In reversing the grant of summary judgment to the defendant in a slip and fall case, the Second Department explained the controlling law with respect to ice and snow on a municipal sidewalk abutting private property as follows: Section 7-210 of the Administrative Code of the City of New York, which became effective September 14, […]
The First Department annulled a determination denying petitioner’s renewal application for a stationary engineer license finding no rational basis for the denial. Petitioner had been convicted of participating in a kickback scheme. The First Department noted that the equipment maintenance responsibilities of a stationary engineer were not implicated by the conviction. The First Department wrote […]
The Court of Appeals reversed the Appellate Division and granted defendant’s writ of coram nobis finding a conflict of interest on the part of defendant’s counsel, of which defendant was never made aware, amounted ineffective assistance. Defendant’s appellate counsel had represented a co-defendant, Martin, who testified against the defendant at his trial. During sentencing of […]
In reversing the Appellate Division, the Court of Appeals determined a Superior Court Information (SCI) was not jurisdictionally defective because it named victims not identified in the felony complaint. The defendant-respondent was charged with grand larceny based on his use of two persons’ identities to procure mortgages to purchase two properties. Those “identity theft” victims […]
The Court of Appeals, over a substantial dissent by Judge Lippman, determined that a note from a juror to the judge, prior to deliberations, did not raise the question whether the juror was “grossly unqualified” and therefore did not trigger the need for an in camera interview of the juror pursuant to People v Buford, […]
The main issue in this case was whether nearly daily incidents of sexual molestation of a minor by a priest in the Roman Catholic Diocese of Brooklyn, spanning six years, should be considered a single “occurrence” or separate “occurrences” within the meaning of the relevant insurance policies. If considered separate occurrences, then the deductible for […]
The Fourth Department determined the trial court should have set aside defendant’s criminal contempt convictions pursuant to Criminal Procedure Law 330.30(3) based upon newly discovered evidence (phone records calling into question complainant’s trial testimony). The Fourth Department wrote: To set aside a verdict pursuant to CPL 330.30 (3), a defendant must prove that “there is […]
Over two dissents, the Fourth Department reversed the grant of suppression by County Court. The questioning of the defendant was instigated by the defendant’s staring at the officer as the officer was in his vehicle and the defendant was riding a bicycle. The defendant ran his bicycle into a porch, fell and ran up the […]
The Fourth Department (over two dissents) reversed defendant’s conviction and ordered a new trial because the defense was precluded from calling a witness. The prosecution’s theory was that the defendant committed robbery, assault and burglary against the victim in retaliation for the victim’s informing the police defendant was growing marijuana in his house. It was […]
As a sex offender (respondent) neared the end of his state sentence, the state (petitioner) sought a proceeding under article 10 of the Mental Hygiene Law alleging the respondent was a dangerous sex offender requiring civil management. However, the respondent was also serving a federal sentence and would not be released for another 19 years. […]
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