In People v Diaz, the First Department holds that Correction Law § 168-a(2)(d)(ii), which required the defendant to register as a sex offender in New York for the out-of-state murder of a minor, violated the defendant's substantive due process rights as applied. Particularly, under that section, an individual is required to register as a sex offender …
ZBA Tie Vote is Not a Default Denial When Exercising Original Jurisdiction, Holds Third Department
In Matter of Alper Restaurant Inc. v Town of Copake Zoning Board of Appeals, the Third Department holds that a Town ZBA's tie vote does not result in a default denial when it is exercising original jurisdiction to consider a special use permit. The default denial provisions only apply when a ZBA is exercising appellate jurisdiction. …
Third Department Surprisingly Vacates Expulsion of SUNY Student for Sexual Assault
In a surprising reversal in Matter of Haug v State Univ. of N.Y. at Potsdam, the Third Department annulled SUNY's determination to expel a student who sexually assaulted another student as unsupported by substantial evidence in the record. The SUNY Student Code required affirmative consent to sex, which it was undisputed that the student never received, …
First Department Questions Propriety of Rule Limiting Liability for Domestic Animals to Viscious Propensities
In Scavetta v Wechsler, the First Department affirms the dismissal of negligence claims against the owner of a dog that, when leashed to a bicycle rack, dragged the rack into the street injuring the plaintiff. Although the Court noted that it was constrained to dismiss the case by the Court of Appeals' vicious propensities rule in …
In Case of First Impression, First Department Holds RMBS Trustee Has Standing to Enforce Putback Rights
In Natixis Real Estate Capital Trust 2007-HE2 v Natixis Real Estate Holdings, LLC, the First Department holds, in a case of first impression in NY, that the Securities Administrator of a residential mortgage backed securities (RMBS) trust has standing to bring an action to enforce putback rights, in addition to the standing normally granted to …
In Basis PAC-Rim Opportunity Fund (Master) v TCW Asset Mgt. Co., the First Department holds loss causation lacking in a residential mortgage backed securities fraud case where the investment tanked at the same time as the housing market. The Court clarified that it is not impossible to show fraud in the event of a market …
New York Appeals 