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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.
Cárdenas v. Walgreens - Court Opinion
The Appellate Division of the Supreme Court of New York affirmed a lower court's decision denying a motion to dismiss a complaint filed by Jerel Cárdenas against Walgreens. The court found that the plaintiff's allegations stated a claim under the rescue doctrine, and the primary assumption of risk doctrine was a fact-specific inquiry better suited for summary judgment.
Estrella v. 20 Bruckner, LLC - Court Decision
The Appellate Division of the Supreme Court of New York modified a lower court's order in Estrella v. 20 Bruckner, LLC. The court granted defendants' motion to vacate a prior order striking their answer and set the matter for a compliance conference to schedule outstanding discovery.
Vernon Lee Ivey v. State of Tennessee - Post-Conviction Relief Appeal
The Tennessee Court of Criminal Appeals affirmed the denial of post-conviction relief for Vernon Lee Ivey. Ivey argued ineffective assistance of counsel regarding his guilty plea and sentencing exposure. The court found no error in the lower court's decision.
State v. Garcia Guox - Sentencing Appeal for Patronizing Prostitution
The Tennessee Court of Criminal Appeals reversed a trial court's sentencing decision for a patronizing prostitution conviction. The State argued the conviction should be a Class B felony, not a Class A misdemeanor, and the appellate court agreed, vacating the plea and remanding for further proceedings.
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