Summaries of More than 12,000 Decisions Released Since January 2013 by All Four Departments of the Appellate Division and the Court of Appeals in an Organized, Searchable, Continuously Updated Database
Check Out the First Two “Targeted Research” Pamphlets Comprised Entirely of Decision-Summaries in the New York Appellate Digest Database. The “Condition vs Cause” Pamphlet Explains the Crucial Difference Between “Furnishing the Condition” for an Accident and “Proximately Causing” the Accident. The “Conform Pleadings to Proof” Pamphlet Lays Out the Criteria for Conforming the Pleadings to Reflect the Trial Evidence. Click on the Links Below.
“Condition” vs “Cause;” Targeted Research in Negligence
“Conform Pleadings to Proof;” Targeted Research in Civil Procedure
1/2 to 1 Credit-Hour “Monthly Update” CLE Courses for Negligence, Civil Procedure, and Criminal Law Covering January 2019 through September 2020 (63 Courses So Far). Three New Courses Are Created Each Month. All 63 Courses Are Accessed from the “CLE Courses” Tab in the Top Menu.
Organized Monthly Compilations of the Civil Procedure, Negligence and Criminal Law Decision-Summaries. The Table of Contents Entries Link to the Summaries Which Link to the Decisions on the Official New York Courts Website. The Most Recent Pamphlets Are Accessed from the Panels Below. The Archive of Pamphlets Going Back to January 2019 Is Accessed Through the “Update Service” (Top Menu).
Monthly Negligence, Civil Procedure and Criminal Law “Practice Newsletters” Distill a Month’s Worth Decisions to their Essence, a Practice-Focused Sentence or Two for Each. The “Practice Newsletters” Can Be Accessed from the Panel Below. Check Out this Video Version of the “September 2020 Criminal Law Practice Newsletter” Which Has Been Posted on the New York Prosecutors Training Institute Website.
Clicking On Any Category and/or Court in the Drop-Down Menu of the Search Panel on the Right Side of Every Page Instantly Calls Up All the Summaries In that Category and/or From that Court, Most Recent First.
The October Decisions Distilled to Their Essence
October 2020 Negligence Practice Newsletter
An Organized Compilation of the Summaries of Negligence-Related Decisions Posted in October 2020
Click on the Link Below
For All Other 2019/2020 Negligence Pamphlets Click on “Update Service” in the Top Menu
An Organized Compilation of the Summaries of the Civil-Procedure-Related Decisions Posted in October 2020
Click on the Link Below
For All Other 2019/2020 Civil Procedure Pamphlets Click on “Update Service” in the Top Menu
An Organized Compilation of the Summaries of Criminal-Law-Related Decisions Posted in October 2020
Click on the Link Below
For All Other 2019/2020 Criminal Law Pamphlets Click on “Update Service” in the Top Menu
Checklists for Case Preparation
The content of the smaller categories can serve as checklists for the preparation of a case. If you are bringing a Medical Malpractice case, for example, why not browse through all of the decision-summaries in that category before you interview your client? In a few minutes you can survey all the Medical Malpractice issues which have made it to the appellate courts since 2013. You may be able to avoid mistakes made by others. If you are bringing a construction-accident case, browse through the Labor Law-Construction Law category. The hidden pitfalls in that area of the law will surprise you. There are many smaller categories which can be used to jump-start the initial preparation of a case.
There are only three categories which are too large to browse: Negligence, Civil Procedure and Criminal Law. By getting comfortable with the Search function, even these larger categories can serve as “checklists” for case preparation.
To Keep Up With the Most Recent Decisions
Note: Before Relying On Any Decision Summarized on this Site, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” Below.
The summaries of the decisions released the week before are here on the Home Page, organized by release date (not legal category) with the most recent releases first. For readers who like to browse through all of last week’s decision-summaries in one place, the “Latest Posts” section (below) provides that service.
