People v. Brooks
Appellate Division affirms robbery conviction, holding victim’s 911 call during pursuit of robbers was properly admitted as excited utterance, and affirms resentence as second violent felony offender.
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New York
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McNeill v. Gewirtz
Appellate Division reverses, granting motion to conform medical malpractice pleadings to evidence developed during discovery regarding phacoemulsification surgery injuries.
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Matter of New York Concrete Corp./JPL Industries JV v. CDRB
Appellate Division reverses grant of Article 78 petition, reinstating CDRB denial of contractor’s $280,000 claim and finding agency determination was rationally based.
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Matter of Murray-Nolan
Appellate Division imposes reciprocal discipline for New Jersey conflict of interest and prohibited business transaction violations, finding corresponding misconduct under New York rules.
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Matter of Moss
Appellate Division grants immediate interim suspension of attorney based on misconduct posing immediate threat to public interest pending completion of disciplinary proceedings.
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Matter of Christian v. Department of Education of the City of New York
Appellate Division reverses, declaring teacher acquired tenure by estoppel when Department of Education failed to timely discontinue employment before expiration of extended probationary period.
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Lebron v. Bronx Heights Beulah Associates, LP
Appellate Division reverses denial of leave to amend answer, holding that mere delay without demonstrated prejudice is insufficient to bar amendment under CPLR 3025(b).
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James Thomas Realty, LLC v. Cheliotes
Appellate Division affirms striking of jury demand, finding action was primarily equitable in nature despite incidental demand for monetary damages.
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Francis v. NYSARC Inc.
Appellate Division reverses, granting summary judgment on liability in chain rear-end collision where defendant failed to provide nonnegligent explanation for striking preceding vehicle.
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Faula v. Auxiliary of Elmhurst Hospital Center
Appellate Division affirms dismissal of employment discrimination claims, finding both defendants were improper parties under Russell v. NYU standard for individual liability.