CONSTITUTIONAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Goldstein v. N.Y. State Urban Dev. Corp., No. 178
In a state constitutional challenge to an eminent domain proceeding, judgment for respondent is affirmed where: 1) it was indisputable that the removal of urban blight is a proper, and, indeed, constitutionally sanctioned, predicate for the exercise of the power of eminent domain and 2) the creation of low income housing was not constitutionally required under article XVIII of the New York constitution as an element of a land use improvement project that did not entail substantial slum clearance.
CONTRACTS, PROPERTY LAW & REAL ESTATE
Riverside S. Planning Corp. v. CRP/Extell Riverside, L.P., No. 171
In a breach of contract action concerning the development of a property, dismissal of the complaint is affirmed where the agreement’s sunset clause plainly established that it had expired, at the latest, 10 years after it was executed, meaning that it was of no force or effect when defendant acquired the property at issue.
CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. Samandarov, No. 164
Defendant’s attempted murder conviction is affirmed where: 1) defendant did not submit enough proof of juror misconduct to warrant a hearing; and 2) the trial court did not abuse its discretion in denying a hearing regarding allegedly suppressed evidence because the sole basis for the hearing was handwritten notes that everyone present at the interviews at issue said never existed.
CRIMINAL LAW & PROCEDURE
People v. Davis, No. 172
Defendant’s conviction for sale of a controlled substance is affirmed where criminal possession was not a lesser included offense of criminal sale of a controlled substance, because it was possible to commit the sale crime without committing the possession crime.
INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW
Affri v. Basch, No. 159
In a tort action arising out of injuries sustained by plaintiff while working on defendants’ property, summary judgment for defendants is affirmed where defendants did not exercise sufficient direction and control over plaintiff’s work to overcome the one or two-family dwelling exception found in Labor Law sections 240 and 241.
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