The Court of Appeals, in a full-fledged opinion by Judge Garcia, determined only one SORA risk assessment proceeding should have been held. Defendant had simultaneously pled guilty to crimes committed in two counties. All of the crimes were taken into consideration in the first SORA assessment proceeding: Where, as here, a single RAI [risk assessment instrument] […]
The Court of Appeals, in a full-fledged opinion by Judge Abdus-Salaam, over a three-judge dissenting opinion, reversing the Appellate Division, determined the trial court properly charged the initial aggressor exception to the justification defense in this homicide case. The evidence was not clear about the timing, but the victim (McWillis) pursued the defendant with a […]
The Court of Appeals determined the trial court properly refused to charge the jury with the justification defense in this assault case: Contrary to defendant’s contention, the trial court properly refused to instruct the jury on the defense of justification. Viewing the record in the light most favorable to defendant, as we must … , we […]
The Court of Appeals, in a full-fledged opinion by Judge Klein, determined there was sufficient evidence the burglary and murder were separate acts to justify consecutive sentences. The defendant was charged with breaking and entering his girlfriend’s home, dragging her downstairs and then murdering her: “By definition, the act of causing death is subsumed within […]
The Second Department noted that New York does not recognize an action for negligent assault. Plaintiff’s intentional tort causes stemming from an arrest by a security guard were dismissed as time-barred. Plaintiff then brought suit under a negligence theory: “[U]nder New York’s transactional analysis approach to res judicata, once a claim is brought to a […]
The Second Department determined defendants should have been sanctioned for not preserving a videotape which allegedly showed plaintiff deliberately allowing a car to run over her toes. Plaintiff had not asked that the videotape be preserved. The Second Department determined the appropriate sanction is to prohibit the defendants from introducing any evidence of the contents of the […]
The Second Department determined the state did not have actual or constructive notice that a light pole was rotten. Claimant was injured when his vehicle struck a downed pole. The rot was not visible above ground. Evidence that rot was visible on other poles did not provide adequate notice: Here, the Court of Claims correctly […]
The Second Department determined the foot of a decorative fence over which plaintiff tripped was open and obvious as a matter of law and not actionable: While a landowner has a duty to maintain its premises in a reasonably safe condition … , “there is no duty to protect or warn against an open and […]
The Second Department, reversing Supreme Court, determined plaintiff had raised a question of fact in this slip and fall case. Although there was a storm in progress, defendant’s snow removal efforts may have exacerbated the ice condition (facts not described in decision): Here, in support of its motion, the defendant established its prima facie entitlement […]
The Second Department determined a 19-year-old notice of claim did not meet the written notice requirement for a sidewalk defect in this slip and fall case: “Administrative Code of the City of New York § 7-201(c) limits the City’s duty of care over municipal streets and sidewalks by imposing liability only for those defects or […]
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