Claimant, as limited administratrix of her late husband’s estate, seeks damages for his wrongful death which allegedly occurred when, as he drove his automobile along a New York State highway, he left the lane of travel colliding with a guide rail, causing his automobile to flip over and land on…
This is a proceeding wherein the defendant moves pursuant to CPL 330.30 and 370.10 for an order setting aside the verdict upon the grounds that (1) the court committed reversible error by improperly allowing the People’s challenge “for cause” of a prospective juror and the People’s peremptory challenges were ultimately…
People v Lopresti Court Discusses Vacation of a Practicing Attorney Previous Conviction The defendant, a practicing attorney and former Assistant District Attorney, in 2006 was charged and indicted for Operating a Motor Vehicle While under the Influence of Alcohol as a felony after being involved in an accident and having.17…
Teri Gottlieb Et Al Respondents, V Jerry B. Stern, Defendant, and Paramus Auto Mall, Inc., Et Al., Appellants. Court Discusses Whether an Employer is Vicariously Liable for Tortious Acts Committed by an Employee The plaintiff brought action against an employee of automobile dealership and the automobile dealership for personal injuries…
This is a proceeding wherein the defendant, ND, charged with operating a motor vehicle while having .08 of one per centum or more by weight of alcohol in her blood (Vehicle and Traffic Law § 1192 [2]) and operating a motor vehicle while in an intoxicated condition (Vehicle and Traffic…
A defendant is arrested for driving while intoxicated. He is not given Miranda warnings. He is given inadequate “refusal” warnings in connection with a request by the police that defendant consent to submit to a chemical “breathalyzer test” for the presence of alcohol in his system. Defendant answers (while videotaped)…
Two men, including the owner, were sitting in a car in the garage when someone approached from behind and ordered them to get out and not to turn around. The owner of the car originally testified that he saw the attacker holding a gun, but he indicated that he had…
Defendant was charged with felony drunk driving. Defendant then moved to vacate his 2003 misdemeanor conviction of Operating a Motor Vehicle under the Influence of Alcohol which was entered via a plea of guilty. According to the defendant, in an affidavit, he was not aware when he pled guilty in…
Defendant was charged with criminal felony drunk driving. Defendant then moved to vacate his 2003 misdemeanor conviction of Operating a Motor Vehicle under the Influence of Alcohol which was entered via a plea of guilty. According to the defendant, in an affidavit, he was not aware when he pled guilty…
On January 26, 2011, a man was charged with five counts including, driving while intoxicated (count one), resisting arrest (count two), harassment in the second degree (count three), parking upon pavement (count four), and possession of open containers in a motor vehicle (count five). He moved for suppression of all…