1,804 results for 'court:"New York Appellate Divisions"'.
Per curiam, the appellate division finds that defendant was improperly convicted of attempted murder and assault because evidence does not indicate defendant knew his passenger was armed and planned to shoot at another person. However, evidence supported defendant's conviction for possessing a gun outside his home or business. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 13, 2024, Case #: KA 18-01371 , Categories: Firearms, Intent, Murder
Per curiam, the appellate division finds that the lower court properly granted the petition to place the candidate's name on the ballot for the primary election for the Democratic nomination for the office of Village Justice of the Village of Spring Valley. The designating petition contained 409 valid signatures, two more than required to place the candidate's name on the ballot. Incorrect addresses of two registered voters is not a fatal defect requiring the signatures to be voided. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: 02654, Categories: Administrative Law, Elections
Per curiam, the appellate division finds that the trial court improperly ruled in product liability and personal injury claims contending an airbag caused fatal injuries by deploying unexpectedly after the decedent's vehicle collided with a deer because evidence indicates the airbag deployed only after the decedent parked the vehicle following the collision and turned to check on the passengers, then the deer. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: CA 22-01732 , Categories: Product Liability
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Per curiam, the appellate division finds that the lower court improperly granted the petition to invalidate a candidate's designation as a candidate in the primary election for the nomination of the Democratic Party as its candidate for the office of Member of the New York State Assembly for the 32nd Assembly District. The candidate's statement admitting certain allegations in the petition was not a formal judicial admission. Therefore, further proceedings on the petition are required to determine if his candidacy should be invalidated. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02558, Categories: Elections
Per curiam, the appellate division finds that attorney Rita Horowitz Altman, sanctioned for misconduct where she lives and practices immigration law in Florida, should be suspended in New York for three years. Altman failed to timely report the discipline in her home jurisdiction, which stretched over nearly 20 years, as well as discipline imposed by the board of immigration appeals based on the Florida misconduct. Meanwhile, her actions in Florida would have qualified for discipline New York.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-86-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney William Brammer should be suspended for 30 days due to similar sanctions imposed upon misconduct in his home jurisdiction of Washington, D.C. Brammer promptly alerted New York officials to the discipline, which included his admission to lack of client communication, and the New York suspension is retroactive to the suspension imposed in D.C. in January 2021.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-87-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Gerald Orseck should be suspended for three years for misconduct. The parties agreed to the discipline following lengthy negotiations over charges that Orseck mismanaged his escrow account and engaged in conflicts of interest with a current client, and other instances of discipline during his 65 years of practice were also considered.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-88-24, Categories: Attorney Discipline
J. McShan finds that the lower court properly convicted defendant of predatory sexual assault against a child and sexual abuse involving three alleged victims. Defendant contends the children's delay in disclosing the alleged abuse suggested fabrication, but they testified they were afraid of defendant, and expert witnesses credibly testified about the reasons minors may delay in reporting abuse. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 9, 2024, Case #: 110741, Categories: Evidence, Experts, Child Victims
Per curiam, the appellate division finds that the lower court improperly dismissed a constructive eviction claimed filed by a tenant due to Legionella bacteria contamination in its building. This is a commercial lease, not a residential one, so the implied warranty of habitability does not apply. Although the contamination did not constitute a casualty under the lease, there is still good reason to permit discovery over damages. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02580, Categories: Landlord Tenant, Discovery
Per curiam, the appellate division finds that the lower court properly dismissed a negligence claim due to failure to prove a serious injury under the meaning of state insurance laws. Although the injured party offered an MRI scan to prove the injuries, a defense expert opined that the low impact of the accident in question could not have caused the claimed injuries, which rather appeared to be degenerative in nature. The medical records themselves contain no evidence of bodily limitations contemporaneous with the accident, but rather merely the report of a pain management doctor who examined the injured person years later. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02600, Categories: Negligence, Experts
J. Pritzker finds that the lower court properly distributed marital property in a divorce action by equally dividing sale proceeds of the family home. The wife contends she did not receive credits for a money gift from her mother in the down payment, or from her own investment of personal-injury proceeds in home improvements, but she failed to sufficiently delineate which money in the bank account that she claimed to be separate property. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: May 9, 2024, Case #: CV-23-0173, Categories: Family Law
