NY Daily Record Since 1908

New York Court of Appeals Ineffective assistance of counsel Complete record – DNA evidence – Harmless error – Identification not at issue People v. Lopez-Mendoza No. 43 Judge Wilson Background: The defendant appealed from his conviction of rape on the ...

New York State Court of Appeals Products liability Products – Defendant’s control over design Eighth Judicial District asbestos litigation, Terwilliger v. Beazer East, et al. No. 36 Judge Feinman Background: The plaintiff, as administrator of the estate of the decedent, ...

New York State Court of Appeals Insurance Law Disclosure of coverage – Insurance coverage disclaimer – Non-domiciliary Nadkos Inc. v. Preferred Contractors Insurance Company Risk Retention Group, et al. No. 37 Judge Rivera Background: The litigation began as an insurance ...

New York State Court of Appeals Brady material Materiality – Impeachment evidence People v. Giuca No. 38 Judge DiFiore  Background: At issue on appeal is whether the people violated their obligations under Brady v. Maryland, 373 U.S. 83 (1963), by ...

New York State Court of Appeals Rent Stabilization Law Luxury deregulation – Real Property Tax Law Kuzmich, et al. v. 50 Murray Street Acquisition LLC West, et al. v. NCRE-90 West Street LLC Nos. 50 & 51 Judge Stein Background: ...

New York State Court of Appeals Professional service corporation Non-physician control – Withholding medical payments – Fraud Andrew Carothers, MD v. Progressive Insurance Co. No. 39 Judges Fahey Background: The plaintiff is a professional service corporation which was formed by ...

New York State Court of Appeals  Student disciplinary hearing Presence of counsel – Adjournment request Bursch v. State University of New York at Purchase, et al. No. 63 SSM 8 Memorandum Background: The petitioner was a student enrolled at the ...

New York State Court of Appeals Public Service Law Public Service Commission authority – Statutory interpretation – Gas corporation National Energy Marketers Assoc., et al. v. NYS Public Service Commission Retail Energy Supply Assoc. et al. v. NYS Public Service ...

New York State Court of Appeals Long-arm jurisdiction Minimum contacts – Out-of-state gun sales Williams, et al. v. Beemiller Inc., et al. No. 25 Judge DiFiorie Background: At issue in this case is the propriety of exercising New York’s long-arm ...

New York State Court of Appeals Strict product liability Design defect – Optional safety device – Rental market Fasolas v. Bobcat of New York, et al. No. 29 Judge Difiore Background: The Court of Appeals previously recognized an exception to ...

New York State Court of Appeals Jury note Counsel Notice – Reconstruction hearing People v. Meyers No. 60 SSM 6 Memorandum Background: While preparing the defendant’s appeal, defense counsel discovered a purported jury note marked as an exhibit in a ...

New York State Court of Appeals Contract waiver Public policy – Waiver of declaratory action – Freedom of contract 159 MP Corp., et al. v. Redbridge Beford LLC No. 26 Judge DiFiore Background: The commercial tenants sought to invalidate a ...