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Tag Archives: New York State Court of Appeals

Court of Appeals — Insurance: QBE Insurance Corporation v. Jinx-Proof Inc.

New York State Court of Appeals Insurance Disclaiming Coverage — Notice QBE Insurance Corporation v. Jinx-Proof Inc. No. 25 Memorandum Background: The plaintiff issued a liability policy to the defendant. A patron of the bar owned by the defendant commenced ...

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Court of Appeals — New York Taxation: Gaied v. New York State Tax Appeals Tribunal, et al.

New York State Court of Appeals New York Taxation Statutory Resident Test Gaied v. New York State Tax Appeals Tribunal, et al. No. 26 Judge Pigott Background: At issue was the “statutory resident test” of New York’s Tax Law and ...

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Court of Appeals — ‘Rosario’ Material: People v. Martinez; People v. Martinez

New York State Court of Appeals ‘Rosario’ Material Non-willful, Negligent Loss — Prejudice People v. Martinez; People v. Martinez Nos. 14 & 13 Judge Read Background: At issue is whether a judge abused his discretion when he declined to give ...

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Court of Appeals — Disclaiming Coverage: Countrywide Insurance Company v. Preferred Trucking Services Corp.

New York State Court of Appeals Disclaiming Coverage Reasonable Time — Non-Cooperation Countrywide Insurance Company v. Preferred Trucking Services Corp. No. 21 Judge Pigott Background: The plaintiff commenced an action against the defendants seeking a declaration that it is not ...

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Court of Appeals — State Tax Law: Baldwin Union Free School District v. County of Nassau

New York State Court of Appeals State Tax Law County Action — Constitutional Limits Baldwin Union Free School District v. County of Nassau No. 9 Judge Abdus-Salaam Background: At issue was whether the county could pass a local law that ...

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Court of Appeals — Breach of the Duty to Indemnify: K2 Investment Group, LLC v. American Guarantee & Liability Insurance Company

New York State Court of Appeals  Breach of the Duty to Indemnify Exclusions — Disputed Coverage K2 Investment Group, LLC v. American Guarantee & Liability Insurance Company No. 6 Judge Smith Background: Claims for legal malpractice were against the defendant’s insured, which ...

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Court of Appeals — Extreme Emotional Disturbance: People v. Gonzalez

New York State Court of Appeals Extreme Emotional Disturbance Notice — People’s Proof People v. Gonzalez No. 12 Judge Abdus-Salaam Background: At issue is whether section 250.10 of the Criminal Procedure Law applies where the defendant offers no evidence at trial ...

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Court of Appeals — Self-Representation: People v. Stone

New York State Court of Appeals Self-Representation Mental Illness People v. Stone No. 5 Judge Graffeo Background: At issue was whether the defendant’s constitutional rights were violated by the trial court’s failure to sua sponte inquire into his mental capacity ...

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Court of Appeals — Insurance Contract: Executive Plaza v. Peerless Insurance Company

New York State Court of Appeals Insurance Contract Unenforceable Clause — Property Replacement — Limitation of Time Executive Plaza v. Peerless Insurance Company No. 2 Judge Smith Background: At issue is a fire insurance policy that contained a clause limiting ...

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