Court of Appeals of New York - November 2009 Opinion Summaries

Goldstein v. N.Y. State Urban Dev. Corp.

Constitutional Law, Government Law, Property Law & Real Estate
In a state constitutional challenge to an eminent domain proceeding, judgment for respondent is affirmed where: 1) it was indisputable that the...

People v. Davis

Criminal Law & Procedure
Defendant's conviction for sale of a controlled substance is affirmed where criminal possession was not a lesser included offense of criminal sale of...

Riverside S. Planning Corp. v. CRP/Extell Riverside, L.P.

Contracts, Property Law & Real Estate
In a breach of contract action concerning the development of a property, dismissal of the complaint is affirmed where the agreement's sunset clause...

People v. Samandarov

Criminal Law & Procedure, Evidence
Defendant's attempted murder conviction is affirmed where: 1) defendant did not submit enough proof of juror misconduct to warrant a hearing; and 2)...

Affri v. Basch

Injury & Tort Law, Labor & Employment Law
In a tort action arising out of injuries sustained by plaintiff while working on defendants' property, summary judgment for defendants is affirmed...

Hargett v. Ticonderoga

Attorney's Fees, Government Law, Property Law & Real Estate
In petitioner's appeal from an award of attorney's fees to respondent in an Eminent Domain Procedure Law (EDPL) proceeding, the order is affirmed...

People v. Gillyard

Criminal Law & Procedure, Evidence
Defendant's criminal impersonation conviction is affirmed where the trial court erred in admitting evidence of a handcuff key to show familiarity and...

People v. Colon

Criminal Law & Procedure, Evidence, Sentencing
In an appeal from a denial of defendants' motion under Criminal Procedure Law section 440.10 to vacate their murder convictions, the order is reversed...

Lee v. Astoria Generating Co.

Admiralty, Government Benefits, Injury & Tort Law, Labor & Employment Law
In an action for indemnification arising out of an accident that occurred on navigable waters, the Appellate Division's order reversing summary...

Snyder v. Bronfman

Contracts, Injury & Tort Law
In an action to recover the value of plaintiff's services in helping to achieve a corporate acquisition, dismissal of the complaint is affirmed where...