Category: New York Court of Appeals

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...

Nesmith v. Allstate 0

Nesmith v. Allstate

In this case, the Court of Appeals interpreted a “noncumulation clause” where members of different families were successively exposed to lead paint in the same apartment. Just as the Court similarly found in Hiraldo...

Kimso v Ghandi 0

Kimso v Ghandi

This appeal addresses a party’s ability to amend a pleading following trial and the full presentation of proof by both parties. Counterclaim plaintiff, Mahesh Gandhi and his two associates formed and held equal one-third...

Grace v. Law 0

Grace v. Law

This appeal addresses whether a client’s failure to appeal the underlying action bars the client’s legal malpractice claim, an issue of first impression for the court. In October 2002, the plaintiff, John W. Grace...

People v. Maldonado 0

People v. Maldonado

This appeal addresses whether reckless driving alone can sustain a conviction for depraved indifference murder. The Defendant led police on a high-speed chase after stealing a minivan. In addition to speeding and driving on...

Union Square Park Community v. New York City Department of Parks and Recreation 0

Union Square Park Community v. New York City Department of Parks and Recreation

This case arose when Plaintiff challenged Defendant’s agreement with Chef Driven Market, LLC (“CDM”) permitting CDM to operate a seasonal restaurant in Union Square Park for a term of fifteen years. In 2012, the...

People v. Cortez 0

People v. Cortez

The appeal addressed two issues: (1) the constitutional right of a criminal defendant to have conflict-free representation at trial, and (2) the use of a defendant’s state of mind months and years before perpetration...

People v. Enrique 0

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...

People v. Clermont 0

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...

People v. Asaro 0

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...