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Tag Archives: New York State Court of Appeals

Court of Appeals — Tip Pool and Tip Splitting Employer Policies: Barenboim et al. v. Starbucks Corporation

New York State Court of Appeals  Tip Pool and Tip Splitting Employer Policies Authority over Subordinates Barenboim et al. v. Starbucks Corporation No. 122 Judge Graffeo Background: On certification from the Second Circuit, the Court of Appeals was asked to address the ...

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Court of Appeals — Intoxicated Patient: Kowalski v. St. Francis Hospital and Health Centers, et al.

New York State Court of Appeals Intoxicated Patient Duty to Prevent Him from Leaving Hospital Kowalski v. St. Francis Hospital and Health Centers, et al. No. 128 Judge Smith Background: The plaintiff was brought to the defendant hospital to be ...

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Court of Appeals — Resentencing: People v. Brinson; People v. Blankymsee

New York State Court of Appeals Resentencing Double Jeopardy — Expectation of Finality People v. Brinson; People v. Blankymsee Nos. 135 & 136 Judge Rivera Background: Both defendants argue that the imposition of mandatory post-release supervision to his determinate sentence at ...

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Court of Appeals — Fraud – Knowledge: State of New York v. Greenberg, et al.

New York State Court of Appeals Fraud – Knowledge Sufficiency of Evidence – Prior Criminal Trial State of New York v. Greenberg, et al. No. 63 Judge Smith Background: The attorney general brought suit against the defendants alleging numerous allegations ...

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Court of Appeals — Special Duty: Applewhite, et al. v. Accuhealth, Inc., et al.

New York State Court of Appeals Special Duty Emergency Medical Care — Ambulance Fee Applewhite, et al. v. Accuhealth, Inc., et al. No. 86 Judge Graffeo Background: The plaintiffs commenced an action after the plaintiff’s daughter suffered brain damage following ...

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Court of Appeals — Fifth Amendment Privilege: People v. Cantave

New York State Court of Appeals  Fifth Amendment Privilege Cross-Examination — Pending Criminal Appeal People v. Cantave No. 129 Judge Lippman Background: On appeal, the defendant argued that his Fifth Amendment privilege against self-incrimination was violated when the trial court granted ...

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