Category: Article Archive

Liberty Affordable Housing Inc. v. Maple Court Apartments 0

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...

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...

LM Bus. Assocs., Inc. v. State of New York 0

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...

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 &...

Floyd v. City of New York 0

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...

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...

Reis v. Volvo Cars of North America 0

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...

Capretto v. City of Buffalo 0

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....

In re JP Morgan Chase Bank, N.A. 0

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...