The Third Department determined that plaintiff was not required to provide an itemized list of labor and materials to substantiate its claim under the Lien Law (mechanic’s lien). The lienor need only supply an itemized list when itemization is necessary to apprise the owner of the details of the lienor’s claim. Here there was a […]
A leased vehicle was damaged by hail and the lessee brought the car to respondent’s garage for repairs. When no one picked up the car or paid for the repairs, the garage served a garagekeeper’s lien on the owner (lessor) of the vehicle. The Third Department determined the lien was not effective against the owner, […]
The Third Department determined Family Court erred in modifying child support based upon the father’s income having increased by 15%. The 2008 child support order at issue pre-dated the 2010 effective date of the “15% increase” statutory amendment and the order was not merged with the 2012 judgment of divorce: Family Court erred in finding […]
In a full-fledged opinion by Justice Freedman, the First Department determined a tenured teacher could not be compelled to testify in the New York City School District’s “Special Commission of Investigation” (SCI) proceeding. The testimony would be admissible in a Department of Education (DOE) disciplinary hearing. Education Law 3020(1) and 3020-a provides that tenured employees […]
In a full-fledged opinion by Judge Lippman, the Court of Appeals determined the language used in successive collective bargaining agreements established a vested right to a continuation of the same health coverage in effect at the time of an employee’s retirement: We hold that the contracts establish a vested right to a continuation of the […]
In a full-fledged opinion by Judge Smith, the Court of Appeals reversed defendant’s conviction because the trial judge refused to permit defense counsel to refresh a witness’s recollection with the witness’s prior statement. Defendant had the victim in a headlock during a fight. The victim subsequently died. A central issue at trial was how long […]
In a full-fledged opinion by Judge Rivera, the Court of Appeals determined Penal Law 70.85 is constitutional. Section 70.85 allows the resentencing of a defendant who was not informed about post-release supervision to a sentence that does not include post-release supervision. The statute was enacted to provide a remedy, other than vacation of the guilty […]
In a full-fledged opinion by Judge Read, over a dissent, the Court of Appeals determined the defendant was properly resentenced even though the sentence imposed was technically different from the sentence agreed to in the plea bargain. The defendant had agreed to a sentence of 25 years and five years for the two crimes, with […]
In a full-fledged opinion by Judge Graffeo, the Court of Appeals reversed two convictions because the defendant entered a guilty plea and was immediately sentenced without any discussion of the “Boykin” rights waived by the plea (trial by jury, confront accusers, avoid self-incrimination). The court determined that, under the facts, it was not possible or […]
The Court of Appeals determined defendant was entitled to a hearing on his motion to vacate his conviction. Defendant’s attorney was the subject of a criminal investigation by the district attorney’s office during defendant’s trial. The investigation of the attorney was not related to the charges against the defendant. Therefore an automatic reversal was not […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy