The Fourth Department, over an extensive two-justice dissent, determined the false arrest and false imprisonment action was properly dismissed after a defense verdict at trial. The police were informed that plaintiff, who was walking away, was involved in an altercation. The officer stood in front of plaintiff to inquire. The plaintiff did not respond and […]
The Third Department, withholding a decision on the merits of the SORA risk-level determination by County Court until the People enter and serve an appealable order, in a full-fledged opinion by Justice Garry, explained the “appealable order” requirements for SORA proceedings: Despite the statutory requirement that the court render a written SORA “order setting forth […]
The Fourth Department, reversing defendant’s conviction, determined the for cause challenge to a juror who said he would tend to believe the testimony of police officers should have been granted, despite the assurances elicited by the judge: … [T]he statement of the prospective juror during voir dire with respect to the credibility of the testimony […]
The Fourth Department, vacating defendant’s guilty plea in the interest of justice, determined the judge’s threat to impose a much harsher sentence if the defendant were to be convicted at trial amounted to coercion: During a court appearance at which County Court extended a plea offer that called for an aggregate sentence of 15 years […]
The Third Department, in a full-fledged opinion by Justice Garry, explained the differences between damages available for the private right of action against residential health care facilities under the Public Health Law, and the damages available for wrongful death under the Estates, Powers and Trusts Law (EPTL). (1) Public Health Law 2801-d encompasses compensatory and […]
The Fourth Department, reversing (modifying) Supreme Court, determined the calculation of the arrearages for plaintiff’s potion of defendant’s pension was restricted by the six-year statute of limitations for contact actions. The stipulation of settlement, which is the basis for plaintiff’s right to a portion of the pension, was incorporated, but not merged, into the judgment […]
The Second Department, reversing Supreme Court, determined there was a question of fact whether defendant had constructive notice of a recurring condition, i.e., windows in need repair in defendant’s (Luna’s) building. Plaintiff alleged a cracked window shattered, injuring her hand: Luna’s submissions, which included a transcript of the deposition testimony of its building superintendent, failed […]
The Second Department determined defendant’s former appellate counsel was ineffective for not arguing defendant’s trial counsel was ineffective for failing to move to dismiss the misdemeanor endangering-the-welfare-of-child charges were time-barred. Therefore the writ of coram nobis was granted and the relevant counts were vacated: The misdemeanors of which the defendant was convicted, two counts of […]
The Second Department, reversing defendant’s conviction and ordering a new trial, determined for cause challenges to three jurors should have been granted: One of the three prospective jurors demonstrated that he would give more credence to a police officer testifying than to a civilian witness, and the court failed to elicit an unequivocal assurance that […]
The Second Department, in a full-fledged opinion by Justice Connelly, in a matter of first impression, determined CPLR 213-b(1) does not extend the statute of limitations for civil actions against someone “convicted of a crime” where that person has been adjudicated a youthful offender. Here plaintiff, Anthony Pitt, was accused of rape by Ericka Feagles. […]
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