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New York State Court of Appeals

Court of Appeals – Identity theft: People v. Roberts; People v. Rush

New York State Court of Appeals Identity theft Assumption of identity – Use of identifying information People v. Roberts; People v. Rush No. 42 & 43 Judge Rivera Background: The common issue presented in these appeals is whether the people ...

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Court of Appeals – Driving while intoxicated: People v. Odum

The New York State Court of Appeals Driving while intoxicated Breathalyzer – Voluntary – Suppression People v. Odum No. 46 Judge Stein Background: The people appealed from a determination by the trial court to suppress the results of a breathalyzer ...

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Court of Appeals – Unlawful use of scientific material: People v. Aleynikov

New York State Court of Appeals Unlawful use of scientific material Computer source code – Tangible – Intent People v. Aleynikov No. 47 Judge Fahey Background: The defendant was charged with the unlawful use of secret scientific material. At issue ...

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Court of Appeals – Environmental Conservation Law: FMC Corp. v. New York State Dept. of Environmental Conservation

New York State Court of Appeals Environmental Conservation Law Unilateral remediation authority FMC Corporation v. New York State Dept. of Environmental Conservation No. 41 Judge Wilson Background: The Appellate Division had held that neither Title 9, nor Title 13 of ...

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Court of Appeals – Breach of contract: Skanska USA Building Inc. v. Atlantic Yards B2 Owner LLC, et al.

New York State Court of Appeals Breach of contract Contract interpretation – Failure to state a claim Skanska USA Building Inc. v. Atlantic Yards B2 Owner LLC, et al. No. 38 Memorandum Background: The plaintiff commenced an action asserting claims ...

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Court of Appeals – Statutory interpretation: Altman v. 285 West Fourth LLC

New York State Court of Appeals Statutory interpretation Plain language – Legislative intent – Rent Stabilization Law Altman v. 285 West Fourth LLC No. 44 Judge DiFiore Background: At issue on appeal is whether the 20 percent vacancy increase should ...

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Court of Appeals – Self-Representation: People v. Silburn

New York State Court of Appeals Self-Representation Unequivocal statement – Standby counsel – Psychiatric evidence – Notice People v. Silburn No. 28 Judge DiFiore Background: The defendant argues on appeal that he was denied his right of self-representation when the ...

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Court of Appeals – Negligence: Rodriguez v. City of New York

New York State Court of Appeals Negligence Summary judgment – Comparative negligence – Burden of proof Rodriguez v. City of New York No. 32 Judge Feinman Background: At issue on appeal is whether a plaintiff is entitled to partial summary ...

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Court of Appeals – Statutory interpretation: Altman v. 285 West Fourth LLC

New York State Court of Appeals Statutory interpretation Plain language – Legislative intent – Rent Stabilization Law Altman v. 285 West Fourth LLC No. 44 Judge DiFiore Background: At issue on appeal is whether the 20 percent vacancy increase should ...

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