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Court of Appeals of New York - February 2005 Opinion Summaries

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Description Date Docket #
PEOPLE v. COMBEST
Court of Appeals of New York
Criminal Law & Procedure, Evidence 
Defendant's conviction for manslaughter is reversed where the trial court improperly concluded that defendant had not met his burden, under Civil...
02/22/2005 22
VON ESSEN v. NEW YORK CITY CIVIL SERV. COMM'N
Court of Appeals of New York
Administrative Law, Labor & Employment Law 
Firefighters disciplined pursuant to section 15-113 of the Administrative Code of the City of New York cannot appeal their discipline to the New York...
02/22/2005 16
BOLES v. DORMER GIANT, INC.
Court of Appeals of New York
Labor & Employment Law, Workers' Compensation 
Workers' Compensation Law section 11, which limits an employer's liability to third parties, does not shield an employer that has failed to secure...
02/22/2005 18
WENDE C. v. UNITED METHODIST CHURCH
Court of Appeals of New York
Injury & Tort Law, Labor & Employment Law 
Plaintiff's suit against a pastor, alleging sexual battery, is dismissed where, as a matter of law, the sexual relationship between the parties was...
02/22/2005 2
CAMPBELL v. CITY OF NEW YORK
Court of Appeals of New York
Civil Procedure, Injury & Tort Law 
The year-and-90-day period contained in General Municipal Law section 50-i, governing personal injury actions, is a statute of limitations to which...
02/17/2005 20
QUANTUM CORP. FUNDING v. WESTWAY INDUS.
Court of Appeals of New York
Construction, Debt Collection 
State Finance Law section 137 allows subcontractors' assignees to recover payment from bond sureties.
02/17/2005 15
ALDERSON v. NEW YORK STATE COLLEGE AT CORNELL UNIV.
Court of Appeals of New York
Education Law, Government Law, Media Law 
Under the Freedom of Information Law, Cornell University is not required to disclose document requests involving prospective and ongoing research...
02/17/2005 14
PEOPLE v. HARDY
Court of Appeals of New York
Criminal Law & Procedure, Evidence 
Defendant's conviction for attempted murder is reversed where the trial court erred in admitting a non-testifying co-defendant's plea allocution...
02/17/2005 11
CREDIT SUISSE FIRST BOSTON v. PITOFSKY
Court of Appeals of New York
Contracts, Dispute Resolution & Arbitration, Labor & Employment Law, Securities Law 
An arbitration clause of a privately negotiated employment agreement between a broker-dealer and its registered representative employees supersedes...
02/10/2005 4
D'AMBROSIO v. NY DEPT. OF HEALTH
Court of Appeals of New York
Constitutional Law, Health Law, Professional Malpractice 
The finding of professional misconduct, based on plaintiff's voluntary surrender of his medical license in another state, does not violate his due...
02/10/2005 5

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