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Court of Appeals of New York - September 2008 Opinion Summaries

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Description Date Docket #

Matter of Siao-Pao v. Dennison

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
Denial of parole is affirmed where: the courts below applied the correct legal standards and properly considered the Board of Parole's written...
09/16/2008 200 SSM 27

People v. Shemesh

Court of Appeals of New York
Criminal Law & Procedure
Order dismissing an indictment is affirmed where there was record support for the finding below that the District Attorney failed to accord the...
09/16/2008 201 SSM 32

McCleery v. Consol. Edison of New York

Court of Appeals of New York
Injury & Tort Law, Public Utilities
In a personal-injury suit, summary judgment for defendants is reversed where plaintiff presented issues of fact as to how his foot was crushed and...
09/16/2008 202 SSM 23

In the Matter of DeFilippo v. Rooney

Court of Appeals of New York
Ethics & Professional Responsibility
Judgment of the Appellate Division is affirmed where: 1) petitioner failed to meet his burden of demonstrating that the alleged prosecutorial...
09/16/2008 203 SSM 31

Okun v. Tanners

Court of Appeals of New York
Civil Procedure
Appellate order is reversed and action dismissed where plaintiff did not establish a reasonable excuse for a 20-month delay in pursuing the action,...
09/11/2008 196 SSM 28

Di Sanza v. City of New York

Court of Appeals of New York
Government Law, Injury & Tort Law, Public Utilities
Judgment as a matter of law for defendant is affirmed where defendant's evidentiary submissions established its prima facie case on the ground that it...
09/11/2008 197 SSM 29

Frutchey v. Felicita

Court of Appeals of New York
Injury & Tort Law
Summary judgment for defendants is denied where triable issues of fact existed concerning whether: 1) defendant acted negligently in traveling at an...
09/11/2008 199 SSM 22

In the Matter of Ellis

Court of Appeals of New York
Government Law, Labor & Employment Law
Petition for review of termination of petitioner from her position with the Department of Social Services is dismissed where: 1) petitioner's...
09/09/2008 198 SSM 30

Quattrocchi v. F.J. Sciame Constr. Co.

Court of Appeals of New York
Construction, Injury & Tort Law, Labor & Employment Law
Denial of partial summary judgment on a claim under Labor Law section 240(1), the "Scaffold Law," is affirmed where: 1) "falling object" liability...
09/09/2008 195 SSM 26

In the Matter of Barron

Court of Appeals of New York
Elections, Government Law
In an action to compel the Board of Elections to conduct elections to fill a vacancy created in a state assembly district when its representative was...
09/04/2008 189

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