November 3, 2015 Comments Off on Court of Appeals – DEC Letter: Remet Corporation v. Estate of James R. Pyne, et al.
New York State Court of Appeals DEC Letter Adverse Legal Consequences – Indemnification Remet Corporation v. Estate of James R. Pyne, et al. No. 129 Judge Stein Background: At issue is whether a letter from the Department of Environmental Conservation ...
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Read More »November 2, 2015 Comments Off on Court of Appeals – Tax Law – Sale of Mobile Telecommunications Services: People v. Sprint Nextel Corp, et al.
New York State Court of Appeals Tax Law – Sale of Mobile Telecommunications Services Unbundling – Preemption People v. Sprint Nextel Corp, et al. No. 127 Judge Lippman Background: At issue is the defendants’ nationwide program of “unbundling” charges within ...
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Read More »October 30, 2015 Comments Off on Court of Appeals – Civil Contempt: El-Dehdan v. El-Dehdan
New York State Court of Appeals Civil Contempt Willful Disobedience El-Dehdan v. El-Dehdan No. 90 Judge Rivera Background: The defendant challenged a determination of civil contempt for his failure to comply with an order related to the parties’ matrimonial proceeding. ...
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Read More »October 29, 2015 Comments Off on Court of Appeals – SORA Hearings: People v. Martinez
New York State Court of Appeals SORA Hearings Grand Jury Minutes – Failure to Disclose People v. Martinez No. 180 Judge Lippman Background: At issue is whether the defendant’s due process rights were violated when the hearing court relied upon ...
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Read More »October 26, 2015 Comments Off on Court of Appeals – Accusatory Instrument: People v. Sans
New York State Court of Appeals Accusatory Instrument Sufficiency – Gravity Knife People v. Sans No. 140 Judge Fahey Background: In the accusatory instrument charging the defendant with a misdemeanor, the police officer stated that “he had observed the defendant ...
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Read More »October 23, 2015 Comments Off on Court of Appeals – Jury Tampering and Bribery: People v. Harris
New York State Court of Appeals Jury Tampering and Bribery Prejudicial and Relevant Evidence – Unrelated Murder People v. Harris No. 137 Judge Pigott Background: The case involves the interplay between two murders and three criminal trials. While one murder ...
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Read More »October 22, 2015 Comments Off on Court of Appeals – SORA Hearing: People v. Poleun
New York State Court of Appeals SORA Hearing Defendant’s Non-Appearance – Waiver People v. Poleun No. 128 Memorandum Background: The defendant had pleaded guilty to one count of possession of a sexual performance by a child. He was sentenced to ...
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Read More »August 17, 2015 Comments Off on Court of Appeals – Deleon v. New York City Sanitation Department
New York State Court of Appeals Municipal Motor Vehicle Accident Proper Standard Deleon v. New York City Sanitation Department No. 79 Memorandum Background: The plaintiff sued the defendants for personal injuries she sustained when a street sweeper collided with her ...
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Read More »August 13, 2015 Comments Off on Court of Appeals – State Farm Mutual Automobile Insurance Company v. Fitzgerald
New York State Court of Appeals Supplemental Motorist Coverage Police Vehicles State Farm Mutual Automobile Insurance Company v. Fitzgerald No. 119 Judge Abdus-Salaam Background: The Court of Appeals has held that the Insurance law requires that motor vehicle insurance policies ...
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Read More »August 13, 2015 Comments Off on Court of Appeals – Caprio, et al. v. New York State Department of Taxation and Finance, et al.
New York State Court of Appeals S Corporations Retroactive Application of Tax Law Amendments Caprio, et al. v. New York State Department of Taxation and Finance, et al. No. 116 Judge Stein Background: At issue is whether the 3 ½-year ...
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Read More »August 11, 2015 Comments Off on Court of Appeals – Burton, et al. v. New York State Department of Taxation and Finance, et al.
New York State Court of Appeals S Corporation Stock Sale Taxation Authority – Constitutional Challenge Burton, et al. v. New York State Department of Taxation and Finance, et al. No. 115 Judge Rivera Background: The plaintiffs are nonresident shareholders in ...
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Read More »August 9, 2015 Comments Off on Court of Appeals – People v. Basile
New York State Court of Appeals Animal Cruelty Knowingly Deprive Basic Necessities People v. Basile No. 113 Memorandum Background: An agent for the American Society for the Prevention of Cruelty to Animals respondent to a residential address based on an ...
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