In a full-fledged opinion by Judge Smith, the Court of Appeals held that “when a liability insurer has breached its duty to defend its insured, the insurer may not later rely on policy exclusions to escape its duty to indemnify the insured for a judgment against him.” The Court wrote: …”[A]n insurance company that has […]
In a full-fledged opinion by Judge Graffeo, the Court of Appeals reversed the Appellate Division and allowed a suit by Bear Stearns against its insurers (which had denied coverage) to go forward. In response to a Security and Exchange Commission (SEC) investigation into late trading and market timing activities, Bear Stearns agreed to pay a […]
The Court of Appeals considered two cases in which, after pleading guilty, the defendant made a pro se motion to withdraw the plea, claiming coercion and undue pressure by defense counsel. In both cases the sentencing judge asked for the defense attorney’s position on the pro se motion, which forced both attorneys to take a […]
The Court of Appeals, in a full-fledged opinion by Judge Pigott which addressed both the proof requirements for depraved indifference murder and ineffective assistance of counsel, determined that the brutal beating of a 15-month-old baby combined with the failure to summon assistance for 2 hours met the criteria for depraved indifference to human life. The […]
The defendant was convicted of “unlicensed general vending” for selling t-shirts in New York City without a vendor’s license. In his defense the defendant argued that the vending of t-shirts with artistic images on them was constitutionally protected expression. The Court of Appeals affirmed the conviction and the determination below that the purpose of the […]
In a full-fledged opinion by Judge Read, with a concurrence/dissent by Judge Graffeo, the Court of Appeals hashed out the priority of liens, including mechanic’s liens, to be satisfied after the foreclosure on a 10 million dollar construction project in Syracuse. The Court determined that a loan agreement constituted a “building loan contract” within the […]
In affirming the tax assessment of residential properties in Syracuse, the Court of Appeals, in a full-fledged opinion by Judge Rivera, determined that the petitioner did not make a sufficient showing of the diminution of property values by the presence of lead paint: In this Real Property Tax Law article 7 proceeding challenging the tax […]
The First Department determined plaintiff, who was eleven at the time of the accident, should have been allowed to file an amended notice of claim. The original notice described the wrong address. At the 50-h hearing the plaintiff identified the correct location after seeing photographs of the incorrect location. The defendant did not meet its […]
The Fourth Department determined the National Labor Relations Board, under the doctrine of federal preemption of state law, had first crack at determining whether it had jurisdiction over a collective bargaining matter, as opposed to the NYS Public Employment Relations Board (PERB): We agree with petitioners, however, that Supreme Court erred in determining that PERB […]
The Fourth Department determined County Court erred when it denied defendant’s application for resentencing under the Drug Law Reform Act on the ground defendant was a reincarcerated parole violator. Nor did it matter that defendant was released from parole supervision after he made the application. People v Saffold, 666, 4th Dept, 6-7-13
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