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Court of Appeals of New York - February 2004 Opinion Summaries

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Description Date Docket #

EVANS v. FAMOUS MUSIC CORP.

Court of Appeals of New York
Contracts, Entertainment Law
A provision in six music royalty contracts detailing the manner of apportioning income from the exploitation of songs does not require defendant to...
02/24/2004 4

METLIFE AUTO & HOME v. JOE BASIL CHEVROLET, INC.

Court of Appeals of New York
Injury & Tort Law, Insurance Law
New York does not recognize a cause of action for third-party negligent spoliation of evidence and impairment of a claim or defense as an independent...
02/24/2004 5

CHAMBERS v. OLD STONE HILL RD. ASSOCS.

Court of Appeals of New York
Communications Law, Property Law & Real Estate, Property Law & Real Estate
Restrictive covenants intended to preserve the residential character of defendant's neighborhood prevent it from leasing a lot for purposes of siting...
02/24/2004 15

PEOPLE v. MATEO

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
Defendant's death sentence must be set aside because he went to trial under an unconstitutional two-tiered penalty scheme. The trial court did not err...
02/24/2004 21

IN THE MATTER OF ALIJAH C.

Court of Appeals of New York
Family Law, Injury & Tort Law, Juvenile Law
A deceased child may be the subject of an abuse petition. The Legislature clearly intended to bring deceased children within the ambit of the Family...
02/19/2004 3

BANCO POPULAR N. AM. v. VICTORY TAXI MGMT., INC.

Court of Appeals of New York
Banking Law, Contracts, Evidence
Evidence was insufficient to create an issue of fact regarding the authenticity of a defendant's signature on 13 installment contracts. Her affidavit...
02/19/2004 9

IN THE MATTER OF LEGION OF CHRIST, INC.

Court of Appeals of New York
Property Law & Real Estate, Tax Law, Tax-exempt Organizations
The Appellate Division erred in holding that the absence of a special use permit barred plaintiff's application for a real property tax exemption....
02/19/2004 14

ALLSTATE INS. CO. v. STEIN

Court of Appeals of New York
Civil Procedure, Injury & Tort Law, Insurance Law
As subrogee of an accident victim to whom it paid Additional Personal Injury Protection (APIP) benefits, plaintiff stands in the shoes of the victim;...
02/19/2004 16

LONGWOOD CENT. SCH. DIST. v. SPRINGS UNION FREE SCH. DIST.

Court of Appeals of New York
Education Law
Physical presence alone does not qualify as "residence" for purposes of Education Law section 3202(4)(a). Because defendant was the location of the...
02/17/2004 1

IN THE MATTER OF K.L.

Court of Appeals of New York
Civil Rights, Constitutional Law, Health Law
Mental Hygiene Law section 9.60 (Kendra's Law), adopting a system of assisted outpatient treatment whereby psychiatric patients unlikely to survive...
02/17/2004 6

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