FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 10/16/07

LATEST SUMMARIES

CIVIL PROCEDURE, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION

Stark v. Molod Spitz DeSantis & Stark, P.C., No. 114In case involving terminated partner and her former law firm, dismissal of certain causes of action related to prior special proceeding and resolved by stipulated settlement, dismissal of another claim for failure to state a claim, and grant of motion to arbitrate gender discrimination claim is reversed as to the order of the Appellate Division that: 1) reinstated the causes of action; 2) denied the firm’s motion to compel arbitration; and 3) granted plaintiff’s cross motion to stay arbitration.

CIVIL PROCEDURE, EVIDENCE, INJURY AND TORT LAW

Ortega v. City of New York, No. 118The tort of third-party negligent spoliation of evidence is not cognizable in New York, as it is not clear that existing New York remedies are inadequate to deter spoliation or appropriately compensate its victims.

CRIMINAL LAW & PROCEDURE, EVIDENCE

In the Matter of Victor M., No. 120In case where appellant was adjudicated a delinquent and placed in the custody of the Office of Children and Family Services, the order of disposition is reversed where the police search in this case was unreasonable as a matter of law, and the drugs found on appellant during the search must be suppressed. 

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