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Court of Appeals of New York - December 2004 Opinion Summaries

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Description Date Docket #

CAHILL v. THE TRIBOROUGH BRIDGE AND TUNNEL AUTH.

Court of Appeals of New York
Construction, Injury & Tort Law, Labor & Employment Law, Workers' Compensation
Where an employer has made available adequate safety devices, and an employee has been instructed to use them, the employee may not recover under...
12/21/2004 174

FLEMING v. GIULIANI

Court of Appeals of New York
Government Law, Labor & Employment Law, Tax Law
New York City is entitled to use total taxable income in determining "condition of employment payments" chargeable to city employees, and such...
12/21/2004 175

SMITH v. TOWN OF MENDON

Court of Appeals of New York
Constitutional Law, Environmental Law, Property Law & Real Estate
A municipality does not commit an unconstitutional taking when it conditions site plan approval on the landowner's acceptance of a development...
12/21/2004 177

PEOPLE v. PARRIS

Court of Appeals of New York
Criminal Law & Procedure
Where a significant portion of reporter's minutes has been lost, a defendant who has pleaded guilty is entitled to a reconstruction hearing only where...
12/21/2004 178, 179

IN THE MATTER OF MADISON

Court of Appeals of New York
Education Law, Labor & Employment Law
Teaching assistants fall within the purview of Education Law section 3013(2) for the purpose of determining layoffs.
12/21/2004 181

PATAKI v. NEW YORK STATE ASSEMBLY

Court of Appeals of New York
Constitutional Law, Government Law
In a suit concerning the enactment of the state budget, the Legislature altered the Governor's appropriation bills in ways not permitted by the...
12/16/2004 171, 172

US UNDERWRITERS INS. CO. v. CITY CLUB HOTEL

Court of Appeals of New York
Attorney's Fees, Insurance Law
An insured who prevails in an action brought by an insurer, seeking a declaratory judgment that it has no duty to defend or indemnify the insured, may...
12/16/2004 173

PEOPLE v. JONES

Court of Appeals of New York
Criminal Law & Procedure
The exception to the self-defense statute, stating that someone who would otherwise have to retreat need not do so if attacked at home, applies when...
12/16/2004 184

EXCESS INS. CO. v. FACTORY MUT. INS. CO.

Court of Appeals of New York
Contracts, Insurance Law
Plaintiff's obligation to pay sums for certain loss adjustment expenses arising from a "follow the settlements" clause is subject to the...
12/02/2004 No. 147

CITY COUNCIL OF THE CITY OF WATERVLIET v. TOWN OF COLONIE

Court of Appeals of New York
Administrative Law, Environmental Law, Property Law & Real Estate
State Environmental Quality Review Act review is required before a municipality adopts a resolution approving the annexation of real property from an...
12/02/2004 No. 148

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