The Second Department, reducing defendant’s risk assessment to level one, determined the proof of multiple instances of sexual contact was insufficient: … [T]he People failed to meet their burden of proof with respect to risk factor 4. Although the People submitted evidence, in the form of the defendant’s statements, that he engaged in sexual contact […]
The Second Department, reversing Supreme Court, determined defendant property-owner’s (Colonial’s) motion for summary judgment should not have been granted in this ice-on-sidewalk slip and fall case: “To meet its initial burden on the issue of lack of constructive notice, [a] defendant must offer some evidence as to when the area in question was last cleaned or […]
The Second Department, reversing defendant’s conviction and ordering a new trial, determined the photographs of the complainant’s genitals and anus were irrelevant and should not have been admitted in this sex-offense case. In addition, the court criticized the prosecutor’s remarks in summation (unpreserved errors): “Photographic evidence should be excluded only if its sole purpose is […]
The Second Department, remitting the matter for a reopened suppression hearing, determined the hearing was warranted by new information that the stop of defendant’s vehicle may have been based on information from an anonymous source. The defendant had already been convicted of attempted robbery twice after a reversal: We agree with the defendant that the […]
The First Department, reversing Supreme Court, determined New York did not have the authority to decide issues affecting title to real property in another state, here Tennessee: Plaintiff financed its purchase of the property in 2007 with a note secured by a deed of trust. In 2015, plaintiff and defendant trustee entered into a loan […]
The First Department, reversing Supreme Court, determined the hospital’s motion to dismiss the conscious pain and suffering claim should not have been granted. Plaintiff’s decedent was in a vegetative state, but there was evidence she was aware of pain: … [A]lthough she was in a vegetative state, the decedent was generally responsive to pain, and […]
The First Department, in a matter of first impression, held that respondent in this custody proceeding was properly considered to be a parent for the narrow purpose of awarding attorney’s fees to be paid by the “more monied” party pursuant to Domestic Relations Law 237. The issue whether respondent has standing to assert parental rights […]
The Court of Appeals, in a brief memorandum, over a three-judge partial dissent, determined the trial court properly handled a for cause challenge to a prospective juror: The trial court did not abuse its discretion in denying defendant’s challenge for cause to a prospective juror pursuant to CPL 270 (1) (b). When defense counsel directly […]
The Court of Appeals, over an extensive dissenting opinion, held, in a brief memorandum, that the claims were timely asserted in a complaint which was filed but never served. The amended complaint included the same claims. Therefore the relation-back doctrine did not apply. The claims should not have been dismissed under CPLR 306-b because the […]
The Court of Appeals, in a full-fledged opinion by Judge Fahey, determined that the Comptroller of the State of New York, in auditing private health care providers, has the power to subpoena medical records without patient authorizations: The Comptroller of the State of New York has a constitutional and statutory duty to audit payments of […]
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