Weekly case summaries from the New York Court of Appeals, from FindLaw.com.
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New York Court of Appeals
Digest for Week of April 5th, 2016

New York Court of Appeals Case Summaries

Contents:

Chanko v. Am. Broadcasting Companies

March 31, 2016
Health Law, Injury & Tort Law, Media Law
(Court of Appeals of New York) - In an injury and tort action, brought against defendants ABC News, a hospital, and attending physician for the nonconsensual filming and subsequent broadcast of decedent's treatment and death at the hospital, the Appellative Division's order is modified and affirmed where: 1) the broadcasting of the footage as part of a documentary series about medical trauma was not so extreme and outrageous as to support an intentional infliction of emotional distress claim; but 2) plaintiffs have stated a cause of action against the hospital and treating physician for breach of physician-patient confidentiality.
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In re Sand and Stone Corp.

March 31, 2016
Environmental Law, Property Law & Real Estate
(Court of Appeals of New York) - In an environmental action, challenging a Town Board's positive declaration under the State Environmental Quality Review Act (SEQRA) and requiring a draft environmental impact statement, the trial court's dismissal of the petition is affirmed where the positive declaration is not justiciable and the case not ripe for judicial review.
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In re N.Y.C. C.L.A.S.H.

March 31, 2016
Environmental Law
(Court of Appeals of New York) - In a health action challenging the New York State Office of Parks, Recreation and Historic Preservation (OPHRP)'s regulation prohibiting smoking in certain outdoor locations, the Appellate Division's order is affirmed where the OPRHP acted within the confines of legislation in enacting the regulation at issue.
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In re Aoki

March 31, 2016
Probate, Trusts & Estates
(Court of Appeals of New York) - In a trusts and estates action, the Appellate Divisions' order is affirmed where defendant, the wife of decedent, founder of the Benihana restaurant chain, failed to raise a triable issue of fact that two irrevocable releases signed by decedent were signed as a result of fraud or other wrongful conduct.
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People v. Gray

March 31, 2016
Criminal Law & Procedure
(Court of Appeals of New York) - Conviction for second-degree intentional murder is affirmed where defendant's attorney did not render ineffective assistance of counsel by failing to move to reopen the suppression hearing following a detective's trial testimony about his interview with defendant.
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Gov't Employees Ins. v. Avanguard Med. Group

March 31, 2016
Health Law, Insurance Law, Health Law
(Court of Appeals of New York) - In an insurance action, brought by plaintiff insurance companies seeking declaratory relief, the Appellate Division's order is affirmed where Insurance Law section 5102 does not require no-fault insurance carriers to pay a facility fee to reimburse New York State-accredited office-based surgery centers for the use of their facilities and related support services.
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