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Court of Appeals of New York - October 2006 Opinion Summaries

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Description Date Docket #

Rivera v. Nelson Realty, LLC

Court of Appeals of New York
Injury & Tort Law, Landlord Tenant Law, Property Law & Real Estate
The landlord of a home where children live does not have a common-law or other duty to provide or install radiator covers.
10/24/2006 122

Dolce v. Nassau County Traffic & Parking Violations Agency

Court of Appeals of New York
Administrative Law, Civil Procedure, Transportation
The Nassau County Traffic and Parking Violations Agency was created to be an adjunct of the Nassau County District Court and therefore has...
10/24/2006 123

Nazareth Home of the Franciscan Sisters v. Novello

Court of Appeals of New York
Administrative Law, Constitutional Law, Government Benefits, Government Law, Health Law
In a challenge brought by petitioners-nursing homes to the New York Department of Health's Medicaid rates and ratesetting methodology, dismissal of...
10/24/2006 124

Food Parade, Inc. v. Office of Consumer Affairs of County of Nassau

Court of Appeals of New York
Administrative Law, Antitrust & Trade Regulation, Commercial Law, False Advertising
A supermarket's offering of products bearing expired dates for sale is not a "deceptive trade practice" unless the retailer alters or disguises the...
10/24/2006 125

People v. Cuttita

Court of Appeals of New York
Administrative Law, Criminal Law & Procedure, Elder Law, Health Law
The office of the State Welfare Inspector General was not statutorily authorized to prosecute defendant for knowingly operating an adult care facility...
10/24/2006 126

Gorghan v. DeAngelis

Court of Appeals of New York
Criminal Law & Procedure, Evidence
Double-jeopardy does not bar petitioner's retrial in a rape case where, although a prosecutor's misconduct was deplorable, the Appellate Division...
10/19/2006 109

Catholic Charities of the Diocese of Albany v. Serio

Court of Appeals of New York
Civil Rights, Constitutional Law, Drugs & Biotech, Health Law, Insurance Law, Labor & Employment Law
Legislation requiring health insurance policies that provide coverage for prescription drugs to include coverage for contraception is valid, as...
10/19/2006 110

Lake George Assocs. v. State of N.Y.

Court of Appeals of New York
Government Law, Property Law & Real Estate
The state's appropriation of claimant's and its neighbors' land for the purpose of improving an abutting highway and re-establishing access pursuant...
10/19/2006 116

Great N. Ins. Co. v. Interior Constr. Corp.

Court of Appeals of New York
Commercial Law, Contracts, Insurance Law, Landlord Tenant Law, Property Law & Real Estate
An indemnification provision in a commercial lease, coupled with an insurance procurement provision, obligated a tenant to indemnify landlord for its...
10/19/2006 117

ADC Orange, Inc. v. Coyote Acres, Inc.

Court of Appeals of New York
Contracts, Property Law & Real Estate
In contracts for the sale of land, time of performance is not normally of the essence unless the contract so states or one of the parties has...
10/19/2006 118

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