Justia New York Court of Appeals Opinion Summaries

In these two unrelated cases, Defendants were resentenced because the sentencing court failed to impose mandatory postrelease supervision (PRS) as part of the original sentence. Defendants appealed, concluding that the imposition of PRS to their determinate sentences at resentencing violated Double Jeopardy Clause. The Appellate Division affirmed the resentences, concluding that Defendants did not have a legitimate expectation of finality in their respective determinate sentences because they had not completed their aggregated sentences prior to resentencing. The Court of Appeals affirmed, holding that Defendants' respective resentences did not violate the Double Jeopardy Clause because Defendants did not have a legitimate expectation of finality until they had completed their aggregated sentences under N.Y. Penal Law 70.30. View "People v. Brinson" on Justia Law

Plaintiff, who was severely intoxicated, arrived at the emergency room of a hospital, where he sought admission to Defendant's detoxification facility. Defendant was accepted to the program, and, four hours after his arrival, was waiting to be transported to the facility when he left the grounds unescorted. An emergency room doctor notified hospital security but did not call the police. Plaintiff was subsequently hit by a car. Plaintiff's estate sued the hospital, the doctor, and the doctor's professional corporation (together, Defendants) for negligence and medical malpractice. Supreme Court denied Defendants' motions for summary judgment. The Appellate Division reversed, holding that Defendants lacked authority to confine Plaintiff upon his departure from the hospital. The Court of Appeals affirmed, holding that Defendants did not have a duty to prevent Plaintiff from leaving the hospital. View "Kowalski v. St. Francis Hosp. & Health Ctrs. " on Justia Law

Under N.Y. Labor Law 196-d, an employer's "agent" may not retain tips. Two former Starbucks baristas brought a putative class action in the U.S. district court alleging that Starbucks' policy of allowing shift supervisors to receive distributions violated section 196-d. The district court concluded that the supervisors could participate in tip pools because their responsibilities did not render them Starbucks agents. Meanwhile, several former Starbucks assistant store managers filed a separate complaint asserting that assistant store managers should be entitled to participate in the tips pools. The U.S. district court concluded that section 196-d does not compel an employer to include any particular eligible employee in a tip pool. On appeal from both cases, the court of appeals certified two questions of law to the New York Court of Appeals, which answered by holding (1) an employee whose personal service to patrons is a principal part of his duties may participate in a tip allocation arrangement under section 196-d even if he possesses limited supervisory responsibilities, but an employee granted meaningful control over subordinates is not eligible to participate in a tip pool; and (2) Starbucks' decision to exclude assistant store managers from the tip pool was not contrary to section 196-d. View "Barenboim v. Starbucks Corp." on Justia Law

Defendant was convicted of burglary in the first degree and robbery in the second degree. Defendant appealed, arguing that his arrest was illegal, and therefore, his subsequent lineup identification as the perpetrator of the crime was the fruit of an illegal arrest. The Appellate Division affirmed, holding (1) the officer who arrested Defendant lacked probable cause to stop and arrest Defendant; but (2) an "intervening event" attenuated the causal connection between the illegal arrest and the lineup identification. The Court of Appeals affirmed, holding (1) the initial arrest of Defendant was without probable cause and therefore illegal; but (2) at the time of the lineup identification, any taint of the illegal arrest had been attenuated. View "People v. Jones" on Justia Law

The Attorney General (AG) sued two of the former officers of American International Group, Inc. (AIG), alleging that Defendants violated the Martin Act and committed common law fraud. Specifically, the AG claimed that Defendants helped cause AIG to enter into a sham transaction with General Reinsurance Corporation (GenRe) in which AIG purported to reinsure GenRe on certain insurance contracts. The AG withdrew his claims for damages and now sought only equitable relief. The Appellate Division denied Defendants' motion for summary judgment. The Court of Appeals affirmed, holding (1) the evidence of Defendants' knowledge of the fraudulent nature of the transaction was sufficient to raise a triable issue of fact; and (2) the AG was not barred as a matter of law from obtaining equitable relief. View "People v. Greenberg" on Justia Law

