FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 05/06/08


ADMINISTRATIVE LAW, EVIDENCE, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE

In the Matter of IG Second Generation Partners L.P. v. New York State Div. of Hous. and Cmty. Renewal, No. 67
In an appeal addressing whether the Division of Housing and Community Renewal (DHCR) had the authority to cancel rent arrears owed by a rent-stabilized tenant as a result of DHCR’s resolution of an unusually protracted fair market rent appeal, the court of appeals rules that DHCR did not have the authority under the circumstances of this case.

 

 

COMMERCIAL LAW, CONSUMER PROTECTION LAW, CONTRACTS, CORPORATION & ENTERPRISE LAW, EVIDENCE, INJURY AND TORT LAW

Pludeman v. N. Leasing Sys., Inc., No. 64
The court of appeals rules that plaintiffs sufficiently pleaded a cause of action for fraud against individually-named corporate defendants pursuant to CPLR 3016(b) where it was not unequivocal, as a matter of law, that a finder of fact could not reasonably infer the requisite knowledge or participation by the individual defendants in an act of fraud.

 

 

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Umali, No. 66
Conviction for manslaughter in the first degree is affirmed where: 1) precluding defendant from speaking to counsel about his testimony during a trial recess did not deprive his right to counsel, as the ban on attorney-client communication was rescinded promptly after defendant’s protest; 2) the jury charge as a whole accurately stated that the government had to disprove the justification defense beyond a reasonable doubt; and 3) defendant’s remaining contentions were either unpreserved, meritless, or harmless.