FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 6/10/08

CONSTRUCTION, CONTRACTS, INSURANCE LAW, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE, WORKERS’ COMPENSATION

Preserver Ins. Co. v. Ryba, No. 97
In a coverage dispute over a jobsite injury allegedly sustained by a construction worker presenting the question of whether an employer’s liability insurance coverage is unlimited or limited to $100,000 as specified in a standard form workers’ compensation and employers’ liability contract policy, the court of appeals finds that employer’s liability is limited under the circumstances of this case where: 1) from a contractual interpretation standpoint, nothing in the underlying policy suggested unlimited liability; and 2) from a legal perspective, none of the applicable state laws provided for an unlimited employers’ liability insurance.

 

CONTRACTS, LABOR & EMPLOYMENT LAW

Pachter v. Bernard Hodes Group, Inc., No. 86
An “executive” falls within the ambit of the protections afforded to “employees” under sections 190 and 193 of the Labor Law. Also, the determination of when a commission is earned is governed by the parties’ express or implied agreement.

 

CRIMINAL LAW & PROCEDURE

People v. Finley, No. 87, 88
In the context of detention facilities, the small amounts of marijuana at issue, substantially less than 25 grams, were not “dangerous contraband” under Penal Law sections 205.00 (4) and 205.25 (2).

 

DEBT COLLECTION, PROPERTY LAW & REAL ESTATE, TAX LAW

In the Matter of Mill Creek Phase 1 Staten Island Bluebelt Sys., No. 95
The interest due and owing on a subject tax lien continues to accrue at the interest rate of 18%, pursuant to Administrative Code sections 11-224 and 11-319(6), from the vesting of title in the City of New York until the date of full payment of the lien.

 

ELECTIONS, GOVERNMENT LAW

In the Matter of Master v. Pohanka, No. 91
Election Law section 6-120(3) allows a political party’s state committee to vest itself with the authority to issue certificates of authorization for county, city or local public offices.

 

ELECTIONS, GOVERNMENT LAW

In the Matter of Conroy v. State Comm. of the Independence Party of New York, No. 90
In a declaratory judgment action seeking to invalidate an party rule on grounds that the rule conflicted with Election Law section 6-120(3), the court of appeals finds that the rule at issue does not conflict with Election Law section 6-120(3) insofar as it vests in the Executive Committee of the State Committee the authority to designate or nominate non-party members for “non-citywide” public offices in the City of New York.

FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 6/05/08

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW

In the Matter of Feola v. Carroll, No. 83
When a police officer is convicted of a misdemeanor with elements which constitute willful deceit, calculated disregard for honest dealings, intentional dishonesty or corruption of purpose, an oath of office violation has occurred and the position becomes vacant without the need for a due process disciplinary hearing. Further, a conviction for endangering the welfare of a child under Penal Law section 260.10(1) conclusively establishes a lack of moral integrity.

 

CONTRACTS, JUDGMENT ENFORCEMENT, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE

Cox v. NAP Constr. Co., Inc., No. 84, 85
When a contractor has promised to pay its workers the prevailing wages required by the United States Housing Act, the workers may sue under state law to enforce the promise.

 

ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, PER CURIAM, SANCTIONS

In the Matter of Honorable Robert M. Restaino, No. 82
A judge is sanctioned and removed from office based on his actions when, after a device rang in his courtroom and its owner could not be determined, he arbitrarily revoked or denied the recognizance release status of 46 individuals present in his courtroom. Despite the judge’s proffered psychological evidence of suffering from an anxious state of mind due to a strained marriage and recognizable prior service record, the public confidence which had been lost was irreparable.

 

INJURY AND TORT LAW, SPORTS LAW

Roberts v. Boys and Girls Republic, Inc., No. No. 134 SSM 11
Dismissal of plaintiff’s complaint for injuries sustained when a baseball player in an off-field on-deck batting circle struck her with a bat is affirmed where plaintiff assumed the risk of her injuries, as she concededly observed batting equipment and players swinging bats in the area which the accident occurred.

 

INJURY AND TORT LAW, TRANSPORTATION

Jones v. Bill , No. 89
For the purposes of the federal Graves Amendment, an action commences on the date of the initial filing of the summons and complaint.

 

INSURANCE LAW

Fair Price Med. Supply Corp. v. Travelers Indem. Co., No. 105
While an insurer is entitled to contest a claimant’s claim as fraudulent, it is required to do so within the rules of the “no-fault system” which impose tight deadlines. 

Termination by Client Does Not Bar Penalty Request, N.Y. Judge Rules

New York Law Journal

A law firm’s termination by a client cannot protect it from a request for sanctions by the former client and the former client’s adversary in a loan repayment action, a New York judge has ruled. The judge declined to dismiss a motion for a penalty against law firm Russ & Russ, ruling that doing so would “allow a lawyer to escape liability for frivolous conduct by arranging to be fired after engaging in mischief, or, by a more civilized approach, by moving to withdraw as counsel.”

Full Text: Supreme Court Justice Ira B. Warshawsky of Nassau County, in Rozen v. The Nite Rider Group, Inc., 00148/05.

NYS Department of Health Webcasts

The New York State Dept. of Health has a number of very important boards, committees, and councils which meet on a regular basis to discuss and determine the number of doctors, hospitals, and medical equipment available to the citizens of the Empire State and what all this will cost. Many of those meetings are now available via live webcasts.

Among those whose meetings will be webcast are the State Hospital Review and Planning Council, arguably the state’s most important decision-making body on health care issues.

Meetings from January 2008 onward are being archived for ready reference.