Decision: 2020.11.24 Argument: 2020.10.14 vid. tr. Whether excess insurer defendant waived argument relating to its obligation to cover interest on personal injury judgment. Whether Supreme Court properly granted reargument to consider interest issue. Whether Supreme Court properly interpreted excess insurance policy.
October Session
DiLorenzo v. Windermere
Decision: 2020.11.19 Argument: 2020.10.14 vid. tr. Whether defendants, original and successor owner of residential building, substantiated defendants’ claims that they made sufficient expenditures for individual apartment improvements, thereby rendering subject apartment exempt from rent stabilization; whether plaintiff waived claim regarding useful life of improvements.
Matter of Green v. Laclair
Decision: 2020.11.23 Argument: submission Whether petitioner is subject to Executive Law § 259–c(14),which prohibits certain inmates being released from custody from knowingly entering into or upon any school grounds; petitioner, a level three sex offender, was serving a sentence for an offense not enumerated in section 259-c prior to his release from custody. Related Case:…
McCurdy v. Warden
Decision: 2020.11.23 Argument: 2020.10.13 vid. tr. Whether Department of Corrections and Community Supervision had authority to place a level three sex offender who already completed more than six months of postrelease supervision into Residential Treatment Facility where sex offender was unable to locate housing compliant with the Sexual Assault Reform Act; application of Penal Law…
People ex rel. Johnson v. Superintendent, Adirondack Correctional Facility
Decision: 2020.11.23 Argument: 2020.10.13 vid. tr. Whether the mandatory condition on parole release imposed under Executive Law § 259-c(14) is violative of substantive due process under the Federal or State Constitution. Related Case: People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility; McCurdy v. Warden; Ortiz v. Breslin.
People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility
Decision: 2020.11.23 Argument: 2020.10.13 vid. tr. Whether petitioner is subject to Executive Law § 259–c(14),which prohibits certain inmates being released from custody from knowingly entering into or upon any school grounds; petitioner, a level three sex offender, was serving a sentence for an offense not enumerated in section 259-c prior to his release from custody….
People ex rel. Ortiz v. Breslin
Decision: 2020.11.23 Argument: 2020.10.13 vid. tr. Whether DOCCS may constitutionally place a level three sex offender into a residential treatment facility until he can secure SARA compliant housing.
Sutton 58 Associates v. Pilevsky
Decision: 2020.11.24 Argument: 2020.10.15 vid. tr. Whether plaintiff’s state law claims are preempted by federal law; sole damages sought by plaintiff were losses resulting from the delay of a real estate project due to bankruptcy filing of two nonparty entities.
Trustees of Columbia Univ. v. D’Agostino Supermarkets
Decision: 2020.11.24 Argument: 2020.10.15 vid. tr. Whether liquidated damages provision of a commercial lease surrender agreement was enforceable.