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People v. Caruth - Criminal Conviction Affirmation
The New York Appellate Division affirmed a conviction for manslaughter in the first degree in the case of People v. Caruth. The court found that the suppression motion was properly denied, upholding the legality of the initial search.
Matter of J.S.G. - Termination of Parental Rights
The New York Appellate Division affirmed a Family Court order terminating the parental rights of respondent father based on abandonment. The court found clear and convincing evidence that the father had minimal contact and provided no financial support for the child during the relevant period.
Lackenbauer v. 162 Fifth Ave. Assoc. LLC - Labor Law Opinion
The New York Appellate Division issued an opinion in Lackenbauer v. 162 Fifth Ave. Assoc. LLC, modifying a lower court's decision regarding Labor Law § 241(6) claims. The court partially denied summary judgment on liability for a claim premised on Industrial Code § 23-2.1(a)(1) and the dismissal of an affirmative defense.
Henriquez v City of New York - Appellate Division Decision
The Appellate Division of the Supreme Court of New York reversed a lower court's dismissal of a discrimination complaint against the City of New York. The court found the complaint was timely filed under the New York City Human Rights Law and reinstated the case for further consideration of the plaintiff's amendment request.
Robles v. 53-63 Walton LLC - Labor Law Opinion
The New York Appellate Division modified a lower court's order in Robles v. 53-63 Walton LLC, granting plaintiff summary judgment on liability for his Labor Law § 240(1) claim. The court found the plaintiff established his case based on testimony regarding a faulty ladder.
Matter of Z.R. - Child Neglect Determination
The Appellate Division of the Supreme Court of New York affirmed a Family Court's determination that a mother neglected her child. The court found that the mother's use of a controlled substance placed the child at imminent risk of harm, upholding the child's placement with the Commissioner of Social Services.
Grey v. LIC Dev. Owner, L.P. - Rent Overcharge Case
The Appellate Division of the Supreme Court of New York modified a lower court's order in Grey v. LIC Dev. Owner, L.P. The court declared early occupancy license agreements void and granted summary judgment for rent overcharges for class members who received renewal leases at unauthorized intervals. A rent freeze was imposed until registrations are corrected.
Talbert v. Tynes - Defamation Anti-SLAPP Ruling
The New York Appellate Division reversed a lower court's decision, granting a motion to dismiss a defamation complaint under New York's anti-SLAPP statute. The court found the speech at issue was protected and remanded the case to determine attorneys' fees.
People v. H.A. - Appellate Court Opinion
The Appellate Division of the Supreme Court of New York modified a judgment against defendant H.A. The court vacated the mandatory surcharge and fees imposed at sentencing. The modification was made in the interest of justice.
People v. A.Y. - Criminal Possession and Robbery Convictions
The Appellate Division of the Supreme Court of New York modified a judgment concerning A.Y.'s convictions for criminal possession of a weapon and robbery. The court vacated certain surcharges and fees imposed at sentencing while otherwise affirming the convictions and sentence.
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