NY Daily Record Since 1908

New York State Court of Appeals Municipal liability Prior written notice of defect – Stairway Hinton v. Village of Pulaski No. 35 SSM 27 Memorandum Background: The plaintiff commenced an action against the defendant after he fell while descending an ...

New York State Court of Appeals Mental Hygiene Law Sealing of court records – Mental disorders Matter of James Q. No. 3 Judge DiFiore Background: At issue on appeal is whether the confidentiality provision of Section 33.13 of the Mental ...

New York State Court of Appeals Predicate felony status Prior conviction – Resentencing People v. Thomas No.5 Judge Stein Background: At issue on appeal is whether a resentence on a prior conviction, which was imposed after the original sentence is ...

New York State Court of Appeals Non-merits dismissal Failure to comply with contractual condition precedent U.S. Bank National Assoc. v. DLJ Mortgage Capital Inc. No. 7 Judge Rivera Background: The plaintiff, in its capacity as trustee of the ABSHE 2006 ...

New York State Court of Appeals Mental Hygiene Law Treatment planning meetings – Sex offender treatment program – Presence of counsel Mental Hygiene Legal Service, et al. v. Sullivan, et al. No. 1 Judge Stein Background: At issue with whether ...

New York State Court of Appeals Mental Hygiene Law Admission or retention proceeding – Standing – Government agency Mental Hygiene Legal Service v. Daniels No. 2 Judge DiFiore Background: At issue is whether the plaintiff has standing to initiate a ...

New York State Court of Appeals Nonresident attorney No office in New York – Complaint nullity Arrowhead Capital Finance v. Cheyne Specialty Finance Fund, et al. No. 4 Judge Garcia Background: The parties had entered into a financing agreement and ...

New York State Court of Appeals Real Property Tax Law Cellular data transmission equipment T-Mobile Northeast v. DeBellis, et al. No. 140 Judge DifFiore Background: At issue is whether certain telecommunications equipment is taxable property. Specifically, the Court of Appeals ...

New York State Court of Appeals Freedom of information request Police officer’s identifying information redacted – Exempt from disclosure NY Civil Liberties Union v. NYC Police Dept., et al. No. 133 Judge Garcia Background: The petitioner sought disclosure of protected ...

New York State Court of Appeals Sentencing Electronic monitoring device – Monitoring alcohol intake People v. Hakes No. 139 Judge Feinman Background: At issue on appeal is whether, as a condition of probation, sentencing courts can require a defendant to ...

New York State Court of Appeals Sex Offender Registration Act Foreign jurisdiction – Registration – Sex offender People v. Diaz No. 134 Judge Feinman Background: Pursuant to the Sex Offender Registry Act, persons convicted of a felony in any other ...

New York State Court of Appeals Workers compensation Schedule loss of use – Additional compensation – Durational limits Mancini v. Office of Children and Family Services, et al. No. 135 Judge DiFiore Background: At issue on appeal is whether the ...