FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 12/18/08


CONTRACTS, FAMILY LAW, INTERNATIONAL LAW

Kipnis v. Kipnis, No. 213
A prenuptial agreement executed under French law is enforceable in New York and prohibits wife from claiming portion of husband’s separate property.
CRIMINAL LAW & PROCEDURE, SENTENCING

People v. Mills, No. 207, 208
In order to qualify for resentencing under the Drug Law Reform Act of 2005, class A-II felony drug offenders must not be eligible for parole within three years of their resentencing applications. Once a defendant has been released to parole supervision for a class A-II drug felony conviction, he no longer qualifies for resentencing for that particular conviction under the Act.

GAMING LAW, SPORTS LAW

In the Matter of Suffolk Reg’l Off-Track Betting Corp., No. 209
Off-Track Betting Corporations cannot credit commissions derived from daytime harness racing against mandated maintenance of effort payments. Racing Law section 1017-a requires that maintenance of effort payments be distributed on a track-by-track (not regional) basis. Racing Law section 1017 requires these Corporations to make dark day payments to their respective regional harness tracks.
INJURY AND TORT LAW

D’Onofrio v. City of New York, No. 169, 170
Under Pothole Law, City was not liable for injuries of plaintiffs who fell on city sidewalks because the injuries were not caused by sidewalk defects of which City had been given prior written notice. As to first plaintiff, although City had written notice of the sidewalk defect, plaintiff’s injury was not caused by that defect. As to second plaintiff, symbol on pothole map was not sufficiently clear to constitute written notice of the sidewalk defect.

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