The Search Function allows the reader to zero in on the most recent decision-summaries in specific categories. Click on the “All Categories” line in the search panel on the right side of the page to reveal the drop-down menu. Choose a category from the drop-down menu and click on “Search.” All the decision-summaries in that category will come up (going back to January 1, 2013), the most recent first.
Similarly, just clicking on any category in the footer at the bottom of every page will bring up the all the decision-summaries in that category, the most recent first (an alternative to using the search panel for this purpose).
For the latest decision-summaries in all categories from a specific court, choose “All Categories” in the first line of the search panel (on the right), choose the court from the menu, and click on “Search.” To select multiple courts, hold the “Ctrl” key down and click on the courts. To de-select a selected court, hold the “Ctrl” key down and click on it.
For the latest decision-summaries in a specific legal category and from a specific court choose a category from the drop-down menu in the search panel, choose the court from the menu, and click on “Search.” To select multiple courts, hold the “Ctrl” key down and click on the courts. To de-select a selected court, hold the “Ctrl” key down and click on it.
Click on “Just Released” for more instructions on how to search for the most recent decisions.
Year in Review--Create Personalized Updates
Note: Before Relying On Any Decision Summarized on this Site, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” Below.
The search function can be used to get caught up on what all the courts have ruled on so far this year, or what any specific court has ruled on so far this year, or what any court has ruled on during any time period, going back weeks, months or years. Just add the “start” and “end” dates to your searches (the third and fourth lines in the search panel on the right side of the page).
In the posts “Just Released,” “Streamlined Research” and “Update Service,” how to do (1) searches in all legal categories, (2) searches in specific categories, (3) searches using keywords and phrases, and (4) searches confined to specific courts, is explained in some detail. Use the “start” and “end” date criteria to confine any of those types of searches to a specific time period.
If, for example, you want to see what the Fourth Department has addressed in the category “Criminal Law” in 2019, click on “Criminal Law” in the drop-down menu in the search panel (revealed when you click on “All Categories”), choose January 1, 2019, as the start date, choose December 31, 2019, as the end date, click on “Fourth Department” in the search panel menu and click on “Search.”
If you want to see what the Court of Appeals ruled on last year in all categories, leave “All Categories” in the top line of the search panel, choose January 1, 2019, for the start date and December 31, 2019 for the end date, click on “Court of Appeals” in the search panel menu and click on “Search.”
Any type of search can be confined to any specific time period between January 1, 2013, and today.
For more on this “personalized update service” capability, click on “Update Service.”
Streamlined Research---Decisions Already Analyzed, Issues Already Identified, Before You Search
Note: Before Relying On Any Decision Summarized on this Site, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” Below.
The New York Appellate Division database is comprised of over 10,000 summaries of selected decisions released since January, 2013, by all four departments of the Appellate Division and the Court of Appeals. All areas of the law addressed by the courts are covered, from Administrative Law to Zoning. See the drop-down menu in the search panel on the right side of every page (revealed by clicking on “All Categories”) or the footer on every page for the complete list of covered legal categories.
The database is unique among case-law databases because the decisions have already been selected for their instructive value, studied and analyzed. The summaries of the decisions that make up this database have already been organized and placed in all relevant legal categories. The issues in each decision have already been identified and described in the headings of the summaries. The most instructive portions of the decisions have already been located and are directly quoted in the summaries. Much of the work that ordinarily goes into case-law research has been done before you click on the “Search” button.
Because all the decision-summaries have been organized by linking each one to all relevant legal categories, searches are focused, fast and efficient. Choosing the right category and/or searching for a single strong keyword or a strong phrase (in the “Search by Keywords” line of the search panel) is often enough to bring up most or all of the summaries on that specific topic.
The time it takes to sort through search results, eliminate the irrelevant, and collect the relevant, is drastically reduced because the concise summary-headings describe the issues addressed by each decision.
For instructions on how to use the site as an up-to-date research tool click on “Just Released,” “Update Service,” and “Streamlined Research.”
