Court of Appeals of New York - December 2013 Opinion Summaries

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Description	Date	Docket #
Town of Oyster Bay v. Lizza Industries, Inc. Court of Appeals of New York Construction, Contracts, Injury & Tort Law, Property Law & Real Estate In a dispute arising out of defendants' construction of a sewer system in areas under plaintiffs' jurisdiction, in which plaintiffs alleged defendants...	12/17/2013	214
People v. Smith Court of Appeals of New York Criminal Law & Procedure, Evidence Pursuant to the rule announced in People v Huertas that a crime victim could testify to her own description of her attacker, given to the police...	12/17/2013	226
Caronia v. Philip Morris USA, Inc. Court of Appeals of New York Health Law, Injury & Tort Law, Product Liability In response to the 2nd circuit's certified question: under New York Law, a current or former longtime heavy smoker who has not been diagnosed with a...	12/17/2013	227
Gyabaah v. Rivlab Transportation Corp. Court of Appeals of New York Contracts, Injury & Tort Law, Insurance Law, Transportation This action was not settled because the general release and the hold harmless agreement were never delivered to defendant, nor was the acceptance of...	12/17/2013	257 SSM 32
William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Rabizadeh Court of Appeals of New York Contracts, Evidence In a dispute arising from defendant's alleged failure to pay for an item offered at plaintiff's public auction, summary judgment for defendant on...	12/17/2013	229
Ragins v. Hospitals Insurance Company, Inc. Court of Appeals of New York Contracts, Injury & Tort Law, Insurance Law, Professional Malpractice The Appellate Division's determination that defendant was entitled to dismissal of plaintiff's breach of contract claim, which alleged that...	12/17/2013	234
People v. Pignataro Court of Appeals of New York Criminal Law & Procedure, Sentencing Defendant's resentencing under Penal Law section 70.85 is affirmed, where: 1) section 70.85 was enacted to address the error when a court fails in its...	12/12/2013	213
People v. Myers Court of Appeals of New York Criminal Law & Procedure, Evidence A new trial is ordered, where: 1) under the facts of this case, the admission of evidence of an uncharged crime allegedly committed by defendant for...	12/12/2013	259 SSM 38
People v. Collier Court of Appeals of New York Criminal Law & Procedure, Sentencing Defendant's sentence for two first-degree robberies to which he pled guilty, which was imposed on resentencing following his challenge to his original...	12/12/2013	228
People v. Tyrell Court of Appeals of New York Criminal Law & Procedure Judgments of convictions for criminal possession and sale of marijuana entered pursuant to pleas in two cases are reversed and remanded, where: 1) a...	12/12/2013	230

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Court of Appeals of New York - December 2013 Opinion Summaries

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