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Lexington Ins. Co. v. New York Mar. & Gen. Ins. Co. - Insurance Coverage Dispute
The Appellate Division of the Supreme Court of New York reversed a lower court's decision, finding that New York Marine and General Insurance Company owes further coverage obligations to Lexington Insurance Company. The case involves a dispute over insurance coverage following a tour bus accident and subsequent settlement.
People v. Leigh - Appellate Division Opinion
The Appellate Division of the Supreme Court of New York issued an opinion in People v. Leigh, concerning a defendant's guilty plea to attempted sexual misconduct and criminal contempt. The court addressed whether the defendant was adequately informed of potential fines beyond mandatory surcharges and fees.
Avison Young LLC v. 459 W 50 ST LLC - Breach of Contract
The Appellate Division of the Supreme Court of the State of New York affirmed a lower court's judgment against 459 W 50 ST LLC and 182 Stanton LLC, ordering them to pay Avison Young LLC $454,000 in unpaid commissions. The dispute centered on the interpretation of a tiered commission structure for the sale of four properties.
Anonymous v. Anonymous - Family Law Appeal
The Appellate Division of the Supreme Court of New York affirmed a lower court's order requiring a plaintiff to pay all of his children's educational expenses and awarding the defendant $40,000 in counsel fees. The court also affirmed a subsequent finding of contempt against the plaintiff for failing to comply with the prior order.
Miller v. State of New York - Judicial Mandatory Retirement Age
The New York Appellate Division ruled on the constitutionality of mandatory judicial retirement ages following the state's Equal Rights Amendment. The court affirmed that existing mandatory retirement laws for judges remain in effect, despite the amendment's inclusion of age as a protected category.
Bisogno v. Libertella - Defamation, False Arrest, Malicious Prosecution
The Appellate Division of the Supreme Court of New York reversed a judgment in a defamation, false arrest, and malicious prosecution case. The court granted the defendants' motion to set aside the jury's damages verdict as excessive and ordered a new trial on the issue of damages.
Stewart Hill, LLC v. Windsor - Local Law Challenge
The Appellate Division of the Supreme Court of the State of New York modified a lower court's order regarding Local Law No. 3 of 2021 of the Town of New Windsor. The court granted summary judgment to the Town of New Windsor on certain causes of action, effectively upholding the local law against a challenge.
Da-Kym Barksdale v. Gilmore - Custody Dispute
The Appellate Division of the Supreme Court of New York reversed a Family Court order that granted a father sole custody due to the mother's failure to appear. The court remitted the matter for an expeditious hearing on the father's petition to modify a prior custody order.
Whelan v. Whelan - Child Support Modification Ruling
The Appellate Division of the Supreme Court of New York reversed a lower court's order that granted a downward modification of child support. The court found that the parties' stipulation, which waived modification rights under certain conditions, was binding. The original child support was $6,250 per month, and the lower court had reduced it to $3,500 per month.
Matter of J.S. (S.A.) - Medical Neglect Ruling
The Appellate Division of the Supreme Court of the State of New York affirmed a Family Court ruling that a mother medically neglected her older child and derivatively neglected her younger child. The court found that the mother's delay in consenting to emergency medical treatment for her older son caused impairment or risk of impairment to his condition.
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