The Second Department determined that the police officer’s warrantless entry into defendant’s backyard constituted a search because the defendant had an expectation of privacy there. The fact that the officer was aware of an apparently false report of a fire in the area did not justify the application of the emergency doctrine (also analyzed in […]
The Second Department reversed Supreme Court and dismissed a lawsuit stemming from plaintiff’s decedent’s fall from a subway platform to the tracks below. The court explained the negligence criteria with respect to the crowd on a subway platform: “A subway company is not negligent merely because it permits crowds to gather on its platform. Before […]
The Second Department concluded that the plaintiffs, who were seeking to effect a development plan under less restrictive R-3 zoning regulations, did not have a “vested right” in the plan such that the plan could be carried out after the area was rezoned to implement the more restrictive R-1 zoning regulations. Plaintiffs had negotiated a […]
The First Department determined that the court-ordered deadline for bringing a summary judgment motion could not be modified absent good cause, even though the court-ordered deadline shortened the statutory 120 period: As the Court of Appeals has repeatedly reiterated, court-ordered time frames are requirements to be taken seriously by the parties … . Contrary to […]
In a full-fledged opinion by Justice Renwick, the First Department determined the plaintiffs, food and beverages servers at Madison Square Garden, had stated a cause of action against the defendant Garden under Labor Law 196-d. The plaintiffs alleged the Garden was not distributing to the plaintiffs all the “service charges” paid by customers who were […]
In a juvenile delinquency proceeding, the First Department, over a dissent, determined the appellant should have been granted an adjournment of contemplation of dismissal (ACD) as the appropriate least restrictive disposition of the case: …[W]e conclude that an adjournment in contemplation of dismissal (ACD) would have been the least restrictive dispositional alternative consistent with appellant’s […]
The Fourth Department determined the trial court did not consider whether the defendant should be adjudicated a youthful offender and sent the matter back: At sentencing, defense counsel made several applications for defendant to be treated as a youthful offender, but the court did not expressly rule on them; instead, the court imposed a sentence […]
The Fourth Department determined the prosecution’s failure to turn over Brady material (911 tape recording) until the day of trial required reversal: “To establish a Brady violation, a defendant must show that (1) the evidence is favorable to the defendant because it is either exculpatory or impeaching in nature; (2) the evidence was suppressed by […]
The Fourth Department, after explaining the criteria for setting aside a verdict, ruled the trial court had properly set aside the verdict in this case due to the trial court’s own erroneous denial of defendant’s request for an adjournment to seek new counsel: “Pursuant to CPL 330.30 (1), following the issuance of a verdict and […]
In a lead-paint poisoning case, the Fourth Department determined that the trial court’s denial of plaintiff’s motion to preclude the defendant from “claiming socioeconomic, genetic, eugenic or euthenics alternative and/or negating cause[s]” was not appealable. But Justice Fahey made it clear in a concurring opinion that the eugenics argument should be rejected. In addition the […]
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