New York State Court of Appeals – Town Code – Constitutionality – Severability   People v. On Sight Mobile Opticians No. 222 Memorandum   Background: The defendant was charged with violating a town code by placing a sign advertising its ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals – Mechanic’s Lien – Misnomer of Property Owner – Amendment   Rigano v. Vibar Construction No. 223 Judge Lippman   Background: At issue is whether a notice of mechanic’s lien can be amended nunc ...

Tagged with: Mechanic’s Lien New York State Court of Appeals

New York State Court of Appeals Negligent Supervision Emotional and Behavioral Issues D.T. v. Rich No. 207 Memorandum Background: The Department of Social Services placed the plaintiff, a 13-year-old child, at a residential facility operated by the defendant. The plaintiff ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals Indictments – Non-facial Duplicity Trial Evidence – Preservation People v. Allen No. 206 Judge Lippman Background: At issue is whether a duplicity argument based on trial evidence must be preserved for appeal where the ...

Tagged with: indictments New York State Court of Appeals

New York State Court of Appeals – Sentencing – Adjournment – Timeliness of Motion   People v. Spears No. 204 Memorandum   Background: The defendant was charged with one count of sexual abuse in the first degree for sexual contact with ...

Tagged with: New York State Court of Appeals sentencing

New York State Court of Appeals – Amending Complaint – Litigation Strategy – Prejudice to Opposing Party   Kimso Apartments v. Mahesh Gandhi No. 197 Judge Rivera   Background: The defendant-counterclaimant appealed from a judgment that denied his application to amend ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals – Indian Nation’s Corporate Entity – Sovereign Immunity   Sue/Perior Concrete & Paving v. Lewiston Golf Course No. 196 Judge Pigott   Background: The defendant golf course is owned by the Seneca Nation of Indians. ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals – Insurance Law – Notice of Disclaiming Coverage – Multiple Insurers   Sierra v. 4401 Sunset Park No. 216 Judge Smith   Background: Section 3420 (d) (2) of the Insurance law requires a liability insurer ...

Tagged with: insurance law New York State Court of Appeals

New York State Court of Appeals – Municipal Liability – Special Relationship   Coleson v. City of New York No. 191 Judge Abdus-Salaam   Background: The plaintiff was stabbed in the back by her husband during the pendency of a request ...

Tagged with: municipal liability New York State Court of Appeals

New York State Court of Appeals – Mode of Proceeding Error – Jury’s Request for Information During Deliberations   People v. Hanson; People v. Silva Nos. 209 & 208 Judge Graffeo   Background: At issue in both cases is whether a ...

Tagged with: New York State Court of Appeals

New York State Court of Appeals – Insurance Coverage – Notice to Broker – Broker’s Relationship with Liability Carrier   Strauss Painting, Inc. v. Mt. Hawley Insurance Company No. 203 Per Curiam   Background: The plaintiff was contracted to perform work ...

Tagged with: Insurance Coverage New York State Court of Appeals

New York State Court of Appeals – Jury Verdict – Inconsistency – Repugnancy   People v. DeLee No. 189 Judge Read   Background: A grand jury indicted the defendant for second-degree murder as a hate crime, second-degree murder and third-degree criminal ...

Tagged with: jury verdict New York State Court of Appeals