Over a dissent, the Court of Appeals, in a full-fledged opinion by Judge Pigott, determined that the defendant’s identification in a line-up, after an admittedly illegal arrest, was not tainted by the arrest under the doctrine of “attenuation.” The operative legal principles were described as follows: The sergeant’s initial arrest of defendant was without probable […]
The First Department, in this and several other similar rulings, reversed Supreme Court’s denial of petitioner’s application for a stationary engineer license determining that petitioner’s criminal record bore no relationship to the duties of a stationary engineer: The determination to deny petitioner’s renewal application for a stationary engineer license was in violation of lawful procedure […]
In affirming Family Court’s modification of custody, the Second Department noted that Family Court properly considered a neglect proceeding that was adjourned in contemplation of dismissal (not a determination on the merits) and Family Court was not required to accept the recommendations of the court-appointed forensic psychologist. Matter of Selliah v Penamente, 2013 NY Slip Op […]
Plaintiff’s decedent fell down an elevator shaft, allegedly due to the condition of a door interlock. The First Department determined the wrongful death complaint against New York Elevator and Electrical Corporation (NYE) should have been dismissed because the company was retained only on an on-call basis for repairs and there was no evidence NYE was […]
In a full-fledged opinion by Judge Smith, the Court of Appeals determined the Attorney General’s civil suit, seeking equitable relief (based upon allegations of fraud) against two former officers of AIG, survived summary judgment. The Court explained the nature of the suit as follows: The Attorney General began this civil suit against AIG, Maurice Greenberg […]
The First Department, in a full-fledged opinion by Justice Acosta, in the context of whether the complaint stated a cause of action sufficient to withstand a motion to dismiss, determined that the procedures in a Deed of Gift and Protocol for the America’s Cup sailing regatta constituted and “offer” and “acceptance” resulting in an enforceable […]
In a full-fledged opinion by Judge Graffeo, with two concurrences, the majority determined ambulance assistance rendered by first responders is a governmental, not proprietary, function. The majority also concluded a question of fact had been raised about whether the city owed a “special duty” to the plaintiff, who suffered serious brain damage after going into […]
In determining defendant’s motion to withdraw his plea (which had been based in part upon the disposition of another indictment subsequently dismissed) should have been granted, the Second Department wrote: Defendant pleaded guilty as part of a joint disposition of this case and another case, upon which he would be receiving a concurrent sentence of […]
The Third Department noted that County Court had jurisdiction to correct defendant’s 1999 sentence, which did not include post-release supervision: Defendant’s contention that County Court lacked jurisdiction due to an alleged unreasonable delay in correcting the sentence is without merit. A delay in resentencing pursuant to Correction Law § 601-d is “not jurisdictional in nature […]
The Third Department vacated defendant’s sentence because the victim’s mother was allowed to speak at sentencing. Defendant was convicted only of possession of a weapon and not the killing of the victim. The Third Department also noted that the failure to inform the defendant of pending charges against three prosecution witnesses was not a Rosario […]
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