The plaintiff had conveyed her 25% interest in real property to her cousin, allegedly with the understanding plaintiff would share in the proceeds if the property were sold. Eventually the cousin was deeded 100% of the property. The cousin lived on the property from 1989 to 2005. The cousin deeded the property to her brother […]
The plaintiff, a bus passenger, was injured when the bus stopped quickly and she fell to the floor. The Transit Authority moved for summary judgment under the emergency doctrine, submitting evidence the bus driver stopped to avoid a collision with a car that cut in front of the bus. In granting summary judgment, the Second […]
In finding that a defendant need not be informed at sentencing of the consequences of violating postrelease supervision, the Court of Appeals, in a full-fledged opinion by Judge Read, explained: We have repeatedly held that a trial court “must advise a defendant of the direct consequences of [a] plea,” but “has no obligation to explain […]
An attorney who participated in Onondaga County’s Assigned Counsel Program (ACP) sued the county and the program for money damages, claiming he was entitled to more pay for the legal work he had done, and for a declaratory judgment finding that the AVP manual was a nullity because the regulations in the manual usurped the […]
The Court of Appeals, in a full-fledged opinion by Judge Pigott, held that there is a rebuttable presumption in favor of a child’s visitation with an incarcerated parent and that denial of such visitation must be supported by “substantial evidence.” In order to clarify the law in this area, the court explained: A rebuttable presumption […]
The question before the Court of Appeals was whether a judgment creditor, pursuant to CPLR 5225, can obtain a turnover order against a bank to garnish the assets held by the bank’s foreign subsidiary. The plaintiff in this case, the Commonwealth of the Northern Mariana Islands, obtained two tax judgments against the tax debtors (the […]
The First Department reinstated a verdict in favor of police officers who were injured in the course of making as arrest in a subway station. As the officer chased the suspect, he asked a New York City Transit Authority employee to call for police back up. The theory of the case was that the employee […]
The First Department determined a motion to set aside a verdict in a negligent design case was properly denied. The jury found the car manufacture negligent in not installing a device (starter interlock device) such that the car (1987) car could not be started when it was in gear. The First Department wrote: The trial […]
As the Court of Appeals explained, in a full-fledged opinion by Judge Graffeo, the issue and ruling: “The primary issue in each of these buy-and-bust cases is whether the trial court properly closed the courtroom to the general public during the testimony of undercover officers. We conclude that the limited closures comported with Sixth Amendment […]
In upholding the limits the trial court placed upon the cross-examination of a witness concerning the witness’ mental health history, the Fourth Department wrote: A defendant may question a witness about his or her mental health or psychiatric history upon a showing that the witness’s “capacity to perceive and recall events was impaired by a […]
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