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Court of Appeals of New York - February 2001 Opinion Summaries

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Description Date Docket #

PEOPLE v. FRASIER

Court of Appeals of New York
Constitutional Law, Criminal Law & Procedure
The absence of a constitutional and statutory defense to Penal Law 263, et. seq. was in accordance with the New York Legislature's intention to ban...
02/20/2001 4 No. 9

SECURITIES INVESTOR PROTECTION CORP v. BDO SEIDMAN LLP

Court of Appeals of New York
Injury & Tort Law
A plaintiff may not recover against an accountant for fraudulent misrepresentations made to a third party where the third party did not communicate...
02/20/2001 2 No. 11

PEOPLE v. BARTKOW

Court of Appeals of New York
Criminal Law & Procedure
Harassment in the second degree is not a lesser included offense of menacing in the second degree.
02/20/2001 App. T. No. 14

PEOPLE v. RIVERA

Court of Appeals of New York
Criminal Law & Procedure, Evidence
Where defendant sought to elicit information that a police officer had handcuffed defendant complainant men, defendant created a material gap in the...
02/20/2001 1 No. 18

GREER v. WING

Court of Appeals of New York
Administrative Law
New York's Equal Access to Justice Act does not permit an award of attorneys' fees related to legal work performed in an initial administrative...
02/15/2001 1 No. 12

GOLD v. UNITED HEALTH SERV. HOSP. INC.

Court of Appeals of New York
Government Benefits
Medicaid's recoupment provisions, under Section 104(2) of the Social Services Law, are not subject to limitation of the amount that a public welfare...
02/15/2001 3 No. 7

JARECKI v. LOUIE

Court of Appeals of New York
Contracts, Landlord Tenant Law, Property Law & Real Estate
The failure of a co-op apartment board to approve a prospective co-op apartment sale vitiates the contract of sale, and invalidates any option...
02/15/2001 1 No. 8

GREEN v. MONTGOMERY

Court of Appeals of New York
Civil Rights
By bringing a suit under 42 USC 1983 placing into question issues that were necessarily resolved by the Supreme Court in a criminal case in its...
02/13/2001 USCOA 2 No. 6

RIOS v. SMITH

Court of Appeals of New York
Injury & Tort Law
Defendant's negligence was the proximate cause of plaintiff's accident while riding an all-terrain vehicle that jury found defendant negligently...
02/13/2001 2 No. 4

LANE v. SEC. MUT. INS. CO.

Court of Appeals of New York
Insurance Law
A fire insurance policy that excludes coverage for the intentional fire set by "an insured" violates Insurance Law section 3404 when applied to...
02/13/2001 5601d No. 1

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