Court of Appeals of New York - February 2013 Opinion Summaries

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Description Date Docket #

Auqui v. Seven Thirty One Limited Partnership

Court of Appeals of New York
Administrative Law, Civil Procedure, Injury & Tort Law, Workers' Compensation
Order granting defendants' motion to preclude plaintiffs from litigating, in his personal injury action, the issue of plaintiff Verdugo's...
02/14/2013 18

Fundamental Long Term Care Holdings, LLC v. Cammeby's Funding LLC

Court of Appeals of New York
Commercial Law, Contracts, Evidence, Securities Law
Order declaring that the parties' Option Agreement unambiguously granted defendant the right to acquire a one-third interest in plaintiff upon payment...
02/14/2013 11-2252

People v. Warren

Court of Appeals of New York
Criminal Law & Procedure, Evidence
Conviction and sentence for murder was properly reversed, where: 1) a co-defendant waived a jury trial; 2) the trial judge improperly allowed said...
02/12/2013 13

In the Matter of the Arbitration between Shenendehowa Cent. Sch. Dist. Bd. of Educ. and Civil Serv. Employees Ass'n, Inc.

Court of Appeals of New York
Contracts, Dispute Resolution & Arbitration, Education Law, Labor & Employment Law
Arbitrator's decision that the School District had violated the collective bargaining agreement, that the penalty of discharge for grievant school bus...
02/12/2013 8

People v. Belliard

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
The consecutive nature of a new sentence imposed upon a second felony offender to a prior undischarged sentence is a collateral rather than direct...
02/12/2013 5

People v. Long

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
Periodic, moderate drinking of alcoholic beverages does not qualify as abuse under the New York Sex Offender Registration Act risk factors and does...
02/12/2013 15

People v. Lassalle

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
Sentence for conviction of robbery entered pursuant to plea agreement is affirmed, where defendant failed to show he received ineffective assistance...
02/12/2013 25

Miglino v. Bally Total Fitness of Greater New York, Inc.

Court of Appeals of New York
Civil Procedure, Health Law, Injury & Tort Law
New York General Business Law section 627-a does not create a duty running from a health club to its members to use an AED required by that provision...
02/07/2013 10

Montas v. JJC Construction Corporation

Court of Appeals of New York
Civil Procedure, Construction, Evidence, Injury & Tort Law
Trial court's dismissal of plaintiff's case is affirmed, where there was no proper basis on which a jury might have found in plaintiff's favor on his...
02/07/2013 2

Caldwell v. Cablevision Systems Corporation

Court of Appeals of New York
Civil Procedure, Evidence, Injury & Tort Law
Testimony of a subpoenaed fact witness, who receives a fee alleged to be disproportionately in excess of the statutory mandatory fee requirement for...
02/07/2013 19
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