Findlaw Case Summaries: New York Court of Appeals. May 12, 2009.

May 12, 2009
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CONSTITUTIONAL LAW, GOVERNMENT BENEFITS, HEALTH LAW Khrapunskiy v. Doar, No. 52 In an action by disabled legal resident aliens who were ineligible for SSI payments due to their non-citizenship, judgment for Plaintiffs is reversed, where Article XVII of the New York Constitution does not compel the state to assume the federal government’s obligation when a disabled person becomes ineligible for SSI benefits.

CONSTRUCTION, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, PRODUCT LIABILITY Misicki v. Caradonna, No. 68 In an action under N.Y. Labor Law section 241(6) for injuries Plaintiff construction worker suffered while working, summary judgment for Defendant is reversed, where Plaintiff adequately alleged that the tool his supervisor directed him to use lacked a proper handle and that Defendant had actual notice of the defect.

CRIMINAL LAW & PROCEDURE People v. Weaver, No. 53 Defendant’s burglary conviction is reversed, where the police violated Article I, Section 12 of the New York Constitution by conducting a warrantless surveillance of Defendant’s vehicle for several months, because Defendant had a reasonable expectation of privacy in the whereabouts of his vehicle.

DEBT COLLECTION, PROPERTY LAW & REAL ESTATE Gletzer v. Harris, No. 66 In an action by mortgage lenders seeking a determination of superiority of their liens, judgment for Plaintiff is affirmed, where a renewal lien secured pursuant to NY CPLR section 5014 for a second 10-year period cannot take effect nunc pro tunc on the expiration date of the original lien, cutting off the property interests of intervening mortgagees.

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