The Court of Appeals' January Session concludes on Thursday, January 12, 2017, with three criminal cases on the argument docket (the Court of Appeals' case summaries can be found here). The Court will address the following issues: (1) whether a police officer may be convicted of official misconduct for malfeasance where he performs an authorized police …
Continue reading "Court of Appeals January Session: Arguments of Interest for January 12, 2017"
On January 10, 2017, in Global Reinsurance Corporation of America v Century Indemnity Company, the Court of Appeals formally accepted the following certified question from the U.S. Court of Appeals for the Second Circuit: "Does the decision of the New York Court of Appeals in Excess Insurance Co.v. Factory Mutual Insurance Co., 3 N.Y.3d 577 …
The Court of Appeals' January Session continues on Wednesday, January 11, 2017, with three cases on the docket (the Court's case summaries can be found here). The Court will address (1) whether a police officer who witnessed and videoed the administration of a breathalyzer test may be used as a substitute witness to introduce the …
Continue reading "Court of Appeals January Session: Arguments of Interest for January 11, 2017"
The Court of Appeals’ January Session continues on Tuesday, January 10, 2017. In the three cases on the argument schedule (the Court’s case summaries can be found here), the Court will address (1) whether the testimony of a witness that the No Trespassing signs on posted property bore the address of the property owner in accordance with …
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The Court of Appeals has three cases on its docket for today's arguments (the Court's case summaries can be found here), addressing whether the State may be apportioned liability in a tort case in the trial level Supreme Court even when it cannot be sued there directly, whether a criminal defendant was denied a fair …
Continue reading "Court of Appeals January Session: Arguments of Interest for January 5, 2017"
In Turturro v City of New York (No. 196) previewed here, the Court of Appeals was asked to determined whether a municipality may be held liable for failing to keep its roads in a reasonably safe condition where it has notice that drivers speed along its roads and the municipality doesn’t take reasonable action to …
After the December oral argument recess, the Court of Appeals resumes a full argument calendar in January back at Court of Appeals Hall (as always, live video of the Court's arguments can be viewed here). Of the arguments on the docket for this afternoon (summaries of the arguments can be found here), one is of …
Continue reading "Court of Appeals January Session: Arguments of Interest for January 3, 2017"
In Hain v Jamison (No. 201) previewed here, the Court of Appeals reversed an order of the Appellate Division, Fourth Department that had dismissed all claims against a farm that owned an escaped calf that the decedent had stopped her car to help out of the middle of the road. The Fourth Department had held …
In Matter of Newcomb v Middle Country Cent. Sch. Dist. (No. 198) previewed here, the Court of Appeals reversed an order of the Appellate Division, Second Department that had denied the plaintiff's request to serve a late notice of claim under General Municipal Law § 50-e(5) on the school district, alleging that a sign advertising a …
In Stonehill Capital Mgmt., LLC v Bank of the West (No. 191) previewed here, the Court of Appeals held that Bank of the West could not withdraw its acceptance of Stonehill Capital Management's winning bid at an auction of an $8.8 million syndicated loan. The Court rejected the Bank's argument that it was not bound …
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