Defendant was charged with second-degree assault based on a confrontation with Complainant. After a Sandoval hearing, the People received permission to cross-examine Defendant about his recent rape conviction, still pending on direct appeal. Defendant was convicted of third-degree assault. Subsequently, Defendants conviction for rape was reversed, and he was retried and acquitted. The Appellate Division affirmed the assault conviction, holding that the Sandoval issue was unpreserved for appellate review. The Court of Appeals reversed and ordered a new trial, holding (1) the Sandoval issue was properly preserved; (2) the prosecution may not cross-examine about the underlying facts of an unrelated criminal conviction on appeal for the purpose of impeaching his credibility; and (3) accordingly, the trial court's ruling allowing admission of the underlying facts of Defendant's rape conviction was in error, as it violated Defendant's privilege against self incrimination. View "People v. Cantave" on Justia Law

Twelve-year-old Tiffany had a seizure followed by cardiac arrest. Two emergency medical technicians (EMTs) employed by New York City arrived in response to Tiffany's mother's 911 call and began performing CPR on Tiffany until paramedics from a private hospital arrived in an advanced life support ambulance. Tiffany suffered serious brain damages from the ordeal. Tiffany and her mother filed this negligence action against the City and its emergency medical services. Under State law, when a municipality provides ambulance service by emergency medical technicians in response to a 911 call, it performs a governmental function and cannot be held liable unless it owed a special duty to the injured party. Supreme Court granted the City's motion for summary judgment, concluding that the City did not owe Plaintiffs a special duty or that the municipal defendants were the proximate cause of the harm. The Appellate Division reversed, determining that Plaintiffs raised triable issues of fact as to whether the City assumed a special duty to Plaintiffs and whether it proximately caused their injuries. The Court of Appeals affirmed, holding that Plaintiffs adequately established questions of fact on the applicability of the special duty doctrine. View "Applewhite v. Accuhealth, Inc. " on Justia Law

Petitioner commenced a N.Y. Real Prop. Tax Law 7 proceeding challenging the valuation by the City of Syracuse's Board of Assessment Review of five houses near Syracuse University used as rental housing for college students. Petitioner claimed that the property valuations, which took place over a four-year period, did not account for the adverse effect the presence of lead paint would have on market value. Supreme Court denied the petition, finding that Petitioner failed to establish that the properties were overvalued or that the assessments were incorrect. The Appellate Division affirmed. The Court of Appeals affirmed, holding that Petitioner failed to proffer substantial evidence demonstrating that the presence of lead paint resulted in devaluation in the market value of the five properties for the years at issue. View "Roth v. City of Syracuse" on Justia Law

After a jury trial, Defendant was convicted of depraved indifference murder of a child and manslaughter in the first degree. The appellate division affirmed. The Court of Appeals affirmed, holding (1) a rational jury could have found beyond a reasonable doubt that Defendant's state of mind during the crime was one of utter indifference to the value of human life, and therefore, the evidence was sufficient to support Defendant's conviction of depraved indifference murder; (2) the evidence was sufficient to prove that Defendant consciously disregarded the substantial and unjustifiable risk that death or serious injury would result from his actions; (3) the evidence of first-degree manslaughter was sufficient; and (4) Defendant's counsel offered effective assistance. View "People v. Barboni" on Justia Law

Plaintiffs were two limited liability companies that made loans to Goldan, LLC. Goldan failed to repay the loans. Plaintiffs later discovered that their mortgages had not been recorded as agreed upon. Plaintiffs sued Goldan and its two principals, Mark Goldman and Jeffrey Daniels, alleging a number of claims. One claim was asserted against Daniels, a lawyer, for legal malpractice for failing to record the mortgages. Daniels' malpractice carrier, American Guarantee and Liability Insurance Company (American) refused to provide defense or indemnity coverage. Daniels defaulted in Plaintiffs' action against him. Daniels assigned to Plaintiffs his rights against American. Plaintiffs subsequently brought an action against American for breach of contract and bad faith failure to settle the underlying lawsuit. Supreme Court granted Plaintiffs' motions as to the breach of contract claims and dismissed the bad faith claims. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) by breaching its duty to defend Daniels, American lost its right to rely on policy exclusions to escape its duty to indemnify; and (2) the lower courts properly dismissed Plaintiffs' bad faith claims. View "K2 Inv. Group, LLC v. Am. Guar. & Liab. Ins. Co." on Justia Law