Robert M. Cohen Attorney at Law

Selected Reported Cases

Here is a selection of reported cases handled by Robert M. Cohen.

Mr. Cohen concentrates on appeals, motions and Article 78 proceedings. This is a list of just a few of the cases he has handled, selected to show the wide range of subject matter he has dealt with:

• Zorn v Gilbert, 8 NY3d 933, 834 NYS2d 702. In an attorney malpractice action, the continuous representation doctrine tolled the statute of limitations where the attorney was continuing to perform legal services for the client after judgment had been entered in the case. The order of the Appellate Division affirming the dismissal of the case was reversed.
• Matter of Diffin v Towne, 47 AD3d 988, 849 NYS2d 687. Custodial mother's military duty overseas could be considered in determining whether there was a change in circumstances sufficient to permit a court to consider the child's best interests. After the mother returned from active duty, for another change in physical custody the mother had to demonstrate that the child's best interests would be enhanced by return of custody to the mother.
• Messemer v Messemer, 272 AD2d 672, 706 NYS2d 786. Divorce action. Appellate court modified trial court's award of spousal support, holding that the spousal maintenance obligation would terminate upon his retirement.
• Matter of Estate of Urbach, 252 AD2d 318, 683 NYS2d 631. Estate matter. Appellate Division modified, reversing portion of decree that charged legal fees and disbursements against heir's residuary share and holding they should be charged against the estate.
• Matter of Hughes v McCall, 245 AD2d 904, 666 NYS2d 847. Article 78 proceeding. The court disagreed with the Retirement System's finding that overtime in years prior to retirement, which had not been assigned preferentially in anticipation of retirement, could not be excluded from salary base used to calculate retirement benefits.
• Merchants Mutual Insurance Company v Allcity Insurance Company, 245 AD2d 590, 664 NYS2d 690. Declaratory judgment action. Courts examined provisions of insurance policy and determined that the insurer had not been obliged to disclaim coverage based on policy's pollution exclusion, and the insurer had not waived the right to disclaim coverage.
• Time Associates v Blake Realty, 212 AD2d 879, 622 NYS2d 816. Creditor sued on a promissory note. Appellate court, reversing trial court, held that the seller of a real estate firm breached a noncompetition clause in the parties' contract and that a liquidated damages provision in the contract barred the seller's recovery of the balance of a note.
• Hunter v Hunter, 206 AD2d 700, 614 NYS2d 784. Divorce action. Appellate court held that the husband had failed to establish a recrimination defense, and that the trial court did not abuse its discretion in making equitable distribution of interest-bearing escrow account.
• Greater Poughkeepsie Library District v Town of Poughkeepsie, 81 NY2d 574, 618 NE2d 127, 601 NYS2d 94. Declaratory judgment action. Court of Appeals reversed Appellate Division and held a statute unconstitutional and that the town was not under a legal duty to make payments computed pursuant to that statute.
• Matter of LaBelle, 79 NY2d 350, 591 NE2d 1156, 582 NYS2d 970. Judicial misconduct case. Court of Appeals held, in rare case in which the court disagreed with the Commission on Judicial Conduct, that misconduct in failing to set bail in certain nonfelony cases warranted sanction of censure, not removal from office.
• Van Amerogen v Donninni, 78 NY2d 880, 577 NE2d 1035, 573 NYS2d 443. Action seeking to impose strict liability for injuries under Labor Law. Court of Appeals held that the owners of a four-bedroom house in which rooms were rented to college students were not entitled to statutory exemption applicable to owners of one and two-family dwellings, reversing Appellate Division.
• People v Chapman, 137 AD2d 884, 524 NYS2d 863. Criminal conviction. Appellate Division reversed and dismissed the indictment, holding that circumstantial evidence was insufficient to support defendant's conviction as an accessory.
• People v Hoffman, 135 AD2d 299, 525 NYS2d 376. Criminal conviction. Appellate Division held that defendant's motion to suppress tangible evidence and statements should have been granted. The conviction was reversed and the case remitted to the trial court.
• Holtslander v C.W. Whalen and Sons, 126 AD2d 917, 510 NYS2d 937, affirming on dissent below, 70 NY2d 962, 520 NE2d 512, 525 NYS2d 793. Action for personal injuries suffered by children when they fell through roof of tent used in church bazaar. Court of appeals held that there was a question for the jury as to whether it was foreseeable that children would climb on a tent erected in an area that children regularly used as a play area, hence trial court should not have dismissed action at close of plaintiff's case.
• Bouchard v Abbott, 110 AD2d 985, 488 NYS2d 275; 122 AD2d 375, 504 NYS2d 589. Action for injunctive relief to prevent landowner from interfering with easement rights to lake access. The appellate court ruled that the trial court had erred in finding that the plaintiffs had abandoned their easement and were entitled to injunctive relief. After remand to the trial court, on subsequent appeal the appellate court held that the trial court had failed to fulfill its duty and that the trial court was directed to enter judgment incorporating the appellate court's specific directives.
• Matter of Von Wiegen, 63 NY2d 163, 470 NE2d 838, 481 NYS2d 40. Attorney disciplinary matter. Court of Appeals held that prohibition of mail solicitation of accident victims as possible clients violated attorney's rights under the First and Fourteenth Amendments, and use of motto in attorney's flyer did not deceive the public and was permissible.
• People v Lombardi, 97 AD2d 278, 470 NYS2d 776. Criminal conviction. Appellate court held that statement should have been suppressed, that it was not freely and spontaneously made. The Appellate Division reversed the judgment and ordered a new trial.
• People v Whalen, 59 NY2d 273, 451 NE2d 212, 464 NYS2d 454. Criminal conviction. Court of Appeals reversed and remitted to the trial court for a new trial, holding that the prosecutor's summation was improper and prejudicial.
• Caprara v Chrysler Corporation, 52 NY2d 114, 417 NE2d 545, 436 NYS2d 251. Products liability action. Court of Appeals held that evidence of an alternate ball joint design adopted prior to the accident by another manufacturer was admissible, that expert testimony by an engineer who had experience in analyzing the performance of ball joints was admissible, and that evidence of a design change made by the manufacturer made after the accident was admissible.

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Robert M. Cohen, Attorney at Law
181 Wood Dale Drive
Ballston Lake, NY 12019
Phone: 518-406-6804

From his office in Ballston Lake, New York, near Albany, attorney Robert M. Cohen represents clients throughout the state of New York.