2,759 results for 'judge:"Per curiam"'.
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to murder because the appeal waiver precluded harsh sentence claims. However, limited remittal is required to amend paperwork to indicate defendant had not been sentenced as a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 113715, Categories: Murder, Sentencing, Plea
Per curiam, the appellate division finds that the lower court improperly denied the hospital's motion to dismiss a wrongful death action stemming from its treatment of a patient's skin ulcers. The family's expert's opinion is speculative as to how the skin ulcers led to the patient's death from pneumonia. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02751, Categories: Experts, Medical Malpractice
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Per curiam, the appellate division finds that the lower court properly granted the employer's motion to dismiss an employment retaliation suit. The employee failed to show that "malevolence" was the sole motivation for his demotion after an internal investigation found he had engaged in workplace discrimination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02753, Categories: Employment Retaliation
Per curiam, the appellate division denies the tenant's petition to compel the city Department of Housing to supplement the record after it granted the landlord's request to evict her. The landlord validly served its notice of default on the tenant, and reasonably relied on the one tax return that she submitted at the hearing to demonstrate she did not use the apartment as her primary residence.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02756, Categories: Landlord Tenant
Per curiam, the appellate division finds that the lower court properly excluded the defendant tour company's expert disclosure because it was not accompanied by a written report containing the alleged false online reviews considered by the expert informing the opinion. The omission of this information prejudiced the plaintiff taxi tour companies' ability to respond to the expert's opinion. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02760, Categories: Fraud, Experts, Discovery
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to rape because the claim that the waiver of indictment was defective, since it had not been executed in writing in open court in the presence of counsel, lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 113372, Categories: Criminal Procedure, Plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to selling drugs. Defendant contends his sentence was harsh in light of his history of drug abuse and assistance he provided authorities under a cooperation agreement, but both had been taken into account when he received a term that fell below the permissible maximum. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 112778, Categories: Drug Offender, Sentencing
Per curiam, the appellate division finds that the lower court properly declined to dismiss a negligence suit filed by a visitor who slipped and fell on an improperly waxed floor. Although deposition testimony established that wax was not used on the marble floors and that staff regularly cleaned and inspected the lobby, the visitor raised the possibility that wax residue was present. The janitorial company being sued was clearly responsible to prevent such misapplications. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02677, Categories: Negligence
Per curiam, the appellate division finds that respondent Mitchell Moses Ozeri must be suspended for two years from the practice of law in New York. He deposited a settlement check into an escrow account in which he commingled personal funds. He admitted to his misconduct and testified that his clients all received their settlement funds, so disbarment is unnecessary.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02709, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly declined to dismiss a personal injury suit filed by a cyclist whose bicycle collided with a Transit Authority vehicle. Motorists are generally required to keep a reasonably vigilant eye out for cyclists, and the driver here did not provide enough testimony to show that this took place. A witness also testified that she did not recall if the cyclist ever crossed the double yellow line prior to contact with the bus. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02681, Categories: Transportation, Negligence
Per curiam, the court of appeals dismisses the veteran's appeal of the board's remand of his claims of entitlement to an initial evaluation in excess of 10% for chronic sinusitis. The claims were remanded rather than finally adjudicated. Though the veteran requested review, the court does not have jurisdiction to review a board remand that failed to refer pending claims to the agency of original jurisdiction for initial adjudication.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 15, 2024, Case #: 20-3523, Categories: Health Care, Veterans, Due Process
Per curiam, the circuit finds the district court improperly convicted defendant by guilty plea for being an unlawful drug user in possession of a firearm. Police were dispatched in response to a report of a fight involving a firearm. During a search of the residence, officers found multiple stashes of marijuana, as well as multiple firearms. Defendant was mirandized but agreed to talk with an ATF agent. Defendant admitted to firearm possession and drug use, though he had a medical marijuana card from New Mexico. The court erroneously invoked historical laws disarming dangerous groups to uphold the facial constitutionality of its cited statute, while it also relied on several cases but did not scrutinize the analysis done by the courts. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-50525, Categories: Constitution, Drug Offender, Firearms
Per curiam, the appellate division finds that the lower court properly declined to overturn the New York State Division of Housing and Community Renewal's refusal to overturn order of a rent administrator. Although the tenants attested to the importance of elevator operators to the security of the building, eliminating them did not violate city regulations. The landlord has provided an adequate substitute in the form of new employees. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02656, Categories: Administrative Law, Landlord Tenant
