In the three decisions that we address this month, the Court of Appeals was, atypically, divided. In each case, the majority and dissenting opinions engaged in spirited discussion of the other’s analysis. In a criminal appeal, the Court upheld (4-3) traffic stops made after a Vehicle & Traffic Law violation is observed but for the purpose of investigating other suspected wrongdoing. In a malpractice action, the Court held (6-1) that defendants were collaterally estopped by the result in a separate litigation defended by their former law partner. And in a challenge by landlords to a New York City Local Law effecting the calculation of rent for rent-controlled apartments, the Court upheld (5-1) the Local Law.
1) Pretextual Traffic Stops
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