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June 11, 2009.
COMMERCIAL LAW, CONSUMER PROTECTION LAW, GOVERNMENT LAW, HEALTH LAW New York v. Smokes-Spirits.com, Inc., No. 92 The Court of Appeals answered the following certified questions from the United States Court of Appeals for the Second Circuit in the negative: 1) Does New York City have standing to assert its claims under General Business Law section 349?; and 2) may the City assert a common law public nuisance claim that is predicated on N.Y. Public Health Law section 1399-ll? Read more…
CONSTITUTIONAL LAW, FAMILY LAW, GOVERNMENT LAW, JUVENILE LAW Anonymous v. Rochester, No. 81 In an action claiming that the juvenile nighttime curfew adopted by the City of Rochester is unconstitutional, the dismissal of the complaint is reversed, where the curfew violated the substantive due process rights of minors to enjoy freedom of movement and of parents to control the upbringing of their children.
CONSTRUCTION, INJURY AND TORT LAW Cunha v. New York, No. 91 In a personal injury action based on injuries sustained by Plaintiff while working at a roadway excavation, judgment for Plaintiff is reversed where, because New York City was only vicariously liable for violating the provisions of the Labor Law at issue, it was entitled to full common-law indemnification from its codefendant, the party actually responsible for the incident.
CRIMINAL LAW & PROCEDURE People v. Decker, No. 102 Defendant’s murder conviction is affirmed where: 1) although there had been a 15-year delay in re-indicting Defendant after the charges were initially dropped, the delay was justified by the witnesses’ fear of testifying against Defendant; and 2) Defendant was not prejudiced by the delay.
CRIMINAL LAW & PROCEDURE, SENTENCING People v. Mingo, No. 94 Defendant’s rape sentence is vacated where, with the proper foundation, internal documents generated by the District Attorney’s office may support a risk level adjudication, but the trial court failed to require such a foundation, and thus the sentencing enhancement applied by the trial court was in error. ..
INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE Petrone v. Fernandez, No. 100 In an action claiming that a dog at Defendant apartment complex owner’s property injured Plaintiff, summary judgment for Defendant is affirmed, where Defendant did not own the dog and had no reason to know of the dog’s vicious propensities.
CRIMINAL LAW & PROCEDURE People v. Bailey, No. 97 Defendant’s forgery conviction is reversed, where knowledge that the bills he was carrying were counterfeit was not alone sufficient to hold him criminally liable for possessing a forged instrument, because the government was required to prove his intent to use them. .
CRIMINAL LAW & PROCEDURE People v. Marte, No. 96 Defendant’s robbery conviction is affirmed, where the trial court properly denied Defendant’s motion to suppress evidence from a police lineup, because the rules authorizing suppression of eyewitness evidence tainted by suggestion do not apply when the suggestion did not come from law enforcement.
GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, TAX LAW Lackawanna Cmty. Dev. Corp. v. Krakowski, No. 83 In an action by a tax assessor seeking to tax real property owned by a nonprofit corporation, judgment for Plaintiff is affirmed where the property was “used” within the meaning of RPTL section 420-a(1)(a) by the for-profit lessee for manufacturing activities, and not by Defendant for an exempt purpose.