111 results for 'judge:"Egan"'.
J. Egan finds that the lower court properly terminated a father's parental rights for abandoning his two children because both children had been placed in the care of their paternal aunt soon after birth, and the father made little effort during his subsequent incarceration to communicate with them. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 2, 2024, Case #: CV-23-0861, Categories: Family Law
J. Egan finds the trial court properly dismissed a trustee's claim that mine owners breached an agreement to sell a gold mine to the trust, seeking specific performance. “The complaint was required to be signed by an attorney, and it was not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A179038, Categories: Trusts
J. Egan finds the trial court properly committed an individual. “Appellant’s behavior prior and up to the commitment hearing provided the trial court sufficient evidence to determine that appellant was” highly likely to engage in violent behavior. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A180059, Categories: Commitment
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J. Egan finds that the lower court properly denied plaintiff coverage for water damage caused by a burst radiator pipe in an empty home he had listed for sale. Plaintiff failed to overcome the policy exclusion for frozen pipes in residences that are either vacant, unoccupied, or under construction, since two of the three provisions applied, and he also failed to take measures to shut off the water before leaving on an extended overseas trip. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 18, 2024, Case #: CV-23-0362, Categories: Insurance
J. Egan finds the trial court properly denied defendant’s motion for a new trial. Court “permissibly determined that any prejudice would be sufficiently mitigated by striking the testimony about prison and instructing the jury to disregard what they had heard.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A179612, Categories: Evidence, Assault, Menacing
J. Egan finds the trial court properly convicted defendant, after a jury trial, for 30 sexual offenses committed against his stepson. “Because the jury heard evidence of other crimes, the prosecutor had reason to ensure that the jury found defendant guilty on each count based on the evidence that corresponded with each charge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A177520, Categories: Evidence, Sex Offender, Child Victims
J. Egan finds the trial court erred in convicting defendant of murder after prosecutorial misstatements. “Prosecutor’s argument during his rebuttal both misstated the burden of proof and encouraged the jury to decide the case with reference to impermissible character-based reasoning that directed the jury ‘away from the facts [and] toward emotion.’” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A178335, Categories: Murder, Prosecutorial Misconduct
J. Egan finds that the lower court properly revoked probation after defendant violated a condition by having contact with her estranged husband, who had been convicted of possessing a forged instrument along with his wife, because the condition had been set by her probation officer as reasonably related to rehabilitation in light of the perception that her husband was a negative influence who contributed to her criminal activity. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 11, 2024, Case #: 109182, Categories: Probation
J. Egan finds that the lower court properly dismissed a father's request to modify a visitation order after he was sent to prison based on his guilty plea to various counts relating to the sexual abuse and exploitation of a child. The father agreed that in-person visitation was not in his daughter's best interests, but his request for telephone or written contact indicated his failure to recognize the impact his sex offenses might have had on the then-teenager, since his victim was her age and had been an acquaintance. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 4, 2024, Case #: 536151, Categories: Family Law
J. Egan finds that defendant was improperly convicted of kidnapping, rape, criminal sexual act, strangulation, and assault as a sexually motivated felony in claims contending he lured a woman from out-of-state and held her against her will. An anonymous jury was improperly impaneled to shield jurors from investigators and queries from the media, and a new trial must be held since a "factual predicate" of need for anonymity had not been made. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 4, 2024, Case #: 113198, Categories: Jury, Sex Offender
J. Egan finds that a widow's appeal should be dismissed as brought from a workers' compensation board directive to provide additional documentary evidence to support her claim for death benefits because the directive was not a final decision subject to appeal, since it sought to clear up whether her husband had signed releases with third parties in a class action concerning on-the-job exposure to asbestos.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 21, 2024, Case #: 535964, Categories: Civil Procedure, Workers' Compensation
J. Egan finds that the lower court improperly held that a city board designated to help cope with a rental housing emergency exceeded its authority. The muncipality's declaration of an emergency was based on a valid study of local properties, and the rent-adjustment guidelines and fair-market rate set by the board in an attempt to tackle the problem was within its emergency powers. Reversed in part.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 21, 2024, Case #: CV-23-0327, Categories: Municipal Law, Housing
J. Egan finds that the lower court properly declined a find for a town in a slip-and-fall action. Questions of fact remain on whether the walkway where the accident occurred was designed for employees only and had signs directing the public to a different access door. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 14, 2024, Case #: CV-23-0811, Categories: Tort
J. Egan finds that the tax appeals tribunal properly assessed sales tax delinquency on a manufacturer that consigned laser devices to medical practices that treat skin conditions. Under the usage agreements, codes were purchased to activate devices for single treatments, which constituted the taxable action of transferring "possession of tangible personal property." Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 7, 2024, Case #: 536068, Categories: Property, Tax
J. Egan finds that the lower court properly dismissed a petition challenging the finding that a nursing home owed $4.5 million in Medicaid overpayments because the former operator of the home brought the action, and lack of standing to challenge the overpayment demand had already been decided in an administrative hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 7, 2024, Case #: 536191, Categories: Civil Procedure, Medicaid
J. Egan finds that the lower court properly issued plaintiff a stay away order of protection in claims contending her former live-in lover harassed her after their relationship ended because evidence indicated her ex continued to return to their home and attempted to contact her by phone, text, and social media. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 7, 2024, Case #: CV-23-0408, Categories: Restraining Order
J. Egan finds that the lower court properly allowed a borrower to file a late answer to mortgage foreclosure claims because the borrower had been involved in unsuccessful pro se negotiations with the lender, which could not argue prejudice. The original 2011 foreclosure action had been dismissed in 2015 for neglect to prosecute, and no grace period applied the 2020 filing. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 29, 2024, Case #: 534805, Categories: Civil Procedure, Banking / Lending, Foreclosure