Category: Article Archive

Archive of Court Watch articles, Articles, and Notes

Liberty Affordable Housing Inc. v. Maple Court Apartments

In this appeal, the Fourth Department examined whether the Court of Appeals decision in Rovello v. Orofino Reality Co., which held that under New York Civil Practice Law and Rules 3211(a)(7) “‘summary dismissal is appropriate . . . when the

Posted in Appellate Division, 4th Judicial Department, Article Archive, Civil Practice, Constitutional Law, Court Watch, Real Property

People v. Marquan M.

This appeal involves a sixteen-year-old high school student that anonymously posted pictures of high school classmates and other adolescents with sexually explicit descriptions of their personal lives on Facebook. A police investigation revealed defendant Marquan M. as the poster. The

Posted in Article Archive, Court Watch, Criminal Law, New York Court of Appeals

People v. Johnson

This appeal addresses whether a defendant’s right to counsel has been violated when he attempts to gain leniency for one crime by discussing another crime and ultimately incriminates himself for the other crime in a meeting where his attorney was

Posted in Article Archive, Constitutional Law, Court Watch, Criminal Law, Evidence, New York Court of Appeals

LM Bus. Assocs., Inc. v. State of New York

The State Insurance Fund, the State Police, and the Workers’ Compensation board investigated Mark Boerman for fraudulent activities. During the investigation, the State Police were granted a search warrant and searched the claimants’ offices on April 5, 2001. During execution

Posted in Appellate Division, 4th Judicial Department, Article Archive, Constitutional Law, Court Watch, Criminal Law, Evidence

Matter of Ford v. New York State Racing and Wagering Board

This appeal addresses the legal grounds for rulemaking regarding out-of-competition race horse testing and whether such testing would involve unconstitutional intrusions by testing agents. In 2009 the defendant, the New York State Racing & Wagering Board (“Board”), promulgated a rule

Posted in Administrative Law, Article Archive, Court Watch, New York Court of Appeals

Floyd v. City of New York

This appeal addresses whether public-sector unions may intervene into a litigation where the actual parties to that litigation have agreed to a settlement. On August 12, 2013, after a bench trial, the district court found that the City of New

Posted in Article Archive, Constitutional Law, Court Watch, Criminal Law, Second Circuit

People v. DeLee

This appeal addresses the proper remedy for a repugnant verdict. The defendant Dwight DeLee, was indicted for second-degree murder, second-degree murder as a hate crime, and third-degree criminal weapon possession by a Syracuse grand jury. He was convicted of the

Posted in Article Archive, Court Watch, Criminal Law, New York Court of Appeals

Reis v. Volvo Cars of North America

This appeal addresses the proper jury charge for defective design of product suits. The plaintiff, Manuel Reis was pinned against a wall and lost his left leg after his friend’s 1987 Volvo station wagon lurched forward upon starting the engine.

Posted in Article Archive, Civil Practice, Court Watch, New York Court of Appeals, Tort Law

Capretto v. City of Buffalo

This appeal arises from an action in which plaintiff sought damages for injuries she sustained when she tripped and fell as a result of broken concrete located in the driveway portion of a sidewalk. The issue on appeal is which

Posted in Appellate Division, 4th Judicial Department, Article Archive, Contracts, Court Watch, Tort Law

In re JP Morgan Chase Bank, N.A.

This appeal addresses a motion to dismiss based on a breach of fiduciary duty claim. In 1983, Lucy Gair Gill’s will established a trust for the benefit of her daughter, Mary Gill Roby and her grandchildren and great-grandchildren. The trust

Posted in Appellate Division, 4th Judicial Department, Article Archive, Contracts, Court Watch, Trusts and Estates