Court of Appeals of New York - December 2013 Opinion Summaries

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Description Date Docket #

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

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

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

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. 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. Oddone

Court of Appeals of New York
Criminal Law & Procedure, Evidence
Defendant's conviction for manslaughter in the first degree for causing the death of a man by holding him in a headlock is reversed and remanded for a...
12/12/2013 236

Kolbe v. Tibbetts

Court of Appeals of New York
Contracts, Health Law, Insurance Law, Labor & Employment Law
The Appellate Division's grant of summary judgment to defendants in a breach of contract action, in which plaintiffs allege that by increasing their...
12/12/2013 235
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