Search for: "3 NY3d 1"
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23 Sep 2024, 6:00 am
"* See Matter of Barella v State of New York Off. of Mental Health, 175 AD3d 495, citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471. [read post]
15 Nov 2023, 7:00 am
Rejecting Plaintiff's assertion that Supreme Court had jurisdiction over Queensborough Community College, where Plaintiff was employed, because it is a community college rather than a senior college, the Appellate Division explained: 1. [read post]
2 Nov 2023, 6:00 am
In this instance the Appellate Division found: 1. [read post]
25 Apr 2022, 6:30 am
" However, explained the court, "Whether a particular statement constitutes an opinion or objective fact is a question of law," [see Mann v Abel, 10 NY3d at 276]. [read post]
23 Sep 2024, 6:00 am
"* See Matter of Barella v State of New York Off. of Mental Health, 175 AD3d 495, citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471. [read post]
8 Sep 2021, 4:00 am
In deciding this action brought by an individual [Plaintiff] alleging he had been defamed by a public officer, the Appellate Division observed that the elements of a cause of action to recover damages for defamation are the making of [1] a false statement that tends to expose a person to public contempt, hatred, ridicule, aversion, or disgrace; [2] published without privilege or authorization to a third party; [3] amounting to fault as judged by, at a minimum, a negligence… [read post]
18 May 2015, 3:19 pm
People v Swinton, supra; People v Atkinson, 7 NY3d 765 [2006]). [read post]
27 Oct 2010, 3:26 am
., Local 1000, AFSCME, AFL-CIO, County of Chautauqua Unit 6300, Chautauqua County Local 807, 8 NY3d 513[Matter of County of Chautauqua v Civil Serv. [read post]
14 Jun 2010, 4:37 am
Availability of absolute or qualified privilege in judicial and quasi-judicial actionsRosenberg v Metlife, Inc, 8 NY3d 359The Rosenberg decision provides an opportunity to explore the issue of the “qualified immunity” and the “absolute immunity” of individuals in the public service sued for alleged libel or slander flowing from their performance of an official duty.The United States Court of Appeals for the Second Circuit asked the New York State Court of Appeals… [read post]
7 May 2018, 4:21 am
Ostrer , 2018 NY Slip Op 03218 Decided on May 3, 2018 Appellate Division, First Department suggests that it may well have been a departure from good practice. [read post]
24 Mar 2025, 6:12 am
Plaintiffs contend in appeal No. 1 that Supreme Court erred in granting the Fund defendants’ motion. [read post]
18 Jan 2016, 5:02 pm
Most recently, in People v Wright (2015 NY Slip Op 05621 [25 NY3d 769] [7/1/15]), the Court, citing Oathout, reversed a conviction on a finding that defense counsel's ineffective assistance of counsel deprived the defendant of a fair trial when counsel defense counsel failed to object, time and again, when the prosecutor repeatedly misrepresented to the jury critical DNA evidence as proof of defendant's guilt by suggesting that the evidence directly linked defendant to… [read post]
18 Jan 2016, 5:02 pm
Most recently, in People v Wright (2015 NY Slip Op 05621 [25 NY3d 769] [7/1/15]), the Court, citing Oathout, reversed a conviction on a finding that defense counsel's ineffective assistance of counsel deprived the defendant of a fair trial when counsel defense counsel failed to object, time and again, when the prosecutor repeatedly misrepresented to the jury critical DNA evidence as proof of defendant's guilt by suggesting that the evidence directly linked defendant to… [read post]
8 Sep 2020, 4:00 am
Dist., 28 NY3d 455, Wally G. v New York City Health & Hosps. [read post]
8 Sep 2020, 4:00 am
Dist., 28 NY3d 455, Wally G. v New York City Health & Hosps. [read post]
19 Jul 2018, 4:00 am
Did the regulatory agency "merely filled in details of a broad policy" or did it create its own comprehensive set of rules without benefit of legislative guidance;3. [read post]
8 Jan 2021, 4:00 am
The Appellate Division sustained Supreme Court's decision, explaining: 1. [read post]
18 Mar 2024, 3:54 am
State of New York v Vayu, Inc., 39 NY3d 330, 332-335 [2023]). [read post]
15 Jun 2009, 6:50 am
Co. v Sartor, 3 NY3d 71; Matter of GEICO Co. v Wingo, 36 AD3d 908; cf. [read post]
9 Apr 2015, 4:49 pm
Johnson, 1 NY3d 302, 306 (2003). [read post]
