Court of Appeals March Session: Arguments of Interest for March 21, 2017

The Court of Appeals' March Session begins on March 21, 2017 with three cases on the argument docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether a reasonable inference of damages is sufficient to plead a fraud based claim, or whether the plaintiff must …

Court of Appeals February Session: Arguments of Interest for February 15, 2017

The Court of Appeals' February Session concludes on Wednesday, February 15, 2017 with three arguments on the docket (the Court's case summaries can be found here).  The Court will face the following issues today: (1) whether a sex offender may be assessed points in the Sex Offender Registration Act assessment for victimization of a stranger …

Court of Appeals February Session: Arguments of Interest for February 14, 2017

The Court of Appeals' February Session continues on Valentine's Day, with three cases on the Court's argument docket (the Court's argument summaries can be found here).  At issue before the Court today is (1) whether a plaintiff who fell down wet scaffolding stairs can be granted summary judgment on liability in a Labor Law 240 …

Court of Appeals February Session: Arguments of Interest for February 9, 2017

The Court of Appeals' February Session continues on Thursday, February 9th with three cases on the docket (the Court of Appeals' case summaries can be found here). The Court will address the following issues: (1) whether a criminal defendant "displays" a firearm for purposes of a first degree robbery conviction when the defendant says he has …

Court of Appeals February Session: Arguments of Interest for February 8, 2017

The Court of Appeals' February Session continues on Wednesday, February 8th with three cases on the docket (the Court of Appeals' case summaries can be found here). The Court will address the following issues: (1) whether a criminal defendant was denied effective assistance of counsel where his attorney failed to cross-examine the only witness to …

Court of Appeals February Session: Arguments of Interest for February 7, 2017

The Court of Appeals' February Session begins on Tuesday, February 7th with three cases on the docket (the Court of Appeals' case summaries can be found here). The Court will address the following issues: (1) whether an order denying a motion to quash a bulk search warrant issued under the Stored Communications Act is appealable; …

Court of Appeals January Session: Arguments of Interest for January 12, 2017

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 …

Court of Appeals January Session: Arguments of Interest for January 11, 2017

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 …

Court of Appeals January Session: Arguments of Interest for January 10, 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 …

Court of Appeals January Session: Arguments of Interest for January 5, 2017

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 …