Court of Appeals of New York - December 2003 Opinion Summaries

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Description	Date	Docket #
PEOPLE v. TAYLOR Court of Appeals of New York Criminal Law & Procedure Defendant's claim of ineffective assistance of counsel fails, as defense counsel's actions were within the reasonably objective range of performance,...	12/23/2003	157
FULLAN v. 147 E. 27TH STREET ASSOC. Court of Appeals of New York Landlord Tenant Law, Property Law & Real Estate A current owner cannot be held liable for a Fair Market Rent Appeal(FMRA) award for excess rents collected by a previous owner, where the current...	12/22/2003	151
PEOPLE v. JOHNSON Court of Appeals of New York Criminal Law & Procedure Evidence was insufficient to establish that the alleged inventory search of defendant's vehicle was valid. The officer who found a loaded weapon in...	12/22/2003	155
PEOPLE v. JOHNSON Court of Appeals of New York Criminal Law & Procedure, Evidence Trial court committed harmless error in admitting as an excited utterance an out-of-court, hearsay statement made by the victim of defendant's...	12/22/2003	156
SALINO v. CIMINO Court of Appeals of New York Civil Rights, Labor & Employment Law County Attorney did not arbitrarily or capriciously deny a taxpayer-paid defense to the plaintiff per Suffolk County Code section 35-3(A). The record...	12/18/2003	128
LEPKOWSKI v. STATE OF NEW YORK Court of Appeals of New York Civil Procedure Plaintiffs' claims are jurisdictionally defective for non-conformity with the substantive pleading requirements of section 11(b) of the Court of...	12/18/2003	132
N.Y.A.A.D., INC. v. STATE OF NEW YORK Court of Appeals of New York Consumer Protection Law The Airbag Safety and Anti-Theft Act, which imposes new requirements on the sale of salvaged airbags, is valid despite the fact that the Commissioner...	12/18/2003	148
STOP-THE-BARGE v. CAHILL Court of Appeals of New York Environmental Law In a multi-agency environmental action against plaintiff, the court's holding that the statute of limitations began to run, when the conditioned...	12/02/2003	127
BYNOG v. CIPRIANI GROUP, INC. Court of Appeals of New York Labor & Employment Law Pursuant to Labor Law section 196-d, plaintiffs are independent contractors and not employees of the defendants and as such, they are not entitled to...	12/02/2003	136
THEROUX v. REILLY Court of Appeals of New York Government Benefits, Labor & Employment Law Eligibility for benefits under General Municipal Law section 207-c is not contingent upon the municipal employee's demonstrating an injury sustained...	12/02/2003	139, 140. 141

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Court of Appeals of New York - December 2003 Opinion Summaries

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