Tulloch v. Barka
The Second Department affirmed denial of a motion to vacate a default on a serious injury threshold motion, finding that a calendaring error was mere neglect insufficient to establish a reasonable excuse.
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New York
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Sidoruk v. Ben Oil Co., Inc.
The Second Department partially modified a summary judgment order in a petroleum discharge case, finding triable issues as to whether the homeowners’ failure to remove an oil fill pipe after converting to gas contributed to the spill.
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Rubin v. Hodes
The Second Department affirmed dismissal of a fraud action on judicial estoppel grounds, finding the plaintiff failed to disclose the underlying stock shares and promissory notes in his Chapter 11 bankruptcy.
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People v. Symns
The Second Department reversed dismissal of a robbery indictment, finding sufficient evidence of acting in concert where the defendant facilitated an armed robbery by driving accomplices and luring the victim.
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People v. Mulvihill
The Second Department affirmed a level two SORA designation for possession of child sexual abuse images, finding the drug abuse risk factor was supported and a downward departure was not warranted.
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People v. Jones
The Second Department affirmed a murder conviction despite a Confrontation Clause violation in fingerprint evidence, finding the error harmless because the testifying detective independently reached the same conclusions.
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People v. Johnson
The Second Department struck a probation condition requiring payment of a mandatory surcharge and fees, holding it was not reasonably related to the defendant’s rehabilitation.
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People v. Gjurashaj
The Second Department affirmed convictions for first-degree arson, conspiracy, and insurance fraud arising from a restaurant fire, finding sufficient evidence that the defendant’s wife was a non-participant present during the blaze.
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People v. Garcia
The Second Department affirmed a weapon possession conviction, holding that the Bruen decision did not invalidate New York’s criminal possession of a weapon statutes and addressing Confrontation Clause and Sandoval issues.
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People v. Augustus
The Second Department affirmed a second-degree murder conviction, finding that homicidal intent could be inferred from a close-range gunshot with the muzzle pointing toward the victim’s torso and vital organs.