FINDLAW: Daily Opinion Summaries for New York Court of Appeals – 6/11/0

CIVIL PROCEDURE, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE

Bloomingdales, Inc. v. N.Y. City Trans. Auth., No. 99
In an action based on the flooding of Plaintiff’s building due to a severed drainpipe, summary judgment for Defendants is reversed, where the statute of limitations was tolled because a trespass that constitutes an unlawful encroachment on a plaintiff’s property is a continuous trespass giving rise to successive causes of action.

CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW

People v. Davis, No. 86
Defendant’s conviction for being in a park after closing time is affirmed, where: 1) the use of a Judicial Hearing Officer to adjudicate the matter complied with the New York Constitution; and 2) the indictment did not need to plead that no police officer or Parks Department employee authorized Defendant to ignore a posted closing time.

CRIMINAL LAW & PROCEDURE

People v. Bailey, No. 97
Defendant’s forgery conviction is reversed, where knowledge that the bills he was carrying were counterfeit was not alone sufficient to hold him criminally liable for possessing a forged instrument, because the government was required to prove his intent to use them.

CRIMINAL LAW & PROCEDURE

People v. Marte, No. 96
Defendant’s robbery conviction is affirmed, where the trial court properly denied Defendant’s motion to suppress evidence from a police lineup, because the rules authorizing suppression of eyewitness evidence tainted by suggestion do not apply when the suggestion did not come from law enforcement.

GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, TAX LAW

Lackawanna Cmty. Dev. Corp. v. Krakowski, No. 83
In an action by a tax assessor seeking to tax real property owned by a nonprofit corporation, judgment for Plaintiff is affirmed where the property was “used” within the meaning of RPTL section 420-a(1)(a) by the for-profit lessee for manufacturing activities, and not by Defendant for an exempt purpose.