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Court of Appeals of New York - November 2002 Opinion Summaries

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GILMAN v. NEW YORK STATE DIV. OF HOUSING & CMTY. RENEWAL

Court of Appeals of New York
Administrative Law, Landlord Tenant Law, Property Law & Real Estate
In a proceeding brought by a tenant to determine the proper initial rent for a rent-stabilized apartment, a higher rent should not have been set based...
11/21/2002 1 No. 133

CONT'L INS. CO. v. STATE OF NEW YORK

Court of Appeals of New York
Corporation & Enterprise Law, Insurance Law, Labor & Employment Law, Workers' Compensation
An election to exclude certain executive officers from coverage under Workers' Compensation Law section 54(6) also eliminates a corporation's coverage...
11/21/2002 1 No. 139

IN THE MATTER OF RAQUEL M.

Court of Appeals of New York
Criminal Law & Procedure, Juvenile Law
The Family Court properly credited the statutory presumption under Penal Code section 165.05(1), that a person using a vehicle without the owner's...
11/21/2002 2 No. 149

SANCHEZ v. STATE OF NEW YORK

Court of Appeals of New York
Injury & Tort Law
In an inmate-on-inmate assault claim alleging negligent supervision, summary judgment was improper where the record raises a triable issue as to...
11/21/2002 3 No. 150

PEOPLE v. BERROA

Court of Appeals of New York
Constitutional Law, Criminal Law & Procedure
A defendant's right to effective assistance of counsel was compromised when defense counsel stipulated to facts directly contradicting defense...
11/21/2002 1 No. 151

PEOPLE v. HARRIS

Court of Appeals of New York
Criminal Law & Procedure, Ethics & Professional Responsibility
Neither 1) an attorney's pre-trial concurrent representation of a confidential informant, nor 2) another attorney's prior representation of a...
11/21/2002 3 No. 152/153

CHURCH v. CALLANAN INDUS., INC.

Court of Appeals of New York
Contracts, Injury & Tort Law
A subcontractor had no duty to plaintiff to fulfill its contractual obligation to complete highway guardrailing, under the circumstances, in a...
11/19/2002 No. 137

MCCOY v. FEINMAN

Court of Appeals of New York
Civil Procedure, Professional Malpractice
A legal malpractice action, alleging that attorneys failed to secure pre-retirement death benefits under plaintiff's ex-husband's employee benefits...
11/19/2002 4 No. 143

PEOPLE v. MUNDO

Court of Appeals of New York
Criminal Law & Procedure
Furtive movements of defendant (a passenger) prior to lawful vehicle stop, coupled with evasive actions of the automobile, justified a limited search...
11/19/2002 1 No. 144

PEOPLE v. ROQUE

Court of Appeals of New York
Criminal Law & Procedure
Reasonable suspicion justified detention of a suspect in the context of a stop made in the course of a "vertical sweep" of a residential apartment...
11/19/2002 1 No. 146

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