115 results for 'court:"New York Court Of Appeals"'.
Per curiam, the appeals court mostly upholds the lower court’s dismissal of some landlords’ lawsuit alleging fraud and breach of fiduciary duty on the part of the property manager they hired to broker an agreement between the landlords and a sublease tenant, who eventually defaulted on the sublease and left the landlords with significant liabilities. The lower court, however, should not have dismissed the landlords’ request for a declaration that the brokerage agreement was unenforceable; this issue is remanded and the landlords may pursue an unjust enrichment claim based on it. Affirmed in part, reversed in part.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: August 17, 2023, Case #: 04350, Categories: Fraud, Landlord Tenant, Real Estate
Per curiam, the appeals court suspended attorney Luis Carrillo from the practice of law. Carrillo did not participate in this proceeding, so he has no defenses against his discipline, which arises because New Jersey suspended him for misconduct that included criminal securities fraud involving a pump-and-dump scheme.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: August 17, 2023, Case #: 04347, Categories: Fraud, Attorney Discipline
J. Singas finds that the appellate division properly held that ex post facto violations had not occurred when parole for defendant, a sex offender, had been held up by amendments barring release until he could find housing away from school grounds. The restriction resulted in additional time behind bars, but that occurrence was not so pervasive as to make the amendments unconstitutional.
Court: New York Court Of Appeals, Judge: Singas, Filed On: June 15, 2023, Case #: 47, Categories: Ex Post Facto, Sex Offender
J. Halligan finds that the appellate division improperly held that defendant was not subject to restrictions from living near schools after being adjudicated as a youthful offender for rape because the law governing the release of sex offenders states that restrictions apply to anyone "serving a sentence," which includes youthful offenders. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 46, Categories: Juvenile Law, Sentencing, Sex Offender
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J. Garcia finds that the appellate division properly held that compliance with the no-action clause in a securitization agreement for residential mortgage-backed securities was unnecessary. Commercial banks, as investors, could not be expected to ask trustees, as overseers, to bring suit under the clause when their actions had been targeted for causing the losses. However, tort claims based on fiduciary breaches should be dismissed as duplicative of breach of contract claims. Affirmed in part.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: June 15, 2023, Case #: 51, Categories: Securities, Fiduciary Duty, Contract
Per curiam, the court of appeals finds that the appellate division properly upheld defendant's classification as a risk level three sex offender. Defendant contends his prison record supported level two classification, but the court did not abuse its discretion in concluding that sexually assaulting five women at knifepoint over a yearlong string of burglaries demonstrated defendant's risk to reoffend. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 15, 2023, Case #: 72 SSM 3, Categories: Sentencing, Sex Offender
J. Halligan finds that the appellate division properly remitted defendant's recidivism classification based on the incorrect calculation of his sex offender risk assessment score. Correcting the error on remittal was within the court's authority, but a higher risk level remained available upon taking a full look at defendant's behavior. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 50, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Rivera finds that the appellate division improperly upheld the decision to sentence defendant as a level three risk for recidivism because the level had been increased based on his prison disciplinary history despite counsel's objections and without providing notice or the opportunity to be heard. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: June 15, 2023, Case #: 49, Categories: Sex Offender, Due Process
[Consolidated.] J. Garcia finds that the appellate division improperly held that a music producer known as "Dr. Luke" is not a public figure in defamation claims brought against singer-songwriter client Kesha, who sought to void their contract based on allegations that he raped her early in their business dealings. Due to Dr. Luke's "purposefully" promoting himself and his label to the media, he is a limited public figure who must demonstrate actual malice on Kesha's part to prove defamation. Furthermore, five of the allegedly 25 defamatory statements cited in his action were privileged; the other 20 must go to a jury to decide whether they had been brought for the sole purpose of pressuring Dr. Luke to release Kesha from her contract. Reversed in part.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: June 13, 2023, Case #: 33, Categories: Defamation, Privilege
Per curiam, the court of appeals finds that the appellate division improperly dismissed ineffective assistance claims brought after defendant was forced to wear a stun belt at his murder trial. The decision, which had been made by "non-judicial personnel" and without the knowledge of the prosecution or the court, did not constitute procedural error but raised questions as to whether counsel had an explanation for declining to object or whether defendant had consented to wearing the belt. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 13, 2023, Case #: 73 SSM 5, Categories: Fair Trial, Ineffective Assistance
J. Cannataro finds that the appellate division improperly dismissed negligent supervision and retention claims contending a charitable foundation had been defrauded of $25 million by the employee of an investment adviser. At the pleading stage, the complaint adequately alleged the adviser was on notice of the employee's propensity for fraud, which included embezzling from the firm itself prior to working with the foundation, and a customer relationship was not necessary to bring negligent supervision claims. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: June 13, 2023, Case #: 52, Categories: Fraud, Negligence
