NY-COURTS

People v. Johnson - Sex Offender Registration Act Adjudication

The Appellate Division of the Supreme Court of New York affirmed a lower court's decision adjudicating Clayton Johnson a level three predicate sex offender under the Sex Offender Registration Act. The court found that the defendant's extensive criminal history, including prior convictions for rape and forcible touching, demonstrated a high risk of recidivism, outweighing any mitigating factors.

Castle Vil. Owners Corp. v. Girardi - Appellate Division Opinion

The Appellate Division of the Supreme Court of New York reversed a lower court's decision in Castle Vil. Owners Corp. v. Girardi. The court declared that the defendant must provide access to her apartment for repairs and bear the cost, reversing the denial of the plaintiff's motion for summary judgment.

Felton v. St. Joseph Hosp. - Negligence and Wrongful Death

The Appellate Division of the Supreme Court of the State of New York reversed a lower court's decision, dismissing all claims against St. Joseph Hospital, Greenwood Crematory, and Ackerman's Funeral Chapel. The case involved alleged infringement of rights of sepulcher concerning the disposition of a decedent's body.

JDS Constr. Group LLC v. Copper Servs., LLC - Court Opinion

The Appellate Division of the Supreme Court of New York modified a lower court's order in JDS Constr. Group LLC v. Copper Servs., LLC. The court reinstated certain counterclaims related to trust funds and granted a motion to amend counterclaims, while affirming other dismissals.

People v. Adams (Selvin) - Criminal Procedure

The Appellate Term of the Supreme Court of New York reversed a conviction for harassment in the second degree against Selvin Adams. The court granted the defendant's speedy trial motion, vacating the plea and dismissing the accusatory instrument due to the People's failure to exercise due diligence in disclosure.

People v. Zeigler (Nalik) - Criminal Procedure

The Appellate Term of the Supreme Court of New York reversed a conviction for driving while impaired against Nalik Zeigler. The court found that the People's certificate of compliance was invalid due to a lack of due diligence in fulfilling discovery obligations, vacating the plea and dismissing the information.

New Century Fin. Servs. v. Rickenbacker - Default Judgment Appeal

The Appellate Term of the Supreme Court of New York affirmed a lower court's denial of a motion to vacate a default judgment. The court found that the defendant failed to establish lack of personal jurisdiction or provide a sufficient excuse for the default.

Demianchuk v Nostrand Photo Lab Inc. - Wage Dispute

The Appellate Term of the Supreme Court of New York modified a lower court's judgment in Demianchuk v. Nostrand Photo Lab Inc., increasing the plaintiff's awarded damages from $916.55 to $9,926.55. The court found the employer failed to pay minimum wage and violated Labor Law notification requirements.

Demianchuk v. Nostrand Photo Lab Inc. - Wage Dispute

The Appellate Term of the Supreme Court of New York modified a lower court's judgment in Demianchuk v. Nostrand Photo Lab Inc., increasing the plaintiff's awarded damages from $916.55 to $9,926.55. The court found the employer failed to pay minimum wage, improperly deducted wages, and violated notice requirements under Labor Law sections 195 and 198.

People v. Silva - Criminal Possession and Assault Conviction Affirmed

The Appellate Division of the Supreme Court of the State of New York affirmed a conviction for criminal possession of a weapon and assault. The court found the evidence legally sufficient and the verdict not against the weight of the evidence. The defendant was sentenced to 7.5 years.