“The protection against lawsuits brought by injured workers that is afforded to employers by Workers’ Compensation Law [sections] 22 and 29(6) also extends to entities that are alter egos of the entity which employs the plaintiff …”. Quizhpe vs Luvin Construction Corp., 2012-01175, Index No. 21761/06 Second Dept. 2-6-13
In a full-fledged opinion by Justice Austin, the First Department determined, as a case of first impression, an adopted child of the decedent should share in trusts created by the decedent even though the decedent’s wife surrendered the child for a second adoption eight years after the adoptive father’s death and the admission of his […]
In a Freedom of Information Law (FOIL) case brought by the New York Times against the City of New York Police Department, the First Department determined several important procedural aspects of a FOIL request including the proper vehicle to address an untimely response or ruling (Article 78), the proper vehicle for hybrid FOIL and declaratory […]
In reversing a SORA determination, the Fourth Department determined that the SORA court did not make a “searching inquiry” to make sure the defendant’s decision to proceed with the SORA hearing without an attorney was knowing, intelligent and voluntary. “The requisite inquiry ‘should affirmatively disclose that a trial court has delved into a defendant’s age, […]
A City of Syracuse police detective was assigned to a security detail for a college athletic event. The detective saw codefendant walk toward the gymnasium, turn around and walk back the way he came. The detective followed the codefendant to a car. The detective then approached the codefendant and asked to speak with him. Defendant, […]
In affirming a rape conviction, the Fourth Department noted it was not necessary to apply the “prompt outcry” hearsay exception to the victim’s testimony about her own out-of-court statements because the statements were not hearsay. People v Curran, 1323, KA 08-01510 Fourth Dept. 2-1-13
Defendant went to trial before he pled guilty. On appeal he argued the court erred in admitting recorded conversations. The Fourth Department determined, by pleading guilty, the defendant forfeited his right to seek review of any nonjurisdictional defects in the proceedings, including issues arising from an audibility hearing and evidentiary rulings during trial. People vs […]
Flight was not sufficient to justify police pursuit. A police officer had been shot in the afternoon. About eight hours after the shooting, uniformed officers approached the defendant as he was walking within a block or two of where the shooting occurred. The defendant said “What, we can’t go to the store?” turned his back, […]
The prosecutor’s violation of the trial court’s Sandoval ruling required reversal and new trial. Defendant was charged with rape. Prior to trial defendant sought a Sandoval ruling that he could not be cross-examined about a nine-year-old conviction for sexual abuse. The trial court ruled the defendant could not be cross-examined about the sexual abuse conviction […]
Request for a missing witness jury instruction must be made when it is learned the witness will not be called, not after the close of proof. Midstate Mutual Insurance Co vs Camp Road Transmission, Inc., 1462, CA 12-00961 Fourth Dept. 2-1-13
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