Per curiam, the appellate division finds that the lower court properly dismissed a claim the assistant of a stylist of celebrity Kim Kardashian published a photograph including the claimant without her consent. The claim does not prove that the court has personal jurisdiction over Kardashian or that she continuously conducts business in New York. The same goes for NBC Universal, which was not shown to have deceived or misled the public materially. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02514, Categories: Privacy, Jurisdiction
Per curiam, the appellate division finds that the lower court properly declined to dismiss a putative class action against a landlord for rent overcharges and violations of the Rent Stabilization Law. The law prohibits property owners from adjusting the rent until the end of a lease except as pursuant to guidelines. The landlord here may have violated the statute by inflating registered initial rents by offering prorated discounts in the guise of concessions. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02515, Categories: Landlord Tenant
J. Lynch finds that the lower court properly dismissed a republican and conservative challenge to the constitutionality of New York's Early Mail Voter Act, which permits registered voters to apply to vote early by mail in any election in which they are eligible to vote. No implied prohibition to universal mail-in voting is contained within the absentee ballot provisions of the state constitution, nor does the constitution otherwise require in-person voting. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 9, 2024, Case #: CV-24-0281, Categories: Constitution, Elections
Per curiam, the appellate division finds that the lower court improperly declined to dismiss a negligence claim filed by a psychiatrist who was attacked by the cousin of an estranged partner in his home office. Although the apartment complex suffered lapses in its security protocols, such as allowing the attacker to enter and wander around the building for 20 minutes without being question by staff, the psychiatrist permitted the attacker to come into his apartment again to use the bathroom. Premises liability does not exist where the tenant invites the possibility of danger into the apartment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02612, Categories: Property, Negligence
J. Mackey finds that the tax appeals tribunal properly denied a motor fuel distributor a refund for excise taxes paid under protest for fuel brought into the state because the distributor failed to definitively document that the taxes had been paid by the buyer. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: May 9, 2024, Case #: CV-23-0108, Categories: Tax
J. Egan finds that the lower court properly dismissed claims in which a father sought custody of his son after his relationship with the mother dissolved because the mother had stayed home to care for the child for two years before returning to work, and the father's housekeeping and hygiene skills were lacking. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 9, 2024, Case #: 536134, Categories: Family Law
J. Egan finds that the lower court properly temporarily removed three children from their parents' care based on neglect findings because the children lived in imminent risk of harm due to the lack of running water in the home, as well as incidents in which the father overdosed while the children were in his care and the mother assaulted the children's maternal grandmother during an argument. Subsequently, the grandmother was put in charge of their care, a role she had filled in the past. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 9, 2024, Case #: CV23-0474, Categories: Family Law
Per curiam, the appellate division finds that the lower court properly dismissed a slip and fall claim against a park where he was injured. The area in which he was harmed was full of reed beds and was not intended to be a public walkway. Therefore, the condition could be said to be incidental to the nature of the property and not reasonably foreseeable by the owner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02518, Categories: Negligence
J. Garry finds that the lower court properly convicted defendant of burglary, criminal trespass, rape, and obstruction of breathing or circulation for repeatedly entering the apartment of his former paramour, forcing her to have sex, and applying pressure to her throat. Defendant contends evidence of forcible compulsion was insufficient to support the rape count, but the victim testified about verbal abuse and physical violence leading up to the assault; that she feared defendant; and that she had not consented to sex. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 9, 2024, Case #: 112842, Categories: Burglary, Sex Offender
J. Clark finds that the lower court improperly classified defendant as a risk level two sex offender when he requested a downward departure. Case records were not preserved for meaningful appellate review, and thus the matter must be remitted for a new hearing to detail how the court had weighed factors in classifying defendant. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 9, 2024, Case #: 532396, Categories: Sentencing, Sex Offender
J. Ceresia finds that the lower court properly awarded primary physical custody of a child to the mother. The father was granted additional parenting time, but he previously lied about being the child's primary caregiver. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 9, 2024, Case #: 535843, Categories: Family Law