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Case Digests

NYS Advisory Committee on Judicial Ethics – Accepting award: Opinion 20-184

New York State Advisory Committee on Judicial Ethics Accepting award Non-profit entity – Activities and legal advocacy Opinion 20-184 Background: The inquiring judge asks if he may accept an award for domestic violence awareness month in his capacity as a ...

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Fourth Department – Asset purchase: Founders Pavilion v. Pavilion Operations

New York State Supreme Court, Appellate Division, Fourth Judicial Department Asset purchase Medicaid reimbursement – Effective date – Contract construction Founders Pavilion v. Pavilion Operations CA 20-00498 Appealed from Supreme Court, Steuben County  Background: The appeal arises from the plaintiff’s ...

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Second Circuit – False arrest and malicious prosecution: Ashley v. City of New York

United States Court of Appeals for the Second Circuit False arrest and malicious prosecution Probable cause – Fabricated evidence – Jury instruction Ashley v. City of New York 19-2726-cv Judges Calabresi, Katzmann, and Carney Background: The plaintiff commenced an action ...

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Fourth Department – Equal Access to Justice Act: Criss v. NYS Dept. of Health

New York State Supreme Court, Appellate Division, Fourth Judicial Department Equal Access to Justice Act Attorneys’ fees – Catalyst theory Criss v. NYS Dept. of Health CA 19-01544 Appealed from Supreme Court, Steuben County Background: The petitioner commenced an article ...

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Fourth Department – Child visitation: Dixon v. Crow

New York State Supreme Court, Appellate Division, Fourth Judicial Department Child visitation Out-of-state – Mistreatment – Supervision Dixon v. Crow CAF 19-01009 Appealed from Family Court, Livingston County Background: The mother appealed from an order that granted the petitioner father’s ...

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Fourth Department – Labor Law: Dennis v. Cerrone

New York State Supreme Court, Appellate Division, Fourth Judicial Department Labor Law Control over work Dennis v. Cerrone CA 19-01769 Appealed from Supreme Court, Niagara County Background: The plaintiff commenced an action seeking damages for injuries he sustained while performing ...

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NYS Advisory Committee on Judicial Ethics – Distribution of plea offers: Opinion 20-177

New York State Advisory Committee on Judicial Ethics Distribution of plea offers Town justice security personnel Opinion 20-177 Background: The inquiring town justice asks if it is ethically permissible for security personnel in their town court to distribute the district ...

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Court of Appeals – Water rents: Herkimer County Industrial Development Agency v. Village of Herkimer, et al.

New York State Court of Appeals Water rents Liability – Regulatory construction Herkimer County Industrial Development Agency v. Village of Herkimer, et al. No. 14 Memorandum  Background: The defendant, via a counterclaim, sought a judgment declaring that the plaintiff is ...

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Second Circuit – Affordable Care Act: Vega-Ruiz v. Northwell Health

United States Court of Appeals for the Second Circuit  Affordable Care Act Catchall statute of limitations Vega-Ruiz v. Northwell Health 20-315 Judges Newman and Pooler Background: The plaintiff appealed from a judgment granting the defendant’s Rule 12(b)(6) motion to dismiss ...

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Fourth Department – Medical malpractice: Cardenas v. Rochester Regional Health, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department Medical malpractice Duty of care – Non-patients Cardenas v. Rochester Regional Health, et al. CA 20-00131 Appealed from Supreme Court, Monroe County Background: The plaintiff administrator of decedent’s estate commenced ...

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Second Circuit – Carjacking mens rea: United States v. Felder

United States Court of Appeals for the Second Circuit  Carjacking mens rea Jury instruction – Prosecution’s theory – Expert testimony and notice United States v. Felder 19-897 Judges Raggi, Sullivan, and Bianco Background: The defendant appealed from his conviction of ...

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