FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 11/20/07

CIVIL PROCEDURE, CIVIL RIGHTS, CORP. GOVERNANCE

Congregation Yetev Lev D’Satmar, Inc. v. Kahana , No. 142Resolution of an election controversy between two rival factions of a religious congregation cannot be achieved through the application of neutral principles of law. Such resolution involves judicial intrusion into matters of religious doctrine.

CIVIL RIGHTS, PROPERTY LAW & REAL ESTATE

Congregation Yetev Lev D’Satmar of Kiryas Joel, Inc. v. Congregation Yetev Lev D’Satmar, Inc., No. 143In dispute over the ownership of a cemetery for members of the Satmar community, a distinct sect of Orthodox Judaism, reversal of summary judgment for plaintiffs, and voiding conveyance of one-half interest in cemetery property to plaintiff Monroe Congregation is affirmed where support in the record exists for the Appellate Division’s finding that the transfer was not in the best interests of defendant Brooklyn Congregation.

CONSTRUCTION, INJURY AND TORT LAW

Corsino v. N.Y.C. Transit Auth., No. 182 SSM 29In negligence suit, order should be modified by denying summary judgment as to certain defendants where triable issues of fact exist as to whether hazardous condition causing injured plaintiff’s fall was the result of negligence and as to whether the owner and contractor defendants exercised the requisite control over one defendant’s work. As another defendant did not exercise supervisory or safety control over the work in question, the complaint was properly dismissed.

CONTRACTS, HEALTH LAW, INJURY AND TORT LAW, INSURANCE LAW

Hosp. for Joint Diseases v. Traveler’s Prop. Cas. Ins. Co., No. 140In action by plaintiff hospital to recover no-fault insurance benefits for services rendered to a patient injured in a motor vehicle accident, the insurance company’s failure to timely request verification of the patient’s assignment of benefits to the hospital precludes the carrier from now contesting the validity of the assignment.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Greene, No. 139Evidence obtained as a result of a violation of the physician-patient privilege need not be suppressed at a criminal trial.

CRIMINAL LAW & PROCEDURE

People v. Jones, No. 145Conviction based on guilty plea to disorderly conduct is vacated where the factual allegations in the accusatory instrument failed to establish a prima facie case.

INJURY AND TORT LAW, SPORTS LAW

Haymon v. Pettit, No. 151A baseball park operator owes no duty to warn or protect non-patron spectators who are injured while chasing foul balls that are hit out of the stadium. 

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