The Database at a Glance; Single Page Descriptions of the Covered Topics Help Focus Your Searches
Note: Before Relying On Any Decision Summarized on this Site, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” Below.
Since January, 2013, without interruption, I have been sifting through all the Appellate Division and Court of Appeals decisions released each week, choosing the most instructive for inclusion in the New York Appellate Digest database.
With only two narrow exceptions (attorney-grievance decisions, and no-fault serious-injury decisions) every area of the law addressed by our appellate courts over the past six years or so is covered in the New York Appellate Digest database (see the footer for the list of covered categories). It is now rare for a completely new or novel legal issue to come up, an indication the 10,000 decision-summaries present a fairly complete picture of the law of New York.
The key to finding what you are looking for in the database is choosing the most relevant legal categories and the best keywords or phrases for database searches. For the basics on searches click on “Just Released,” “Update Service,” and “Streamlined Research.”
The pages linked to below are offered to provide some idea of the depth of coverage in the database of specific areas of the law and may therefore help in choosing the best categories and keywords for a database search.
Shepardize
When a decision is reversed, modified, remitted, reargued, overruled, etc., the summary of any related decision already in the New York Appellate Digest database is NOT flagged.
I have made an effort to summarize every substantive Court of Appeals decision released since January 2013, and every reversal by the Court of Appeals, even if the reversal-decision is not substantive. So a “post-January, 2013” reversal of an Appellate Division decision should be in the “Court of Appeals” portion of the New York Appellate Digest database. Bear in mind, however, a single Court of Appeals decision may reverse more than lower-court decision. Therefore a Court of Appeals citation in the New York Appellate Digest database may not include all parties affected by a reversal.
The database may not include every reversal by the Court of Appeals (I don’t think I missed any, but …). In addition, a reversal is not the only way a decision can be rendered obsolete. Court of Appeals and Appellate Division decisions may be overruled by the United States Supreme Court (i.e., the Supreme Court’s warrant-requirement for cell-phone-location records). Decisions at both the Court of Appeals and Appellate Division levels sometimes indicate prior contrary rulings should not be followed. One Appellate Division department may expressly disagree with rulings on the same issue made in other departments. Decisions may subsequently be reargued, or remitted before or after appeal, leading to a different result. It is certainly possible that not every decision stemming from the same proceeding has been included in the New York Appellate Digest database.
Therefore, before relying on any decision summarized here, make sure it is good law using the method you trust for that purpose.
Use "PDF Friendly Version" or "Print Friendly Version" to Download or Print a Search-Result
Note: Before Relying On Any Decision Summarized on this Site, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” Above.
You can easily download or print your search results:
At the top of any “Search Results” page you will see a “PDF” icon and the phrase “PDF Friendly Version” as well as a “printer” icon and the phrase “Print Friendly Version.” A search-result can be downloaded to your computer by clicking on “PDF Friendly Version,” or printed out by clicking on “Print Friendly Version.” The downloaded or printed document will include all the decision-summaries on the website page. If necessary, you can increase the number of summaries on the page (so the entire search-result will be in a single downloaded or printed document) by clicking on the “Results Per Page” line of the search panel. The links to the full decisions remain live in a downloaded document. If a search is properly focused, the search-result document functions as a memorandum of law.
You may notice “index entries” that were, in the past, included at the end of each decision-summary (to facilitate creating an index for the older issues of the New York Appellate Digest) are visible in the “PDF Friendly Version” and the “Print Friendly Version” (they are not visible on the website pages).
Pamphlet Service---Negligence, Criminal Law, Civil Procedure, Labor Law-Construction Law, Court of Appeals, Foreclosure
Note: Before Relying On Any Decision Summarized on this Site, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” Above.
Using the search panel or the footer, you can call up the most recent decision-summaries in any legal category simply by clicking on the category in the drop-down menu (revealed by clicking on “All Categories”) or by clicking on the category in the footer. As an aid in reviewing the recent decision-summaries in the more heavily-populated categories, the following pamphlets are offered. A quick review of the issues is facilitated by the Table of Contents in each pamphlet.
