People v. Guthrie
Second Department affirms conviction, upholding COVID-19 executive order toll on CPL 30.30 speedy trial clock and finding People exercised due diligence in discovery compliance.
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New York
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People v. Forston
Second Department affirms level two SORA designation, holding defendant failed to provide sufficient medical evidence that debilitating illness reduced risk of sexual recidivism.
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People v. Doole
Second Department affirms sex offense convictions, rejecting challenges to COVID-19 trial protocols, Batson challenge based solely on gender, Molineux evidence, and prosecutorial summation.
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Ogundiran v. Spira
Second Department affirms dismissal of tenant’s claims against former property owner for retaliation, invasion of privacy, and property damage, finding insufficient pleading and statute of limitations bar.
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Oberlander v. Simon
Second Department affirms dismissal of Judiciary Law Section 487 claim against successor attorney, holding complaint failed to plead proximate causation between alleged deceit and plaintiff’s injury.
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Oberlander v. Kriss
Second Department dismisses appeal from order of dismissal entered on plaintiffs’ default, holding CPLR 5511 bars direct appeal and proper remedy is motion to vacate default.
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Noel v. Noel
Second Department affirms equitable distribution in long-duration marriage, holding trial court properly exercised broad discretion in awarding plaintiff 25% of marital residence and 10% of spouse’s retirement accounts.
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Merola v. Narrows Medical Building Associates, LLC
Second Department affirms denial of motion to dismiss sidewalk fall claim, holding defendant failed to conclusively prove defect was exclusively in the curb and court erred by converting CPLR 3211 motion without notice.
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Matter of Thomas G. v. Marta B.
Second Department limits appellate review of default custody order to adjournment denial, affirming Family Court’s exercise of discretion where mother had history of non-appearance.
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Matter of Taylor
Second Department sustains all four charges against second law firm partner for same escrow account misappropriation and record-keeping failures as companion case Matter of Silverman.