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Court of Appeals of New York - November 2004 Opinion Summaries

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LYLES v. STATE OF NEW YORK

Court of Appeals of New York
Civil Rights, Constitutional Law, Injury & Tort Law
In an action alleging defendant-state committed constitutional torts, plaintiff did not timely file his claim and, consequently, defendant was...
11/30/2004 No. 145

GRAZIANO v. COUNTY OF ALBANY

Court of Appeals of New York
Constitutional Law, Elections, Government Law
A single election commissioner may bring suit to challenge county actions that allegedly impair the equal representation of the major political...
11/30/2004 No. 146

PEOPLE V. RODRIGUEZ

Court of Appeals of New York
Criminal Law & Procedure, Evidence
The prosecution may not use an alibi notice at trial to discredit the testimony of defendant's witnesses, and it also cannot use the notice as...
11/30/2004 No. 152

FELIX v. NEW YORK CITY DEPT. OF CITYWIDE ADMIN. SERV.

Court of Appeals of New York
Civil Rights, Constitutional Law, Labor & Employment Law
Failure to establish residency is a violation of defendant-City's residency requirement, which results in forfeiture of employment, and is not...
11/30/2004 No. 153

WORD OF LIVE MINISTRIES v. NASSAU COUNTY

Court of Appeals of New York
Property Law & Real Estate, Tax Law
Renewal applications for four properties located in the Village of Freeport are entitled to tax exemption pursuant to Real Property Tax Law section...
11/30/2004 No. 156

PEOPLE v. INSERRA

Court of Appeals of New York
Criminal Law & Procedure
A defendant's name on the signature line of an order of protection adequately supports an allegation that the defendant knew of the order's contents.
11/30/2004 No. 161

MCGRATH v. TOYS

Court of Appeals of New York
Attorney's Fees, Civil Rights, Remedies
Under New York City Human Rights Law, pursuant to Farrar v. Hobby (506 US 103 (1992)), a plaintiff in a civil rights action who obtains only nominal...
11/23/2004 No. 141

RUBEIS v. THE AQUA CLUB INC.

Court of Appeals of New York
Injury & Tort Law, Labor & Employment Law, Workers' Compensation
Brain injury results in "permanent total disability" under Workers' Compensation Law section 11 when the evidence establishes that the injured worker...
11/23/2004 No. 142, No. 185

PEOPLE v. RESEK

Court of Appeals of New York
Criminal Law & Procedure, Evidence
Defendant's drug conviction is reversed where evidence of an uncharged crime was improperly allowed at trial.
11/23/2004 No. 146

IN THE MATTER OF MICHAEL M.

Court of Appeals of New York
Civil Procedure, Family Law, Juvenile Law
The jurisdictional requirements for filing in Family Court are not met when an order of removal and the accompanying pleadings contain only hearsay...
11/23/2004 No. 157

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