159 results for 'filedAt:"2023-11-02"'.
J. Boyle finds the trial court properly allowed joinder of defendant's trial with her co-conspirators because the charges against all of the co-defendants were similar in nature and based on the same course of conduct, while the not-guilty verdict on one of defendant's robbery charges proves the jury was not confused by any of the evidence. Meanwhile, defendant's conversations with her co-conspirators and surveillance footage that showed the three individuals entering a variety of properties that were robbed on the same night was sufficient for the jury to convict her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: November 2, 2023, Case #: 2023-Ohio-3971, Categories: Evidence, Robbery, Kidnapping
J. Aarons finds that the lower court properly dismissed a challenge to tax breaks provided in connection with the construction of a parking garage as part of a downtown redevelopment project because plaintiff did not suffer an "injury in fact" beyond that of any taxpayer for real property taxes forgiven on the garage. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 2, 2023, Case #: 534637, Categories: Municipal Law, Property, Tax
J. Whitehead denies the insurance company partial summary judgment against the insured's complaint that it stopped the insured from collecting full benefits under his uninsured motorist policy after an underinsured motorist rear-ended his vehicle. The insurance company argues that it offered the insured a reasonable offer based on the information it had at the time, but other courts have found that juries in cases with similar circumstances are better able to make this determination rather than the court deciding at the summary judgment stage.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 2, 2023, Case #: 2:22cv1714, NOS: Insurance - Contract, Categories: Insurance, Contract
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J. Lynch finds that the lower court properly dismissed a request to reduce the 2022 tax assessment on a residential property because the property owner failed to counter the "rebuttable presumption of validity" to the set assessment with a self-generated and unverified list of comparable nearby properties. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 2, 2023, Case #: CV-23-0299, Categories: Property, Tax
J. Myren finds that the circuit court properly denied a motion to dismiss a matter involving a contract dispute for labor and materials for improvements to a ranch property. However, the panel held that the lower court improperly dismissed certain claims by an individual and remands for determination if the individual was an independent contractor. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: November 2, 2023, Case #: 2023SD56, Categories: Property