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Case Digests

NYS Advisory Committee on Judicial Ethics – Former referee in foreclosure: Opinion 20-178

New York State Advisory Committee on Judicial Ethics Former referee in foreclosure Escrow account – Ministerial duties Opinion 20-178 Background: The inquiring judge asks about his obligations with respect to an escrow account. Before he assumed the bench, he served ...

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Fourth Department – Dangerous condition: Graul v. Van Damme

New York State Supreme Court, Appellate Division, Fourth Judicial Department Dangerous condition Open and obvious – Surrounding circumstances Graul v. Van Damme CA 20-00309 Appealed from Supreme Court, Ontario County Background: The plaintiff commenced an action for injuries sustained when ...

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Court of Appeals – Refiling simplified traffic information: People v. Epakchi

New York State Court of Appeals Refiling simplified traffic information Reprosecution People v. Epakchi No 19 Judge DiFiore Background: At issue on appeal is the adopted rule of the Ninth and Tenth Judicial Districts of the appellate term under which, ...

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NYS Advisory Committee on Judicial Ethics – Gun permit: Opinion 20-181

New York State Advisory Committee on Judicial Ethics Gun permit Character reference – Prohibited conduct Opinion 20-181 Background: The inquiring judge asks whether he must take any action with respect to the submissions of a town justice in support of ...

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Second Circuit – First Step Act: United States v. Bryant

United States Court of Appeals for the Second Circuit First Step Act Retroactive effect – Resentencing United States v. Bryant 20-1078-cr Judges Leval, Cabranes, and Raggi Background: The defendant appealed from an order that granted his motion for a sentence ...

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Fourth Department – Default judgment: Garvey v. Global Asset Management Solutions Inc.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Default judgment Presumption of service – Rebutting the presumption – Evidentiary hearing Garvey v. Global Asset Management Solutions Inc. CA 20-00212 Appealed from Supreme Court, Erie County Background: The plaintiff ...

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Second Circuit – Copyright: The Andy Warhol Foundation for the Visual Arts Inc. v. Lynn Goldsmith, et al.

United States Court of Appeals for the Second Circuit Copyright Fair use – Artistic image – Transformative The Andy Warhol Foundation for the Visual Arts Inc. v. Lynn Goldsmith, et al. 19-2420-cv Judges Jacobs, Lynch, and Sullivan Background: The defendants ...

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Court of Appeals – Mortgage foreclosure: CIT Bank N.A., v. Schiffman, et al.

New York State Court of Appeals Mortgage foreclosure Real Property Actions and Proceedings Law – Lender’s requirements CIT Bank N.A., v. Schiffman, et al. No. 11 Judge DiFiore Background: At issue in this foreclosure action was how a borrower can ...

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Fourth Department – Rape in the first degree: People v. Garcia

New York State Supreme Court, Appellate Division, Fourth Judicial Department Rape in the first degree Delay in obtaining DNA – Missing witness jury charge People v. Garcia KA 16-00875 Appealed from Supreme Court, Monroe County Background: The defendant appealed from ...

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