FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 4/7/09

CONTRACTS, EDUCATION LAW, LABOR & EMPLOYMENT LAW

Consedine v. Portville Cent. Sch. Dist., No. 30
In an action against a school district for breach of an employment agreement, judgment for Plaintiff is reversed, where Defendant could waive its statutory right to discharge a probationary school administrator at any time during the probationary term by entering into an employment contract, but Defendant did not waive that right by entering into its agreement with Plaintiff.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Contreras, No. 37
Defendant’s conviction for assault against his ex-wife is affirmed, where the trial court properly excluded the victim’s notes relating to her relationship with another man, because the notes were irrelevant to the charges, and given the sensitivity of the material the court properly conducted an ex parte hearing on their admissibility.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Fuentes, No. 35
Defendant’s rape conviction is affirmed, where the prosecution failed to disclose a psychological evaluation of the victim to Defendant before trial, but the document was not material and hence there was no Brady violation.

GOVERNMENT LAW, INJURY AND TORT LAW

Gorman v. Huntington, No. 43
In a personal injury action against a town based on a sidewalk slip and fall, summary judgment for Plaintiff is reversed where a municipal ordinance required written notice to the town of defects in a sidewalk and the town did not receive such notice.

NYTIMES:Vermont Legalizes Gay Marriage

Vermont Legalizes Gay Marriage – NYTimes.com

Vermont has become the fourth state to legalize gay marriage — and the first to do so with a legislature’s vote.

The Legislature voted Tuesday to override Gov. Jim Douglas’ veto of a bill allowing gays and lesbians to marry. The vote was 23-5 to override in the state Senate and 100-49 to override in the House. Under Vermont law, two-thirds of each chamber had to vote for override