Cases

People v Allen (2020 NY Slip Op 06594) People v Allen 2020 NY Slip Op 06594 Decided on November 13, 2020 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law §

People v Roberts (2018 NY Slip Op 00725) People v Roberts 2018 NY Slip Op 00725 Decided on February 2, 2018 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary La

OPINION OF THE COURT Sullivan, J. On appeal from his conviction, by plea of guilty, of attempted criminal possession of a weapon in the third degree, defendant challenges the propriety of the denial, after a hearing, of his motion to suppress drugs recovered from his person and a knife found nearby on the sidewalk at the time of his arrest. Specifically, defendant argues that the police unlawfully seized him be

ORDER CECILIA M. ALTONAGA, District Judge. THIS CAUSE came before the Court on Defendant, City of Miami Beach’s (the “City[’s]”) Motion for Judgment on the Pleadings ... (“Motion”) [ECF No. 52]. Plaintiffs, Rod Eisenberg (“Eisenberg”) and Eisenberg Development Corp. (“Ei-senberg Development”) (collectively, “Plaintiffs”) filed their Response ... (“Response”) [ECF No. 61], to which the City re

Lowy, David A., J. Defendants Francis Wyatt, Yoshie Stackerman, Joel Javier, and Cauris Gonzalez are each charged in separate, one-count indictments with murder in violation of G.L.c. 265, §1. Defendant Maribel Villafane is charged in a two-count indictment with accessory after the fact in violation of G.L.c. 274, §4, and misleading a judge, juror, grand juror, prosecutor, police officer, federal agent, investigator, defense att

Swan, Associate Justice, dissenting. Appellant, Rena Brodhurst, asserts that the trial court erred when it granted Appellee’s Motion for Summary Judgment upholding a claim for recognition of an easement across her property which provides access to Appellee’s property. Brodhurst further asserts that there were outstanding issues of material fact concerning the existence of the alleged easement; therefore, she

OPALA, J. ¶ 1 This court granted certiorari to settle the first impression question whether a claim may be brought under Oklahoma’s wrongful death statute1 on behalf of a nonviable fetus *442born alive. We are asked to decide whether the trial court committed reversible error by instructing the jury that damages are recoverable only if the

OPINION AND ORDER LETTOW, Judge. At trial in this contract case involving spent nuclear fuel, only damages were at issue. The United States Department of Energy (“DOE” or “the government”) has contracted to collect and dispose of spent nuclear fuel (“SNF”) and high-level radioactive waste (“HLW”) that has been and will be created in the course of production of electricity via nuclear means by System Fuels, I

DAVIS, Chief Justice:1 The appellants herein, and defendants below, David Keene Leavitt, Anne Gilmore Co-naty, Eleanor Wolfe Conaty, Thomas J. Co-naty, and Brian P. Conaty,2 appeal from a December 4, 1995, jury verdict in the Circuit Court of Cabell County returned in favor of the appellee herein, and plaintiff below, John Woodruff Kessel. Claiming that the defendants had

JUDGE PRYOR delivered the opinion of the court. This action was instituted in the Jefferson court of common pleas by Rudwig and Banchart (the appellees) against the Germania Life Insurance Company of New York on a policy of life insurance, by which the life of Bernard H. Gotthelf was insured for their benefit. At the time the-policy was issued, Gotthelf was a resident of the city of Louisville. He removed fro

KAREN LECRAFT HENDERSON, Circuit Judge, concurring in the judgment in part and dissenting in part. “To an imagination of any scope the most far-reaching form of power is not money, it is the command of ideas.” —Oliver Wendell Holmes, The Path of the Law, 10 Harv. L. Rev. 457, 478 (1897). I believe the statute before us is unconstitu