Court of Appeals of New York - April 2004 Opinion Summaries

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Description	Date	Docket #
IN THE MATTER OF EXCELLUS HEALTH PLAN, INC. Court of Appeals of New York Health Law, Insurance Law The Superintendent of Insurance may not exercise his premium rate review and approval authority to disapprove or modify rate increases or decreases...	04/06/2004	28
PEOPLE v. LEWIS Court of Appeals of New York Criminal Law & Procedure Because defense counsel's unprotested testimony at the Sirois hearing was in conflict with defendant's position, defendant was denied effective...	04/06/2004	41
PEOPLE v. MASSIE Court of Appeals of New York Criminal Law & Procedure, Evidence Supreme Court did not abuse its discretion in holding that if defendant chose to cross-examine the witness to a robbery about the first, pre-trial...	04/06/2004	42
PEOPLE v. JONES Court of Appeals of New York Criminal Law & Procedure The State Constitution does not prohibit the introduction in evidence of eyewitness lineup identifications conducted in the absence of counsel...	04/06/2004	43
RJC REALTY HOLDING CORP. v. REPUBLIC FRANKLIN INS. CO. Court of Appeals of New York Contracts, Injury & Tort Law, Insurance Law Defendant is obligated to defend and indemnify its insured, a beauty salon/health spa, in an action alleging sexual assault by the insured's employee;...	04/01/2004	26
BROADNAX v. GONZALEZ Court of Appeals of New York Injury & Tort Law, Professional Malpractice Even in the absence of an independent injury, medical malpractice resulting in miscarriage or stillbirth should be construed as a violation of a duty...	04/01/2004	30, 31
IN THE MATTER OF GEN. ELEC. CAPITAL CORP. Court of Appeals of New York Banking Law, Tax Law The sales tax statutory and regulatory scheme authorized the State Department of Taxation and Finance to deny sales tax refund claims of a financial...	04/01/2004	35
PEOPLE v. SMITH Court of Appeals of New York Criminal Law & Procedure Trial court abused its discretion in allowing expert testimony as to the money handling aspects of street-level, multi-member narcotics operations...	04/01/2004	40

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Court of Appeals of New York - April 2004 Opinion Summaries

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