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Tag Archives: New York State Court of Appeals

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 ...

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New York State Court of Appeals – Long-Arm Jurisdiction: Paterno v. Laser Spine Institute

New York State Court of Appeals – Long-Arm Jurisdiction – Sufficient Contacts – Passive Website   Paterno v. Laser Spine Institute No. 186 Judge Rivera   Background: The plaintiff appealed from the dismissal for lack of personal jurisdiction of his medical ...

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New York State Court of Appeals – Port Authority: Matter of New York City Asbestos Litigation

New York State Court of Appeals – Port Authority – Sovereign Immunity – Notice of Claim – Wrongful Death   Matter of New York City Asbestos Litigation No. 185 Judge Smith   Background: The Port Authority is a bi-state agency and ...

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Court of Appeals: Kigin v. State of New York Workers’ Compensation Board

New York State Court of Appeals Workers’ Compensation Board Medical Treatment Guidelines – Scope of Authority Kigin v. State of New York Workers’ Compensation Board No. 181 Judge Pigott Background: At issue on appeal is whether the Workers’ Compensation Board ...

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New York State Court of Appeals – Bankruptcy: Santiago-Monteverde v. Pereira

New York State Court of Appeals – Bankruptcy – Debtor/Creditor – Local Public Assistance Benefit – Rent-stabilized Lease   Santiago-Monteverde v. Pereira No. 180 Judge Abdus-Salaam   Background: At issue is the question of whether a bankruptcy debtor’s interest in her ...

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New York State Court of Appeals – Tax-Exempt: Cybele, Magna Mater, Inc. v. McCoy, et al.

New York State Court of Appeals – Tax-Exempt – Religious Purpose – Affordable Cooperative Housing   Cybele, Magna Mater, Inc. v. McCoy, et al. No. 202 Memorandum   Background: The petitioner, a not-for-profit religious corporation, commenced proceedings after the respondent Board ...

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COA nominees forwarded to governor

Two Erie County Supreme Court justices and five New York City lawyers are the seven candidates forwarded Monday to Gov. Andrew M. Cuomo for consideration to fill the upcoming vacancy on the state Court of Appeals. The two justices, Eugene ...

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New York State Court of Appeals – Not-for-profit: Merry-go-round Playhouse v. Assessor of City of Auburn

New York State Court of Appeals – Not-for-profit – Tax Exemption   Merry-go-round Playhouse v. Assessor of City of Auburn No. 201 Judge Lippman   Background: At issue is whether certain real property owned by the petitioner, a not-for-profit theater corporation, ...

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New York State Court of Appeals – Jury Verdict: Motelson v. Ford Motor Company

New York State Court of Appeals – Jury Verdict – Emotional Distress Damages – Failure to Argue at Trial   Motelson v. Ford Motor Company No. 195 Memorandum   Background: At issue is whether the plaintiffs suffered, or would continue to ...

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New York State Court of Appeals – ‘Miranda’: People v. Hill

New York State Court of Appeals – ‘Miranda’ – Post-‘Miranda’ Silence – Absent Unusual Circumstances   People v. Hill No. 194 Memorandum   Background: At issue is whether the defendant’s silence post-Miranda opened the door to use his silence at trial. ...

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New York State Court of Appeals – Double Jeopardy: Gorman v. Rice, et al.

New York State Court of Appeals – Double Jeopardy – Mistrial – Defendant’s Consent   Gorman v. Rice, et al. No. 190 Memorandum   Background: The defendant’s vehicle veered out of control and flew in front of another vehicle as she ...

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