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Tag Archives: New York State Court of Appeals

New York State Court of Appeals – Attorney Misconduct: Dunn v. Committee on Professional Standards

New York State Court of Appeals – Attorney Misconduct – Collateral Estoppel   Dunn v. Committee on Professional Standards No. 23 Per Curiam   Background: At issue is whether collateral estoppel applies in respondent attorney’s disciplinary proceeding to bar her ...

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New York State Court of Appeals – Rent Control: Conason, et al. v. Megan Holding, et al.

New York State Court of Appeals – Rent Control – Overcharge Claim – Statute of Limitations – Fraud   Conason, et al. v. Megan Holding, et al. No. 14 Judge Read   Background: The plaintiffs are tenants in a rent-stabilized ...

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New York State Court of Appeals – Breach of Contract: BDC Finance LLC v. Barclays Bank

New York State Court of Appeals – Breach of Contract – Contract Interpretation – Summary Judgment   BDC Finance LLC v. Barclays Bank No. 5 Judge Pigott   Background: The action arises out of a contract dispute between a major ...

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New York State Court of Appeals – Insurance Contract: Platek, et al. v. Town of Hamberg, et al.

New York State Court of Appeals – Insurance Contract – Policy Exclusion – Express Purpose   Platek, et al. v. Town of Hamberg, et al. No. 21 Judge Read   Background: A subsurface water main abutting the plaintiffs’ property ruptures ...

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New York State Court of Appeals – Landlord/Tenant: Graham Court Owner’s Corp. v. Taylor

New York State Court of Appeals – Landlord/Tenant – Holdover Proceeding – Attorneys’ Fees   Graham Court Owner’s Corp. v. Taylor No. 18 Judge Rivera   Background: In the underlying holdover proceeding, at issue is whether section 234 of the ...

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New York State Court of Appeals – Plea Agreement: People v. Crowder

New York State Court of Appeals – Plea Agreement – Post-Release Supervision Component – Preservation   People v. Crowder No. 11 Memorandum   Background: The defendant was indicted on charges of burglary and criminal mischief and before a combined evidentiary ...

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New York State Court of Appeals – Reverse Discrimination: Margerum v. City of Buffalo

New York State Court of Appeals – Reverse Discrimination – General Municipal Law Section 50-i   Margerum v. City of Buffalo No. 7 Judge Lippman   Background: Twelve white firefighters commenced an action alleging the defendants engaged in reverse, disparate ...

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New York State Court of Appeals – Lesser Included Offense: People v. Repanti

New York State Court of Appeals – Lesser Included Offense – Assault and Harassment   People v. Repanti No. 10 Judge Rivera   Background: The defendant argued that he was unlawfully convicted of attempted assault and harassment because those counts ...

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New York State Court of Appeals – Sex Offender Registration Act: People v. Diack

New York State Court of Appeals – Sex Offender Registration Act – Local Residency Restrictions – Preemption   People v. Diack No. 1 Judge Pigott   Background: At issue is Nassau County’s Local Law No. 4-2006, which prohibits registered sex ...

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