictment delay Contemporaneous investigation – No prejudice People v. Johnson KA 17-00529 Appealed from Monroe County Court Background: The defendant appealed from his conviction of rape on the basis that ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Negligence Labor Law – Contribution to injury causing condition Lacey v. Lancaster Development CA 19-02272 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a Labor Law and common ...

New York State Advisory Committee on Judicial Ethics Judge’s spouse’s representation of institution Institution represented by other law firms Opinion 21-14 Background: The inquiring judge’s spouse is a partner in a law firm that represents primarily institutional clients. The judge’s ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Sex Offender Registration Act Evidence of sexual contact – Downward departure – Participation in treatment People v. Chrisley KA 19-01495 Appealed from Genesee County Court Background: The defendant appealed from ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Insurance coverage Additional insured – Evidence – Certificate of insurance County of Erie v. Gateway-Longview Inc., et al. CA 20-00665 Appealed from Supreme Court, Erie County Background: The plaintiff commenced ...

New York State Advisory Committee on Judicial Ethics Former prosecutor Participation in documentary Opinion 20-215 Background: The inquiring full-time judge is a former prosecutor. He was involved in a high-profile case decades ago. The litigation ended in the 1990s and ...

United States Court of Appeals for the Second Circuit Discrimination claim Sufficiency of complaint – Enumerated factual allegations Quinones v. City of Binghamton 20-3078-cv Judges Jacobs, Pooler, and Park Background: The plaintiff is a lieutenant in the Binghamton Police Department. ...

New York State Advisory Committee on Judicial Ethics Full-time judge Center for Court Innovation Opinion 20-212 Background: A judge-elect asks if he may serve on the advisory board of the Center for Court Innovation after assuming full-time judicial office. The ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Burglary Sufficiency of evidence – Inference of intent People v. Hernandez KA 19-00447 Appealed from Supreme Court, Erie County Background: The defendant appealed from his conviction of burglary and menacing. ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Maintenance award Exceeding statutory guidelines – Factors – Tax debt Gutierrez v. Gutierrez CA 20-01139 Appealed from Supreme Court, Niagara County Background: The defendant husband appealed from a judgment of ...

New York State Supreme Court, Appellate Division, Fourth Judicial Department Private nuisance Water discharge – Good faith improvements Becker v. State of New York CA 20-00514 Appealed from Court of Claims Background: The claimants commenced a private nuisance action seeking ...