Justia New York Court of Appeals Opinion Summaries

Articles Posted in December, 2013
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Defendant was charged with first and second degree robbery and other crimes. The first degree robbery charge was based on the alleged display of a firearm. The jury at Defendant's first trial acquitted Defendant of first degree robbery and convicted him of second degree robbery. The Appellate Division reversed and ordered a new trial on the second degree robbery charge. At Defendant's second trial, Defendant filed a motion to preclude the People from introducing evidence that a gun was used in the robbery. The trial court denied the motion and Defendant was again convicted of second degree robbery. The Appellate Division again reversed, holding that the People were collaterally estopped by the earlier verdict from presenting evidence of the gun. The Court of Appeals affirmed, holding that, pursuant to People v. Acevedo, the issue of the display of the gun, which was an issue of evidentiary fact resolved in Defendant's favor by a jury, the People were barred at Defendant's second trial from presenting evidence that contradicted the first jury's finding. View "People v. O'Toole" on Justia Law

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Plaintiff was injured during the course of his employment when he was struck by a sheet of plywood that fell from a building under construction. Plaintiff received workers' compensation benefits for his injuries and then filed this personal injury action. Thereafter, the insurance carrier for Plaintiff's employer filed a motion to discontinue Plaintiff's workers' compensation benefits. An administrative law judge found Plaintiff had no further causally-related disability and that he had no further need for treatment. The Workers' Compensation Board Panel (Board) affirmed. Subsequently, in this negligence action, Defendants moved for an order estopping Plaintiff from relitigating the issue of causally-related disability. Supreme Court granted the motion. The Appellate Division reversed, concluding that the determination of the Board was one of ultimate fact and thus did not preclude Plaintiff from litigating the issue of his ongoing disability. The Court of Appeals affirmed, holding that Defendants failed to establish that the issue decided in the workers' compensation proceeding was identical to that presented in this negligence action. View "Auqui v. Seven Thirty One Ltd. P'ship" on Justia Law