ADMINISTRATIVE LAW, CONSTRUCTION, PROPERTY LAW & REAL ESTATE
Peckham v. Calogero, No. 48
In an appeal from the Department of Housing and Community Renewal's (DHCR) approval of Respondent's application to terminate Petitioner's lease and demolish its building, judgment for Respondent is affirmed, where Respondent submitted adequate evidence of its financial ability to conduct the demolition and reconstruction.
CRIMINAL LAW & PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, SENTENCING
People v. Borrell, No. 61
Defendant's robbery sentence is affirmed where Defendant argued that counsel performed ineffectively by declining to raise the legality of Defendant's sentence, but Defendant failed to show the absence of strategic or other legitimate explanations for counsel's choice.
HEALTH LAW, INJURY AND TORT LAW
Infante v. Dignan, No. 56
In an Article 78 action seeking a declaration that the cause of Plaintiff's decedent's death was not suicide, judgment for Defendants is affirmed where: 1) there was evidentiary support for the medical examiner's determination; and 2) the common-law presumption against suicide did not apply.
INJURY AND TORT LAW, INSURANCE LAW
Green v. William Penn Life Ins. Co., No. 55
In an action for life insurance proceeds, judgment for Defendant is affirmed where: 1) there was considerable evidence supporting Defendant's contention that Plaintiff's decedent committed suicide; and 2) the presumption against suicide did not require judgment for Plaintiff as a matter of law.
INJURY AND TORT LAW, PRODUCT LIABILITY
Passante v. Agway Csmr. Prods., Inc., No. 58
In a personal injury action based on an allegedly defective dock leveler, the Appellate Division's judgment dismissing Plaintiff's failure to warn and defective design claims is reversed, where Defendants did not refute the opinion of Plaintiff's expert that the dock leveler posed an unreasonable risk of harm to its operator.