“Negligence” Pamphlets—January 2019—September 2020
Some legal categories generate many more decisions in a given month than others. “Negligence” is one of them. To facilitate an overview of the “Negligence” decisions released every month use the “Pamphlet Service.” The January 2019 through September 2020 “Negligence” pamphlets (linked to below) collect all the decision-summaries in the “Negligence” category posted on this site in each of those months. The “Table of Contents” lists all the issues addressed by the “Negligence” summaries and each “Table of Contents” entry links to the decision-summary, which in turn links to the full decision on the New York State Law Reporting Bureau website. To return to the “Table of Contents” from the body of the pamphlet, just click on “Table of Contents” in the header. Any decision-summaries in this category posted after September 2020 will come up simply by clicking on “Negligence” in the search panel or the footer.
Revised Negligence Pamphlet January 2019
Revised Negligence Pamphlet February 2019
Revised Negligence Pamphlet March 2019
Revised Negligence Pamphlet April 2019
Revised Negligence Pamphlet May 2019
Revised Negligence Pamphlet June 2019
Revised Negligence Pamphlet July 2019
Revised Negligence Pamphlet August 2019
Revised Negligence Pamphlet September 2019
Revised Negligence Pamphlet October 2019
Revised Negligence Pamphlet November 2019
Revised Negligence Pamphlet December 2019
Revised Negligence Pamphlet January 2020
Revised Negligence Pamphlet February 2020
Revised Negligence Pamphlet March 2020
Revised Negligence Pamphlet April 2020
Revised Negligence Pamphlet May 2020
Revised Negligence Pamphlet June 2020
Revised Negligence Pamphlet July 2020
Revised Negligence Pamphlet August 2020
Revised Negligence Pamphlet September 2020
“Criminal Law” Pamphlets—January 2019—September 2020
Another heavily populated legal category is “Criminal Law.” All of the “Criminal Law” decision-summaries posted January 2019 through September 2020, are collected in the pamphlets linked to below. The entries in the “Table of Contents” link to the decision-summaries, which link to the full decisions on the New York State Law Reporting Bureau website. To return to the “Table of Contents” from the body of the “Criminal Law” pamphlet, click on “Table of Contents” in the header. Any decision-summaries in this category posted after September 2020 will come up simply by clicking on “Criminal Law” in the search panel or the footer.
Revised Criminal Law Pamphlet January 2019
Revised Criminal Law Pamphlet February 2019
Revised Criminal Law Pamphlet March 2019
Revised Criminal Law Pamphlet April 2019
Revised Criminal Law Pamphlet May 2019
Revised Criminal Law Pamphlet June 2019
Revised Criminal Law Pamphlet July 2019
Revised Criminal Law Pamphlet August 2019
Revised Criminal Law Pamphlet September 2019
Revised Criminal Law Pamphlet October 2019
Revised Criminal Law Pamphlet November 2019
Revised Criminal Law Pamphlet December 2019
Revised Criminal Law Pamphlet January 2020
Revised Criminal Law Pamphlet February 2020
Revised Criminal Law Pamphlet March 2020
Revised Criminal Law Pamphlet April 2020
Revised Criminal Law Pamphlet May 2020
Revised Criminal Law Pamphlet June 2020
Revised Criminal Law Pamphlet July 2020
Revised Criminal Law Pamphlet August 2020
Revised Criminal Law Pamphlet September 2020
“Civil Procedure” Pamphlets—January 2019—September 2020
“Civil Procedure” is a pervasive legal category, in part because most civil cases reach the Appellate Division based upon motion practice (motions to dismiss, motions for summary judgment, etc.). The “Table of Contents” in the “Civil Procedure” pamphlets linked to below facilitates a quick review of the “Civil Procedure” issues addressed by our appellate courts January 2019 through September 2020. Any decision-summaries in this category posted after September 2020 will come up simply by clicking on “Civil Procedure” in the search panel or the footer.
