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Court of Appeals of New York - October 2007 Opinion Summaries

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Description Date Docket #

City of New York v. Welsbach Elec. Corp.

Court of Appeals of New York
Civil Procedure, Contracts, Injury & Tort Law
In indemnification and contribution action by plaintiff city against defendant regarding defendant's maintenance of traffic signals relative to a car...
10/23/2007 121

People v. Taylor

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
As New York's jury deadlock instruction under CPL 400.27 was held, in People v LaValle (3 NY3d 88 [2004]), to violate the State Constitution, an...
10/23/2007 123

GML, Inc. v. Cinque & Cinque, P.C.

Court of Appeals of New York
Civil Procedure, Professional Malpractice
In legal malpractice action brought by Tennessee plaintiffs against New York defendants, summary judgment for defendants on ground that the case was...
10/23/2007 179 SSM 20

Boyd v. Manhattan & Bronx Surface Transit Operating Auth.

Court of Appeals of New York
Civil Procedure, Injury & Tort Law
In a negligence action against a common carrier for injuries caused by defective equipment, the jury should be charged that the plaintiff must show...
10/18/2007 113

Friedman v. Conn. Gen. Life Ins. Co.

Court of Appeals of New York
Insurance Law, Labor & Employment Law
The placement of a "Relation of Earnings to Insurance" clause within the "General Provisions" of a disability insurance policy complies with Insurance...
10/18/2007 116

In the Matter of the Estate of Wallens

Court of Appeals of New York
Family Law, Probate, Trusts & Estates
In proceeding seeking judicial settlement of accounts of a co-trustee, finding that father, as co-trustee of beneficiary daughter's trust left to her...
10/18/2007 122

Stark v. Molod Spitz DeSantis & Stark, P.C.

Court of Appeals of New York
Civil Procedure, Contracts, Dispute Resolution & Arbitration
In case involving terminated partner and her former law firm, dismissal of certain causes of action related to prior special proceeding and resolved...
10/16/2007 114

Ortega v. City of New York

Court of Appeals of New York
Civil Procedure, Evidence, Injury & Tort Law
The tort of third-party negligent spoliation of evidence is not cognizable in New York, as it is not clear that existing New York remedies are...
10/16/2007 118

In the Matter of Victor M.

Court of Appeals of New York
Criminal Law & Procedure, Evidence
In case where appellant was adjudicated a delinquent and placed in the custody of the Office of Children and Family Services, the order of disposition...
10/16/2007 120

Dinallo v. DiNapoli

Court of Appeals of New York
Government Law, Insurance Law
The New York State Comptroller has neither the constitutional nor statutory authority to audit the New York State Insurance Department Liquidation...
10/11/2007 111

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