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Court of Appeals of New York - February 2003 Opinion Summaries

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WITTLINGER v. WING

Court of Appeals of New York
Attorney's Fees, Government Benefits, Government Law
Denial of a request for attorneys' fees under the Equal Access to Justice Act, in connection with litigation for public assistance benefits, was not...
02/25/2003 1 No. 5

IN THE MATTER OF SUBPOENA DUCES TECUM TO JANE DOE, ESQ.

Court of Appeals of New York
Elder Law, Evidence, Government Benefits, Health Law
In response to subpoenas issued by a grand jury conducting a Medicaid fraud investigation, certain nursing home records created or generated for...
02/25/2003 4 No. 7

HORN v. THE NEW YORK TIMES

Court of Appeals of New York
Contracts, Health Law, Labor & Employment Law
The narrow exception to the at-will employment doctrine adopted in Wieder v. Skala, 80 NY2d 628 (1992), does not encompass a physician employed by a...
02/25/2003 1 No. 20

PEOPLE v. SMOCUM

Court of Appeals of New York
Constitutional Law, Criminal Law & Procedure
Although the trial court improperly rushed and compressed its inquiry in a Batson challenge to a jury voir dire, defendant failed to meet his burden...
02/25/2003 2 No. 22

KENNEDY v. MOSSAFA

Court of Appeals of New York
Constitutional Law, Property Law & Real Estate, Tax Law
Procedures used by a county to foreclose on a property following a tax delinquency (including attempted personal notice, posting, and publication)...
02/25/2003 2 No. 24

TRAGER v. KAMPE

Court of Appeals of New York
Administrative Law, Constitutional Law, Government Law, Labor & Employment Law
A local Civil Service Commission cannot establish a residency requirement for an examination for police officers merely by including such a...
02/20/2003 2 No. 1

BINGHAM v. NEW YORK CITY TRANSIT AUTH.

Court of Appeals of New York
Injury & Tort Law, Property Law & Real Estate
In an action alleging inadequate maintenance of a subway station stairwell, transit authorities did not make a sufficient showing at summary judgment...
02/20/2003 1 No. 13

PEOPLE v. BARNEY

Court of Appeals of New York
Criminal Law & Procedure, Property Law & Real Estate
Sufficient evidence existed that the house defendant entered unlawfully was a dwelling under Penal Law 140.25(2), when its sole occupant passed away...
02/20/2003 4 No. 14

TRAN v. NEW ROCHELLE HOSP. MED. CTR.

Court of Appeals of New York
Civil Procedure, Injury & Tort Law
CPLR section 3101(i) requires full discovery disclosure to plaintiffs, of surveillance films prepared by a defendant in a personal injury action, with...
02/20/2003 1 No. 19

MURDZA v. ZIMMERMAN

Court of Appeals of New York
Commercial Law, Injury & Tort Law, Labor & Employment Law, Transportation
A vehicle lessee effectively rebutted the presumption of consent of the owner in a restrictive provision in an employee manual, so as to make it...
02/18/2003 2 No. 16

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