New York Appellate Division

People v. J.R. - Criminal Law and Second Amendment Challenge

The Appellate Division of the Supreme Court of New York affirmed a conviction for attempted criminal possession of a weapon and assault. The court addressed the defendant's Second Amendment challenge to New York's age requirement for gun licensing, finding it without merit.

FORT CRE v Karasick - Appellate Division Ruling on Guaranty Enforcement

The Appellate Division of the Supreme Court of New York reversed a lower court's decision to grant a stay in a guaranty enforcement action. The court ruled that defenses to a related Minnesota foreclosure action are irrelevant to the enforcement of absolute and unconditional guaranties of payment.

People v. O'Connor - Appellate Division Opinion

The Appellate Division, First Department, affirmed a judgment of the Supreme Court, Bronx County, in the case of People v. O'Connor. The court found the sentence imposed on the defendant-appellant not to be excessive.

Paitchell v. Goldman - Breach of Contract and Constructive Trust Dispute

The Appellate Division of the Supreme Court of New York affirmed a lower court's decision denying plaintiffs' motion for summary judgment and granting defendants' cross-motion to dismiss claims for breach of contract and imposition of a constructive trust in the case of Paitchell v. Goldman. The decision pertains to the interpretation of a post-nuptial agreement regarding jointly held property.

U.S. Bank, N.A. v. Gordon - Foreclosure Statute of Limitations

The Appellate Division of the Supreme Court of New York affirmed a lower court's decision to dismiss a foreclosure action brought by U.S. Bank, N.A. The court found the action was barred by the statute of limitations, citing the Foreclosure Abuse Prevention Act (FAPA) and its impact on deacceleration letters. The decision impacts financial institutions involved in mortgage foreclosures in New York.

Colon v. City of New York - Slip and Fall Action

The Appellate Division of the Supreme Court of the State of New York reversed a lower court's decision, denying a motion for summary judgment in a slip and fall case against Rita Marsicano. The court found that the defendant failed to establish freedom from common-law liability regarding an icy condition on her property.

People v. Taveres - Sex Offender Classification

The Appellate Division of the Supreme Court of New York affirmed a lower court's decision adjudicating Rolando Taveres a level two sexually violent offender under the Sex Offender Registration Act. The court found sufficient evidence for the risk assessment and declined to grant a downward departure.

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.

Matter of AN.D. (A.D., J.A.) - Child Neglect Appeal

The Appellate Division of the Supreme Court of New York affirmed a Family Court decision finding a father neglected his children due to significant educational neglect. The court upheld the Family Court's decision to conform pleadings to the proof, noting the father had a full opportunity to address the allegations.

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.