In People v Stephens (No. 171) previewed here, the Court of Appeals upheld the validity of the City of Syracuse's Noise Control Ordinance prohibiting the creation of "unnecessary noise" heard more than 50 feet from a car on a public road against a challenge by a criminal defendant that the ordinance was unconstitutionally vague under …
Court of Appeals Holds Plaintiff’s Use of Makeshift Milk Crate Steps in Lieu of a Wall Ladder Create Question of Fact in Personal Injury Action
In Newman v RPCI Landmark Properties, LLC (No. 174) previewed here, the Court of Appeals reversed the Appellate Division, First Department's order dismissing the personal injury complaint, where the First Department had held that Newman's claim was barred as a matter of law because Newman’s choice to use a set of plastic milk crates to get …
Court of Appeals’ November Session: Arguments of Interest for November 17, 2016
The Court of Appeals’ November Session concludes on Thursday, November 17, 2016. Of the cases on the argument schedule, all of which are criminal appeals (the Court’s case summaries can be found here), two are of particular interest: No. 208 People v James Miller In Miller, after the victim was shot to death in …
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Court of Appeals’ November Session: Arguments of Interest for November 16, 2016
The Court of Appeals’ November Session continues on Wednesday, November 16, 2016. Of the cases on the argument schedule (the Court’s case summaries can be found here), the most interesting is: No. 201 Hain v Jamison When a cow is crossing the road, don’t get out of your car to help it along. That …
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Court of Appeals’ November Session: Arguments of Interest for November 15, 2016
The Court of Appeals’ November Session continues on Tuesday, November 15, 2016. Of the cases on the argument schedule (the Court’s case summaries can be found here), two are of particular interest: No. 196 Turturro v City of New York Can a municipality be held liable for failing to keep its roads in a …
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Court of Appeals’ November Session: Arguments of Interest for November 14, 2016
The Court of Appeals’ November Session, which is full of appeals concerning the rights of criminal defendants, begins on Monday, November 14, 2016 at Court of Appeals Hall in Albany. Of the cases on the argument schedule (the Court’s case summaries can be found here), the most interesting is: No. 191 Stonehill Capital Management, LLC …
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Court of Appeals Foreshadows Future Issue Concerning Summary Judgment Burden in Medical Malpractice Cases
In Pullman v Silverman (No. 151), a medical malpractice action concerning the alleged negligent administration of Lipitor and azithromycin which the plaintiff claims caused him to suffer a cardiac arrhythmia that progressed to the point of requiring placement of a permanent pacemaker, the Court held that the defendant's expert medical affidavit was insufficient to meet …
Court of Appeals Holds Youth Sports League Not Liable for Parents Fighting in Stands
The Court of Appeals decided Pink v Rome Youth Hockey Assn., Inc. (No. 158) today, an action where a parent who was hit in the head while trying to break up a fight between spectators in the stands at a youth hockey game sued the Association putting on the game for failure to protect the …
The Court of Appeals’ October Session Concludes: Arguments of Interest for October 20, 2016
The Court of Appeals’ October Session concludes on October 20, 2016. Only three cases are on the argument schedule (the Court’s case summaries can be found here). One is particularly interesting: No. 185 Kimmel v State of New York May a prevailing plaintiff in a suit against the State and its agencies under the …
The Court of Appeals’ October Session: Arguments of Interest for October 19, 2017
The Court of Appeals’ October Session continues on October 19, 2016. Of the cases on the argument schedule (the Court’s case summaries can be found here), two are of particular interest: No. 179 Matter of Entergy Nuclear Operations, Inc. v New York State Department of State In Entergy Nuclear Operations, the owner of the …
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