Please ensure Javascript is enabled for purposes of website accessibility
Home (page 10)

Tag Archives: New York State Court of Appeals

New York State Court of Appeals – Sentencing: New York State Court of Appeals – Sentencing

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 ...

Read More »

New York State Court of Appeals – Amending Complaint: Kimso Apartments v. Mahesh Gandhi

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 ...

Read More »

New York State Court of Appeals – Indian Nation’s Corporate Entity: Sue/Perior Concrete & Paving v. Lewiston Golf Course

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. ...

Read More »

New York State Court of Appeals – Insurance Law: Sierra v. 4401 Sunset Park

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 ...

Read More »

New York State Court of Appeals – Mode of Proceeding Error: People v. Hanson; People v. Silva

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 ...

Read More »

New York State Court of Appeals – Insurance Coverage: Strauss Painting, Inc. v. Mt. Hawley Insurance Company

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 ...

Read More »

New York State Court of Appeals – Jury Verdict: People v. DeLee

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 ...

Read More »

New York State Court of Appeals – Rent Stabilization: Downing v. First Lenox Terrace Associates; Gudz v. Jemrock Realty Company; Borden v. 400 East 55th Street Associates

New York State Court of Appeals – Rent Stabilization – Overcharges – Class Action – Compensatory Damages   Downing v. First Lenox Terrace Associates; Gudz v. Jemrock Realty Company; Borden v. 400 East 55th Street Associates Nos. 184, 183, 182 Judge ...

Read More »

New York State Court of Appeals – Education Law Section 3020-a: Kilduff v. Rochester City School District, et al.

New York State Court of Appeals – Education Law Section 3020-a – CBA – Grievance Procedure   Kilduff v. Rochester City School District, et al. No. 192 Judge Lippman   Background: The respondent notified the petitioner, a tenured school social worker, ...

Read More »

New York State Court of Appeals – Motor Vehicle Accident: Frezzell v. City of New York

New York State Court of Appeals – Motor Vehicle Accident – Police Officer – Reckless Disregard   Frezzell v. City of New York No. 188 Judge Graffeo   Background: At issue is whether the police officer’s operation of his patrol vehicle ...

Read More »