Per curiam, the appellate division finds that the lower court properly denied the city's motion to dismiss a personal injury suit stemming from an injury sustained by a cyclist when yellow caution tape became wrapped around her bike's handlebars. Photos support the cyclist's claim that the traffic barrel was clearly visible, but the caution tape tied slackly to the barrel was not visible prior to the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02714, Categories: Tort
Per curiam, the appellate division finds that the lower court improperly dismissed this personal injury suit stemming from a car accident. Issues of fact remain as to whether the defendant driver was at fault in causing the accident, and whether the plaintiff driver sustained a serious injury as a result of the collision. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02718, Categories: Tort, Vehicle
Per curiam, the appellate division finds that the lower court properly denied the property owner's motion to enter a default judgment in a foreclosure action. The lender showed a reasonable excuse for its short delay in answering the complaint based on law office miscommunication. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02722, Categories: Civil Procedure, Foreclosure
[Consolidated.] Per curiam, the appellate court finds that the trial court should have granted the relators' exceptions of no cause of action on the decedent's family's claim for bystander damages after the decedent drowned while being chased by the facility's employees after they observed the decedent tampering with their vehicle. In this case, the family does not show that they observed the drowning or chase. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 24-C-58, Categories: Evidence, Wrongful Death
Per curiam, the appeals court finds the trial court made no error in denying defendant's post-conviction motion alleging ineffective assistance of counsel at his trial on charges including attempted murder. In part because defendant's attorney's "mistaken prediction" about defendant's success at beating the charges against him, among other professional advice, was reasonable given the circumstances, and because defendant himself rejected to plea offers that would have given him a chance at less than a life sentence, his claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 22-1140, Categories: Ineffective Assistance, Murder
Per curiam, the appellate division finds that the lower court improperly declined to dismiss a slip and fall complaint filed by a pedestrian who slipped on snow on a sidewalk. Because there was an ongoing storm, the property owner cannot be held responsible for any accidents caused by snow or ice accumulating throughout the storm. Snow was still falling at the time of this accident, and the owner did not take remedial measures that ended up worsening the situation. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02683, Categories: Negligence
Per curiam, in this dissolution of marriage case, the appeals court finds that the lower court must make “specific findings as to the wife’s reasonable monthly expenses post-dissolution and the amount of monthly investment income the wife is anticipated to earn.”
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 4D2023-0317, Categories: Family Law
Per curiam, the appellate division finds that the lower court properly convicted defendant of attempted assault and weapon possession. Although the state failed to disclose a police report in time, defendant failed to show that this actually prejudiced him, especially since defense counsel was aware of the information in the report and was allowed to cross-examine the relevant witness. Defendant had no right to youthful offender treatment sice he was convicted of an armed felony due to firing multiple shots at a person on a busy street. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02675, Categories: Prosecutorial Misconduct, Assault, Weapons
Per curiam, the appellate division finds that attorney Alexander R. Cane must be subjected to reciprocal discipline based on a finding that he committed misconducted toward judges and staff in a New Jersey immigration court. He verbally insulted them in speech and in email, but he also has no formal prior disciplinary record and 30 years of practice helping underrepresented clients. He made an apology and a display of remorse as well, but these do not eliminate the need for discipline.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02668, Categories: Immigration, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly convicted defendant of criminal contempt and witness tampering and sentenced him to up to 14 years in prison. Juror misconduct did not require a mistrial here since there was simply a misunderstanding between two jurors that led one to conclude that the other had conducted outside research about defendant. The state failed to preserve the recording of the 911 call in question, but this was not due to bad faith or any intention to prejudice defendant's case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02673, Categories: Witnesses, Contempt
Per curiam, the appellate division finds that the lower court properly upheld a restraining order that limited former president Donald J. Trump's ability to make public statements about senior prosecutor Matthew Colangelo or Justice Juan Merchan's daughter and prohibited him from responding to statements made by witnesses Michael Cohen and Stormy Daniels. Although litigants maintain their First Amendment rights during litigation, the court did not unduly limit these or fail to consider less restrictive alternatives. Trump's documented tendencies to make statements with immediate, real-world consequences to witnesses poses a significant threat to their willingness to participate fully in the proceedings, which triggered the court's duty to shield them. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02680, Categories: Civil Procedure, Restraining Order
Per curiam, the circuit finds that the district court improperly dismissed a request in which the regional director of the National Labor Relations Board sought temporary injunctive relief concerning Starbucks' alleged unfair labor practices in response to a Buffalo-Rochester regional unionization effort. Starbucks was properly granted limited expedited discovery, but the overbroad subpoenas sought information beyond the Buffalo-Rochester stores. On remand, arguments for and against specific subpoenas should be subjected to closer inspection.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-1194-cv, Categories: Discovery, Labor / Unions, Injunction