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Court of Appeals of New York - November 2005 Opinion Summaries

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Description Date Docket #

People v. Robbins

Court of Appeals of New York
Criminal Law & Procedure, Education Law
For purposes of the class B felony of selling drugs within 1000 feet of a school, the distance is to be measured in a straight line between the...
11/22/2005 162

Gilson v. Metro. Opera

Court of Appeals of New York
Injury & Tort Law, Property Law & Real Estate
In a case stemming from injuries sustained by a plaintiff when an infirm patron fell into her during a performance, summary judgment for defendant,...
11/22/2005 160

People v. Carvajal

Court of Appeals of New York
Criminal Law & Procedure, Evidence
In a prosecution for possession of a controlled substance and conspiracy, where compelling evidence of a conspiracy in New York tied defendant to the...
11/22/2005 154

People v. Lewis

Court of Appeals of New York
Criminal Law & Procedure
The "intent to commit a crime therein" element of burglary may be satisfied by a defendant's intent to engage in conduct prohibited by an order of...
11/22/2005 156

People v. Green

Court of Appeals of New York
Criminal Law & Procedure, Property Law & Real Estate
In a prosecution for robbery of a specific chattel, a defendant who in good faith believes that the property was his, is nevertheless not entitled to...
11/22/2005 153

Goldman v. Metro. Life Ins. Co.

Court of Appeals of New York
Class Actions, Contracts, Corporation & Enterprise Law, Insurance Law
Grant of defendants' motions to dismiss is affirmed in a putative class action against insurers where defendants did not breach insurance contracts by...
11/22/2005 149, 150, 151

AG Capital Funding v. State St. Bank

Court of Appeals of New York
Banking Law, Contracts, Corporation & Enterprise Law, Evidence, Injury & Tort Law, Professional Malpractice, Securities Law
An underwriter or issuer of securities can, by statements and acts interpreted in light of industry custom and practice, assume a duty that may be...
11/22/2005 157

Visiting Nurse Service v. New York State Dep't of Health

Court of Appeals of New York
Administrative Law, Government Benefits, Government Law, Health Law, Insurance Law
A home health care provider is entitled to notice of overpayment and an opportunity to be heard before the State acts to recover Medicaid payments it...
11/17/2005 158

Perez v. City of New York

Court of Appeals of New York
Education Law, Government Law
Where entities within a public college exercise a quintessentially governmental function, they are subject to the Open Meetings Law; further, under...
11/17/2005 159

People v. Turner

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
Grant of a writ of error coram nobis setting aside defendant's conviction is affirmed where both defendant's trial and appellate lawyers failed to...
11/17/2005 163

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