Per curiam, the court of appeals finds that the appellate division improperly held that defendant's right to represent himself had not been violated when he pleaded guilty to burglary because the searching inquiry should have been made to ensure voluntariness. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 13, 2023, Case #: 71 SSM 2, Categories: Self Representation
J. Troutman finds that the appellate division properly held that New York's adoption of federal motor carrier rules requiring electronic logging devices on commercial vehicles to track driver hours is constitutional, as roadside safety inspections fall within the administrative search exception to warrants and thus do not constitute unreasonable searches. Affirmed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: June 13, 2023, Case #: 45, Categories: Administrative Law, Constitution, Vehicle
J. Rivera finds that the appellate division improperly held that defendant's right to a public trial had not been violated when court officers kept spectators waiting outside during defendant's trial on murder charges because staff implementation of a standing policy that barred entry or exit during witness testimony caused the holdup, and even if the judge was not directly involved, he adopted the policy and delegated its implementation, causing unjustified exclusion. Thus, a new trial is necessary. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: May 23, 2023, Case #: 42, Categories: Constitution
J. Cannataro finds that the appellate division improperly rejected claims that defendant's right to a public trial was violated when his murder trial was closed midway through the proceedings in response to the purported atmosphere of intimidation created by certain spectators because a hearing had not been held on the need or scope of closure. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: May 23, 2023, Case #: 41, Categories: Constitution
[Consolidated.] J. Wilson finds that the appellate division properly declined to find for the housing authority in claims brought after a tenant died by immolation at the hands of a former paramour who purportedly gained access to the building through an exterior door with a malfunctioning lock. In a similar appeal, the appellate division improperly found for the housing authority when a tenant was shot point-blank in retaliation for a prior altercation with residents from a neighboring housing complex, who also gained access by a malfunctioning exterior door. Claims that the victims had been targeted did not absolve the housing authority of its duty to provide minimum security against criminal acts by intruders, and questions of fact remained as to how the authority's actions may have contributed to the victims' injuries. Affirmed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: May 23, 2023, Case #: 36, Categories: Landlord Tenant, Negligence
J. Cannataro finds that the appellate division properly held that a city could relinquish authority to collect delinquent taxes to its home county through enactment of a local law repealing its collections role. St. Lawrence County objected on grounds that it would be forced to pursue tax delinquents from the city of Ogdensburg and Ogdensburg school district, but the result was "simply a consequence" of the state legislature giving cities the ability to revoke tax foreclosure responsibilities. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: May 23, 2023, Case #: 43, Categories: Municipal Law, Tax
J. Garcia finds that the appellate division improperly held that a union contract bound the town to arbitrate termination of an exempt, confidential employee because under New York's civil service system, exempt-class employees, who include deputies and secretaries chosen by elected officials rather than assigned by merit, are understood to be at-will workers. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: May 23, 2023, Case #: 40, Categories: Arbitration, Employment, Labor / Unions
J. Singas finds that the appellate division properly held that New York City police officers occupying tier three rankings for pension purposes could not apply non-police work performed earlier in their careers to retirement eligibility because retirement and social security law specifies that tier three participants should receive the same service credits as tier two members before July 1976 and should include only time spent on the police force. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: May 23, 2023, Case #: 39, Categories: Employment, Pensions
[Consolidated.] Per curiam, the court of appeals finds that the appellate division properly held that a 2014 law seeking to limit town elected officials to eight consecutive years in office was invalid because the law had not gone to a referendum of town voters. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: May 19, 2023, Case #: 56, Categories: Elections, Municipal Law
Per curiam, the court of appeals finds that the appellate division improperly held that injuries suffered by the victim did not support defendant's assault conviction because hospital records that describe treating the victim for a hard blow to the face provided sufficient evidence of physical injury. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: May 18, 2023, Case #: 54 SSM 4, Categories: Evidence, Assault
J. Troutman finds that the appellate division improperly upheld defendant's conviction for criminal contempt and aggravated family offense stemming from a confrontation with a former girlfriend at her apartment. The family offense count must be dismissed as jurisdictionally defective because the charge did not specify which of dozens of possible misdemeanors may have been committed. Reversed in part.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: May 18, 2023, Case #: 38, Categories: Criminal Procedure, Contempt
J. Wilson finds that the appellate division should have suppressed evidence discovered in a stop-and-frisk in defendant's trial on charges of drug possession because three tiers of the four-tiered framework for evaluating police stops had been violated when defendant was questioned without reasonable suspicion and then frisked after he exited his car and began walking down the street. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: May 18, 2023, Case #: 35, Categories: Drug Offender, Search