Revised Civil Procedure Pamphlet January 2019
Revised Civil Procedure Pamphlet February 2019
Revised Civil Procedure Pamphlet March 2019
Revised Civil Procedure Pamphlet April 2019
Revised Civil Procedure Pamphlet May 2019
Revised Civil Procedure Pamphlet June 2019
Revised Civil Procedure Pamphlet July 2019
Revised Civil Procedure Pamphlet August 2019
Revised Civil Procedure Pamphlet September 2019
Revised Civil Procedure Pamphlet October 2019
Revised Civil Procedure Pamphlet November 2019
Revised Civil Procedure Pamphlet December 2019
Revised Civil Procedure Pamphlet January 2020
Revised Civil Procedure Pamphlet February 2020
Revised Civil Procedure Pamphlet March 2020
Revised Civil Procedure Pamphlet April 2020
Revised Civil Procedure Pamphlet May 2020
Revised Civil Procedure Pamphlet June 2020
Revised Civil Procedure Pamphlet July 2020
Revised Civil Procedure Pamphlet August 2020
Revised Civil Procedure Pamphlet September 2020
“2019 Court of Appeals Update” Pamphlet—January 2019 – December 2019
The summaries of the decisions and opinions from the New York State Court of Appeals posted between January 1, 2019 and December 31, 2019 have been collected in an organized pamphlet. The “Table of Contents” facilitates a quick review of the issues dealt with by the Court of Appeals so far this year. The entries in the “Table of Contents” link to the decision-summaries. Click on “Table of Contents” in the header to return there. To keep up with the latest Court of Appeals decisions released after December 31 (as they are posted), simply type “CtApp” into the “Search by Keywords” line of the search panel and click on “Search.” The most recent Court of Appeals decision summaries will come up first.
Revised 2019 Court of Appeals Pamphlet
“2019 Labor Law-Construction Law Update” Pamphlet—January 1, 2019 – December 31, 2019
The “Labor Law-Construction Law” decision-summaries posted between January 1, 2019 and December 31, 2019, have been collected in a pamphlet. The “Table of Contents” in the “Labor Law-Construction Law” pamphlet linked to below facilitates a quick review of the issues raised in 2019. Any decision-summaries in this category posted since December 31, 2019 will come up simply by clicking on “Labor Law-Construction Law” in the search panel or the footer.
Revised 2019 Labor Law-Construction Law Update Pamphlet
“2019 Foreclosure Update” Pamphlet—January 1, 2019 – December 31, 2019
The “Foreclosure” decision-summaries posted between January 1, 2019 and December 31, 2019, have been collected in a pamphlet. The “Table of Contents” in the “Foreclosure” pamphlet linked to below facilitates a quick review of the issues raised in 2019. Any decision-summaries in this category posted since December 31, 2019 will come up simply by clicking on “Foreclosure” in the search panel or the footer.
Pamphlet Service Cont’d --- Criminal Evidence, Family Law, Sua Sponte, Real Estate Transactions
Note: Before Relying On Any Decision Summarized on this Site, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” Above.
“2020 Criminal Evidence Update”—January 1, 2020 – June 30, 2020
The “Criminal Evidence” decision-summaries posted between January 1, 2020 and June 30, 2020, have been collected in an update pamphlet. The “Table of Contents” in the “2020 Criminal Evidence Update” pamphlet linked to below facilitates a quick review of the issues raised so far in 2020. Any decision-summaries in the broader “Criminal Law” category posted since June 30, 2020 will come up simply by clicking on “Criminal Law” in the search panel or the footer.
“Family Law” Pamphlet—January 1, 2019 – December 31, 2019
The “Family Law” decision-summaries posted between January 1, 2019 and December 31, 2019, have been collected in a pamphlet. The “Table of Contents” in the “Family Law” pamphlet linked to below facilitates a quick review of the issues raised in 2019. Any decision-summaries in this category posted since December 31, 2019 will come up simply by clicking on “Family Law” in the search panel or the footer.
