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Court of Appeals of New York - March 2013 Opinion Summaries

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Description Date Docket #

Gelman v. Buehler

Court of Appeals of New York
Contracts, Corporation & Enterprise Law
There was no breach of contract when defendant withdrew from the partnership enterprise, because the parties in this case did not sufficiently address...
03/26/2013 37

Orsi v. Haralabatos

Court of Appeals of New York
Professional Malpractice, Health Law, Injury & Tort Law
Summary judgment for defendants in medical malpractice action on the issue of proximate cause is reversed and remanded, where defendants failed to...
03/26/2013 50

People v. Nesbitt

Court of Appeals of New York
Criminal Law & Procedure
Counsel's error in overlooking the issue that defendant had a defense to the charge of first degree assault, and not addressing it at trial, rendered...
03/26/2013 28

In the Matter of Howard

Court of Appeals of New York
Criminal Law & Procedure, Insurance Law, Workers' Compensation
In an action to determine whether claimant's Alford plea should be given preclusive effect in a subsequent workers' compensation proceeding, the...
03/22/2013 29

Marinaccio v. Town of Clarence

Court of Appeals of New York
Injury & Tort Law, Property Law & Real Estate, Water Law
In an action to determine whether the evidence was sufficient to find defendant liable for punitive damages for intentional diversion of storm water...
03/22/2013 31

White v. Farrell

Court of Appeals of New York
Contracts, Property Law & Real Estate, Remedies
In an appeal to decide the measure of a seller's damages for a buyer's breach of a contract to sell real property, the measure of damages is the...
03/22/2013 34

People v. Norris

Court of Appeals of New York
Criminal Law & Procedure, Sentencing
When resentencing a defendant under CPL 440.46, a court is not authorized to alter multiple drug felony convictions that were originally imposed to...
03/22/2013 39

People v. McGee

Court of Appeals of New York
Criminal Law & Procedure
Convictions for reckless endangerment and attempted first degree murder of a police officer are affirmed over multiple claims of error.
03/22/2013 30
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