FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 10/23/07

CIVIL PROCEDURE, CONTRACTS, INJURY AND TORT LAW

City of New York v. Welsbach Elec. Corp., No. 121In indemnification and contribution action by plaintiff city against defendant regarding defendant’s maintenance of traffic signals relative to a car accident, filed after plaintiff city was found liable, the Appellate Division erred in concluding that plaintiff was barred by the doctrines of res judicata and collateral estoppel from maintaining its action for indemnification or contribution against defendant.

CIVIL PROCEDURE, PROFESSIONAL MALPRACTICE

GML, Inc. v. Cinque & Cinque, P.C., No. 179 SSM 20In legal malpractice action brought by Tennessee plaintiffs against New York defendants, summary judgment for defendants on ground that the case was untimely is affirmed over claim that since defendants were not subject to in personam jurisdiction in Tennessee, plaintiffs should be able to utilize Tennessee’s tolling provision.

CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Taylor, No. 123As New York’s jury deadlock instruction under CPL 400.27 was held, in People v LaValle (3 NY3d 88 [2004]), to violate the State Constitution, an earlier attempt by a trial court to minimize the coercive effect of the flawed jury deadlock instruction in a death penalty case requires vacating defendant’s death sentence under the doctrine of stare decisis. 

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