Revised 2019 Family Law Update Pamphlet
“Municipal Law” Pamphlet—January 1, 2019 – April 30, 2019
The “Municipal Law” decision-summaries posted between January 1, 2019 and April 30, 2019, have been collected in a pamphlet. The “Table of Contents” in the “Municipal Law ” pamphlet linked to below facilitates a quick review of the issues raised since the beginning of the year. Any decision-summaries in this category posted since April 30 will come up simply by clicking on “Municipal Law” in the search panel or the footer.
Municipal Law Pamphlet January – April 2019
2019 Sua Sponte “Judge, Can You Do That?” Compilation—January 1, 2019 – December 31, 2019
When can a judge rule on an issue not raised by a party? Or rule on an issue on which no evidence has been presented? Or cut off the presentation of evidence? Or ignore a prior order? The 2019 “Sua Sponte, ‘Judge, Can You Do That?’ ” compilation is a collection of summaries of appellate decisions on these topic,s civil and criminal, released in 2019.
Revised 2019 Sua Sponte “Judge Can You Do That?” Compilation
“Real Estate Transactions” Pamphlet—January 1, 2019-December 31, 2019
The “Real Estate Transactions” decision-summaries, primarily focusing on issues related to the buying and selling of residential properties, posted between January 1, 2019 and December 31, 2019, have been collected in an update pamphlet. The “Table of Contents,” organized by topic, facilitates a quick review of the issues raised in the New York State appellate courts in 2019. Any decision-summaries in this category posted after December 31, 2019 will come up simply by clicking on “Real Estate” in the search panel or the footer.
Use the Search Panel to Find the Most Recent Decisions in Any Category and from Any Court, for Instructions Click on “Just Released” in the Top Menu.
Note: Before Relying On Any Decision Summarized On This Site, Use the Method You Trust to “Shepardize” It. See the Discussion Under “Shepardize” in the “How to Use the New York Appellate Digest” Section Above.
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ALTHOUGH THIS MEDICAL MALPRACTICE ACTION WAS IMPROPERLY BROUGHT AS AN ORDER TO SHOW CAUSE AND PETITION, IT SHOULD NOT HAVE BEEN DISMISSED; RATHER IT SHOULD HAVE BEEN CONVERTED BY DEEMING THE ORDER TO SHOW CAUSE A SUMMONS AND THE PETITION A COMPLAINT; MATTER REMITTED (SECOND DEPT).
The Second Department, reversing Supreme Court, determined that the action should not have been dismissed because it was in the form of a proceeding rather than an action. Supreme Court should have converted the proceeding into the proper form: The petitioner commenced this purported proceeding by the filing of an order to show cause and […]
THE REGULATIONS WHICH PLACE A CAP ON THE NUMBER OF SERIOUSLY MENTALLY ILL PERSONS WHO CAN BE ADMITTED TO A LONG-TERM CARE FACILITY DO NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES (CT APP).
The Court of Appeals, in a full-fledged opinion by Judge Halligan, determined the regulations putting a cap on the number of seriously mentally ill persons who can be accepted by a long-term care facility did not facially discriminate against persons with disabilities: The State of New York’s Department of Health (DOH) licenses certain facilities known […]
HERE AN ALLEGED PRIOR INCONSISTENT STATEMENT BY THE ROBBERY VICTIM, OFFERED AT TRIAL SOLELY FOR IMPEACHMENT, DID NOT RENDER THE EVIDENCE LEGALLY INSUFFICIENT; THE VICTIM WAS THE SOLE WITNESS TO TESTIFY ABOUT THE FACTS (CT APP).
The Court of Appeals, affirming defendant’s conviction. over a three-judge concurring opinion, determined that an alleged prior inconsistent statement made by the robbery victim, the only fact witness, offered at trial solely for impeachment, did not render the evidence legally insufficient. Neither the memorandum decision nor the concurring opinion discusses the underlying facts: The victim, […]