FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 04/24/08

ADMINISTRATIVE LAW, PROPERTY LAW & REAL ESTATE, SECURITIES LAW, TAX LAW

In the Matter of Steel Los III/Goya Foods, Inc. v. Bd. of Assessors of County of Nassau, No. 49, 50
Nassau County Administrative Code (NCAC) section 6-26.0(b)(3)(c) applies to “payments-in-lieu-of-taxes” (PILOT payments), thus making deficits incurred by affected taxing jurisdictions resulting from property over-assessments “a county charge.”
ASSET FORFEITURE, COMMERCIAL LAW, DEBT COLLECTION, PROPERTY LAW & REAL ESTATE

Solow Mgmt. Corp. v. Tanger , No. 62
Posting of an appeal bond by a judgment debtor after a marshal has executed a levy on the judgment debtor’s assets does not constitute affirmative interference with a marshal’s collection process which would entitle the marshal to poundage fees.
CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Mitchell, No. 51
Conviction for burglary and related charges is affirmed over defendant’s claims that his burglary conviction should be reversed because he was indicted only on one count of burglary, yet the trial jury was able to consider two alleged entries into the building, and it was unclear which of those resulted in the conviction.
ETHICS & PROFESSIONAL RESPONSIBILITY, PROPERTY LAW & REAL ESTATE

Rivkin v. Century 21 Teran Realty LLC, No. 68
In a case addressing the scope of fiduciary duty owed by buyer’s agents affiliated with a real estate brokerage firm when their principals bid on the same property, the court of appeals rules that, unless a real estate brokerage firm and principal specifically agree otherwise, the firm is not obligated to insure that its affiliated licensees forego making offers on behalf of other buyers for property on which the principal has already bid.
INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, PROPERTY LAW & REAL ESTATE

Sanatass v. Consol. Investing Co., Inc., No. 60
A property owner is liable for a violation of Labor Law section 240(1) which proximately caused injury to a worker, even though a tenant of the building contracted for the work without the owner’s knowledge.