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Tag Archives: New York State Court of Appeals

Court of Appeals — Withdrawal of Plea: People v. Deliser; People v. Mitchell

New York State Court of Appeals Withdrawal of Plea Attorney Coercion — Assignment of New Counsel People v. Deliser; People v. Mitchell Nos. 116; 117 Memorandum Background: Both defendants entered guilty pleas, but subsequently filed pro se motions seeking withdrawal ...

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Court of Appeals — Foreclosure: Altshuler Shaham Provident Funds Ltd. v. GML Tower LLC

New York State Court of Appeals   Foreclosure Lien Priority — Construction Loans Altshuler Shaham Provident Funds Ltd. v. GML Tower LLC No 115 Judge Read Background: A mortgage foreclosure action arose from a failed redevelopment of a hotel complex consisting of ...

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Court of Appeals — Indemnification: JP Morgan Securities Inc. v. Vigilant Insurance Company

New York State Court of Appeals   Indemnification Freedom to Contract — Public Policy Exceptions JP Morgan Securities Inc. v. Vigilant Insurance Company No. 113 Judge Graffeo Background: The insurance dispute arose from the insured’s monetary settlement of a Securities and Exchange Commission ...

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Court of Appeals — Insurance — Duty to Defend: K2 Investment Group LLC v. American Guarantee & Company

New York State Court of Appeals Insurance — Duty to Defend Breach — Exclusions K2 Investment Group LLC v. American Guarantee & Company No. 106 Judge Smith Background: The plaintiffs made loans to a third company secured by mortgages. When ...

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Court of Appeals — Depraved Indifference Murder: People v. Barboni

New York State Court of Appeals Depraved Indifference Murder Mens Rea People v. Barboni NO. 102 Judge Pigott Background: The defendant was accused of repeatedly striking a young child and failing to summon medical assistance before the child died. The ...

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Court of Appeals — Indelible Right to Counsel: People v. Augustine

New York State Court of Appeals Indelible Right to Counsel Harmless Error People v. Augustine No. 109 Memorandum Background: The defendant was convicted after a jury trial for second-degree murder, aggravated cruelty to animals, and fourth-degree criminal possession of stolen ...

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Court of Appeals — Effective Assistance of Counsel: People v. Oliveras

New York State Court of Appeals Effective Assistance of Counsel Mental Illness — Medical Records vs. Biased Testimony People v. Oliveras No. 105 Judge Rivera Background: The people appealed from an order that granted the defendant’s motion to vacate his ...

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Court of Appeals — State Constitution: Empire State Chapter of Assoc. Builders and Contractors Inc. et al. v. Smith, et al.

New York State Court of Appeals State Constitution Home Rule — Distinctions Reasonableness Empire State Chapter of Assoc. Builders and Contractors Inc. et al. v. Smith, et al. No. 101 Judge Smith Background: The case on appeal concerns amendments to ...

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Court of Appeals — HAIL Act — Constitutionality: Greater New York Taxi Association, et al. v. State of New York, et al.

New York State Court of Appeals HAIL Act — Constitutionality State Concern — Reasonable Relationship Greater New York Taxi Association, et al. v. State of New York, et al. Taxicab Service Association, et al. v. State of New York et ...

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Court of Appeals — Burden of Proof: Wild et al. v. Catholic Health System et al.

New York State Court of Appeals  Burden of Proof Loss-of-Chance Theory of Liability Wild et al. v. Catholic Health System et al. No. 97 Memorandum Background: The defendants challenged a jury verdict in favor of the plaintiffs in a medical malpractice action. ...

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