Judge Graffeo

Bullying is bad, but free speech is important. That’s the (extremely simplified) gist of People v. Marquan M., a Court of Appeals Decision dated July 1, 2014. The court, in an opinion authored by Judge Graffeo, held that an Albany Law aimed at prohibiting “cyberbullying” was unconstitutional. The facts, according to the court: [Defendant], a student…

Read More NY Court of Appeals Strikes Down Albany’s “Cyberbullying” Law
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In Wittorf v. City of New York, a bicycle injury case, the Court of Appeals reinstated an approximately $2 million jury verdict against the City. The court’s decision turned on the subtle, yet critical, distinction between “proprietary” and “governmental” functions. Judge Graffeo authored the opinion. Here are the facts of this bicycle injury case: On the…

Read More Court of Appeals Reinstates $2M Bicycle Injury Verdict, Finding That Closing Road Was a “Proprietary” Governmental Function
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