Month: December 2013

People v. Enrique

This appealed addressed whether an ex-girlfriend’s testimony should be allowed for the Respondent at a pre-release hearing to determine whether he suffered from a mental abnormality. Respondent was nearing the end of his prison term for attempted sexual abuse in

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People v. Clermont

This appeal addressed whether the trial court’s denial of Defendant’s motion to suppress a gun should be reversed due to ineffective counsel. Defendant, Jocelyn Clermont, had been walking down the street in a known gang location when a detective in

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People v. Asaro

This appeal addressed whether the defendant Patrick Asaro’s convictions for manslaughter and assault, both in the second-degree, were supported by sufficient evidence. Asaro was driving a modified hotrod with four passengers on a rural two-lane road when he suddenly stopped

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Belzberg v. Verus Investments Holdings Inc.

This case arose when Petitioner Samuel Belzberg appealed an order from the appellate division that denied his application for a permanent stay of third-party arbitration claims by Respondent Verus Investments Holdings, Inc. (“Verus”). The New York Court of Appeals reversed

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Tuminno v. Waite

The defendant, Marjorie Waite, appealed from an order that directed the sale of the property she owned as tenant-in-common with the plaintiff, Cathy Tuminno. Waite and Tuminno acquired the property at issue during the settlement of their mother’s estate. At

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Koch v. Sheehan

This appeal considered a decision of the Office of Medicaid Inspector General (“OMIG”) to exclude Petitioner from participating in New York’s Medicaid program. Petitioner Eric J. Koch, D.O., was investigated by the Office of Professional Medical Conduct (“OPMC”) for his

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Georgitsi Realty, LLC v. Penn-Star Ins. Co.

This appeal addressed two issues of first impression related to whether a property insurance policy covering acts of “vandalism” included the damage suffered. Plaintiff owned an apartment building in Brooklyn, which was damaged when excavation of a parking garage took

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Davis v. Boeheim

This appeal dealt with the issue of whether the supreme court properly dismissed Plaintiffs’ complaint for failure to state a cause of action against Defendant Boeheim. Plaintiffs Davis and Lang commenced a defamation action seeking damages for statements made by

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Soto v. J. Crew

Jose Soto (“Plaintiff”), an employee of a commercial cleaning company hired to provide janitorial services for J. Crew, appealed the lower court’s grant of summary judgment on his New York Labor Law section 240(1) claim against J. Crew. While dusting

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People v. Delee

The defendant, Dwight R. Delee, was charged with killing the victim, known to be a homosexual, with a rifle. Defendant was charged with three offenses: (1) murder in the second degree for intentionally killing the victim because of his sexual

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