Category: New York Court of Appeals

Injured? You May be Covered: Court Of Appeals Extends the Duty of Care Owed by Medical Providers to Members of the General Public

Injured? You May be Covered: Court Of Appeals Extends the Duty of Care Owed by Medical Providers to Members of the General Public

— By Andrew Stewart Davis v. South Nassau Communities Hosp., 2015 NY Slip Op 09229 (December 16, 2015). Abstract: The Court of Appeals recognized a legal duty owed by medical providers to a non-patient,...

Women Only Liable for Intentional Injuries to Unborn Fetuses, Court of Appeals Says

Women Only Liable for Intentional Injuries to Unborn Fetuses, Court of Appeals Says

–by Chris Powers Abstract: The New York Court of Appeals ruled that a mother cannot be held liable for the death of a newborn baby when the baby’s injury was caused by the mother’s...

Coleson v. City of New York 0

Coleson v. City of New York

This appeal stems from a negligence suit against the City of New York and the New York City Police Department (NYPD) and addresses what evidence is necessary to establish that a special relationship existed...

People v. Allen 0

People v. Allen

This appeal addresses whether a duplicity argument based on trial evidence must be preserved for appeal where the count is not duplicitous on the face of the indictment. The appellant/defendant, Terrell Allen (“defendant”), was...

People v. On Sight Mobile Opticians 0

People v. On Sight Mobile Opticians

This appeal addresses the severability of a municipal ordinance section and the constitutionality of a content-neutral restriction on the posting of signs on public property. The defendant, On Sight Mobile Opticians, had placed a...

Rigano v. Vibar Const., Inc. 0

Rigano v. Vibar Const., Inc.

The issue decided in the case is whether a notice of mechanic’s lien can be amended nunc pro tunc to reflect the name of the true owner of the property or whether the misnomer...

People v. Marquan M. 0

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...

People v. Johnson 0

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...

Matter of Ford v. New York State Racing and Wagering Board 0

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 &...

People v. DeLee 0

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...