FINDLAW: Daily Opinion Summaries for New York Court of Appeals - 3/13/08

ADMINISTRATIVE LAW, GOVERNMENT LAW, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE

In the Matter of Schorr v. N.Y. City Dep’t of Housing Preservation & Dev., No. 33In a CPLR article 78 proceeding seeking to annul an eviction determination by the Department of Housing and Preservation Development (HPD), a decision annulling the determination is reversed where: 1) petitioner did not meet the eligibility requirements for succession rights to the apartment and was, therefore, an illegal tenant; and 2) thus, invoking estoppel against HPD and owner would impermissibly prevent HPD from executing its statutory duty to provide Mitchell-Lama housing only to individuals who meet the specified eligibility requirements.

CIVIL PROCEDURE, CONTRACTS, INSURANCE LAW, SECURITIES LAW

Vigilant Ins. Co. v. Bear Sterns Cos., Inc., No. 25In an insurance dispute, denial of summary judgment for insurers is reversed where the insured-financial services firm breached a policy provision obligating it to obtain the consent of its liability carriers before settling claims in excess of $5 million.

CRIMINAL LAW & PROCEDURE

People v. Urbaez, No. 35A conviction and sentence for misdemeanor offenses, arising after defendant placed a telephone call to the mother of his two teenage boys in which he threatened to withhold payment of child support and physically harm her, is affirmed over a claim that he was wrongfully stripped of his right to a jury as a result of the prosecutor’s motion to reduce the original charge, an A misdemeanor, to attempted aggravated harassment in the second degree, a B misdemeanor.

EVIDENCE, INJURY AND TORT LAW, MANUFACTURING, PRODUCT LIABILITY

Ramos v. Howard Indus., Inc., No. 26In a products liability action involving a transformer, denial of summary judgment for defendant-manufacturer is reversed where defendant met its initial burden by presenting competent evidence that its product was not defective and plaintiff failed to create an issue of fact excluding all other causes for the product’s failure not attributable to defendant.

FAMILY LAW, PROBATE, TRUSTS & ESTATES

In the Matter of the Accounting by Fleet Bank, No. 27Relying on strong policy considerations that applied in Matter of Best, 66 N.Y.2d 151 (1985), the Court of Appeals finds that a child adopted out of a family by strangers does not share in the proceeds of class gifts to the biological parent’s issue created by 1926 and 1963 irrevocable trusts.

GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, TAX LAW

In the Matter of Adult Home at Erie Station, Inc. v. Assessor & Bd. of Assessment Review of City of Middletown, No. 21, 22Two owners’ properties in the City of Middletown are used for “charitable” purposes and so, contrary to the city’s claim, are exempt from real property tax.