188 results for 'filedAt:"2023-07-06"'.
Per curiam, the appellate division finds that the trial court properly dismissed third-party claims contending a general contractor excavated and backfilled a sidewalk with "crusher run," causing a pedestrian to trip and fall. The property owner failed to address an alleged dangerous condition in the area and had not directly sued the contractor. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: CA 22-00442, Categories: Negligence
J. Vigil finds a lower court ruled correctly in convicting defendant of unlawful taking of a motor vehicle. Defendant argued that prosecutors had not adequately proved “definitive ownership” of the car, but prosecutors only had to show that defendant was not the owner, and defendant admitted to taking the truck in question “without permission.” Affirmed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: July 6, 2023, Case #: S-1-SC-39189, Categories: Murder, Theft, Due Process
[Consolidated.] J. Garry finds that the lower court improperly found for a tenant who gave notice that he was vacating a commercial space as if on a month-to-month lease rather than in the midst of a five-year renewal because emails in which he purportedly sought a new lease rather than renewal were too ambiguous to resolve triable issues of fact as to intent. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: July 6, 2023, Case #: 535246, Categories: Landlord Tenant
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J. Tookey finds the trial court erred in denying motions to strike in an anti-SLAPP case brought against three public officials. “Each defendant’s conduct was in furtherance of the exercise of the…constitutional right of free speech in connection with a public issue or an issue of public interest.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: July 6, 2023, Case #: A177995, Categories: Anti-slapp, First Amendment