Table of Contents LATEST SUMMARIES Government Law, Constitutional Law, Elections
• Walsh v. Katz
Civil Procedure, Contracts, Property Law & Real Estate
• Marraccini v. Ryan
Sentencing, Evidence, Criminal Law & Procedure, Sentencing, Criminal Law & Procedure, Evidence
• People v. Fernandez
Education Law, Contracts, Labor & Employment Law
• In the Matter of Rachel Cohn
Criminal Law & Procedure, Sentencing, Evidence
• People v. Hunter
Civil Procedure, Government Law, Government Law, Injury & Tort Law, Civil Procedure
• Groninger v. Village of Mamaroneck
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LATEST SUMMARIES Government Law, Constitutional Law, Elections
Walsh v. Katz, No. 94
In a dispute involving the constitutionality of the residency requirement for the elected position of town justice, Election Law section 16-102, order of the appeals court is affirmed where the the residency requirement, applying a rationale basis test, does not violate the equal protection clause. Read more... Civil Procedure, Contracts, Property Law & Real Estate
Marraccini v. Ryan, No. 115
In a dispute arising from a home improvement agreement, judgment of the trial court denying defendant's motion for summary judgment is affirmed where a licensed home improvement contractor who enters into a contract using a name other than the one on his license is not barred from enforcing the contract unless the other party is deceived or otherwise prejudiced by the misnomer. Read more...
Sentencing, Evidence, Criminal Law & Procedure, Sentencing, Criminal Law & Procedure, Evidence
People v. Fernandez, No. 100
Conviction and sentencing of defendant for first and second degree sexual abuse and endangering the welfare of a child are vacated where defendant's conviction for second degree sexual abuse was an inclusory concurrent count of the first degree sexual abuse count, and trial court's judgment precluding testimony that complainant had a bad reputation for truth and veracity on foundational grounds was an abuse of discretion. Read more... Education Law, Contracts, Labor & Employment Law
In the Matter of Rachel Cohn, No. 101, 102
In an Article 78 proceedings against the Board of Education seeking to compel the Board to expunge letters of reprimand from the personnel files of petitioners pursuant to Education Law section 3020-a, judgment of the appellate division denying petitions is affirmed where the letters at issue are not subject to 3020-a procedures. Read more... Criminal Law & Procedure, Sentencing, Evidence
People v. Hunter, No. 103
Conviction and sentencing of defendant for criminal possession and sale of a controlled substance in the third degree is reversed where for further consideration where the people must timely object to a defendant's failure to prove standing in a suppression motion in order to preserve that issue for appellate review. Read more... Civil Procedure, Government Law, Government Law, Injury & Tort Law, Civil Procedure
Groninger v. Village of Mamaroneck, No. 85
In a personal injury action against defendant-municipality after plaintiff slipped and fell on ice in a parking lot owned by defendant, summary judgment in favor of defendant is affirmed where defendant neither received prior written notice of the defect nor created the icy condition. Read more...
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