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Court of Appeals of New York - February 2002 Opinion Summaries

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Description Date Docket #

ALAMI v. VOLKSWAGON OF AMERICA, INC.

Court of Appeals of New York
Injury & Tort Law, Product Liability
A manufacturer of an alleged defective design may not obtain summary judgment dismissal where the decedent was intoxicated at the time of the...
02/19/2002 2 No. 15

PEOPLE v. MORE

Court of Appeals of New York
Constitutional Law, Criminal Law & Procedure, Evidence
A body cavity search of a defendant's rectum to seize evidence incident to an arrest, absent a showing of exigent circumstances, is unreasonable and...
02/19/2002 3 No. 3

PEOPLE v. MOWER

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
A defendant who never faced the death penalty and pleaded guilty may be sentenced to life imprisonment without the possibility of parole.
02/14/2002 3 No. 9

N.X. v. CABRINI MED. CTR.

Court of Appeals of New York
Health Law, Injury & Tort Law
A sexual assault by a hospital employee is not in furtherance of hospital business, and the hospital is precluded from being held vicariously liable...
02/14/2002 1 No. 4

NESTOROWICH v. RICOTTA

Court of Appeals of New York
Injury & Tort Law
Though in a medical malpractice action based upon a surgical procedure, a trial cannot give an "error in judgment" charge absent a showing that a...
02/14/2002 4 No. 12

IN RE: DAVID B. / IN RE: DAVID S.

Court of Appeals of New York
Health Law
In order to retain an insanity acquittee in a non-secure psychiatric facility pursuant to CPL 330.20, in addition to recent acts of violence and the...
02/13/2002 2 NOS. 5 & 6

PEOPLE v. SMITH

Court of Appeals of New York
Criminal Law & Procedure
Where a non-testifying witness' statement was inadvertently included on the back of a trial exhibit provided to the jury, it will not warrant a...
02/13/2002 4 No. 2

DICINTIO v. DAIMLERCHRYSLER CORP.

Court of Appeals of New York
Commercial Law, Contracts, Consumer Protection Law
The Magnuson-Moss Warranty Act, 15 USC 2301-2312 is not applicable to an automobile lessee since the lessee remains free not to exercise the option to...
02/13/2002 1 No. 10

PEOPLE v. HAYES

Court of Appeals of New York
Criminal Law & Procedure
Cross-examination of a defendant at a Sandoval hearing is not necessarily limited to the mere existence of prior convictions, where prior crimes are...
02/07/2002 3 No. 1

PEOPLE v. BRADY

Court of Appeals of New York
Constitutional Law, Criminal Law & Procedure
The trial court neither abuses its discretion nor violates defendant's right against self-incrimination when, at a Sandoval hearing, it allows a...
02/07/2002 2 No. 8

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