The First Department determined defendant had been deprived of his constitutional rights when the trial court failed to conduct a “dispassionate inquiry” in response to defendant’s repeated requests to proceed pro se: A criminal defendant’s right to represent himself is a fundamental right guaranteed by both the federal and state constitutions. “[F]orcing a lawyer upon […]
The First Department determined the impeachment of the defendant with a statement made by the defendant’s attorney at arraignment was proper: The court properly admitted a statement made at arraignment by defendant’s counsel, who was also trial counsel, to impeach defendant after he testified to a different version of the events … At the arraignment, […]
Plaintiff was injured when he fell on a “float stage” which was used to transport workers and materials on navigable waters. The First Department discussed the interplay between the Labor Law (elevation-related fall) and the Longshore Workers’ Compensation Act: Since the accident in which plaintiff Joseph Pipia (hereinafter plaintiff) was injured occurred in navigable waters, […]
In a full-fledged opinion by Justice Renwick, with a concurring opinion by Justice DeGrasse, the First Department determined that arbitration could not be compelled in the absence of a specific, written agreement and a fraud cause of action against Goldman Sachs based upon the sale of mortgage-backed securities to the plaintiff hedge fund could go […]
The Third Department determined that consecutive sentences could not be imposed for the downloading of child pornography without specific reference to the date and time of each download: Consecutive sentences are authorized when “‘the facts demonstrate that the defendant’s acts underlying the crimes are separate and distinct’” … . The determination as to whether defendant […]
In a full-fledged opinion by Justice Cohen, the Second Department determined that parolees are “in custody” within the meaning of the 2011 amendments to the Drug Law Reform Act and, therefore, parolees may move for resentencing under the act: In 2011, a New York State budget enactment consolidated and modernized several state agencies and created […]
The Second Department determined plaintiff’s complaint was properly dismissed because the accident was caused by plaintiff’s failure to see what he should have seen. Plaintiff’s vehicle struck a garbage truck which was stopped partially in the roadway: Although the issue of proximate cause is generally one for the jury …, liability may not be imposed […]
The Second Department determined the doctrine of collateral estoppel applied where the issues raised in a civil suit, based upon allegations of sexual abuse to which the defendant pled guilty, were identical to the offenses described in the plea transcript. The doctrine, however, did not apply to the civil allegation of rape because the defendant […]
The Second Department determined that the petitioners had standing to challenge the planning commission’s determination that the respondents should be granted a hardship waiver (Environmental Conservation Law 57-0121(10)) to continue a commercial landscaping and horticultural services business in a preservation area (Long Island Central Pine Barrens). Richard Amper, in his capacity as Executive Director of […]
The Second Department determined that Supreme Court should not have dismissed causes of action against a restaurant and a valet parking service. Plaintiff’s decedent was struck and killed as she attempted to cross the street when defendant driver passed cars double-parked in front of the restaurant: ” There can be more than one proximate cause […]
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