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New Edition of The Appeals Attorneys
"The Appeals Attorneys" is a publication from my firm's Appellate Advocacy Group. It includes summaries of cases that will be heard by the high courts in Connecticut, New Jersey, New York, and Pennsylvania. For New York, this edition includes the... Continue reading
Posted Apr 15, 2013 at New York Civil Law
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Governor Cuomo Nominates Justice Sheila Abdus-Salaam to the New York Court of Appeals
I'm posting about a story that broke last Friday, but better late than never. Governor Cuomo nominated Justice Sheila Abdus-Salaam to the New York Court of Appeals on Friday, April 5, 2013 to fill the seat previously held by the... Continue reading
Posted Apr 10, 2013 at New York Civil Law
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The New York Court of Appeals Grants Leave Concerning The Proper Analysis for Causation As To a Negligence Claim of Failing to Procure Sufficient Policy Limits for Business Interruption Coverage
The Court of Appeals' granted leave to appeal in Voss v The Netherlands Ins. Co., 98 AD3d 1325 (4th Dept. 2012) (Motion for leave to appeal granted on Feb. 14, 2013). Here is a summary of the matter concerning business... Continue reading
Posted Apr 9, 2013 at New York Civil Law
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Have Gavel, Will Travel: Appellate Division, Second Department Hears Argument at St. John's Law School
On April 4, 2013, the Appellate Division, Second Department will hold its first ever sitting at a law school (see press release). The Court will hear these arguments at St. John's Law School (see this summary here from St. John's... Continue reading
Posted Apr 2, 2013 at New York Civil Law
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New York Times Article on Legal Dispute Shines Light on Abuses of Law Firm Billing
The New York Times recently published this article on a legal dispute between a former client and an internation law firm. The article is less about the lawsuit and more about issues with attorneys in law firms inflating their bills.... Continue reading
Posted Mar 26, 2013 at New York Civil Law
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Diversity & Nominating A Judge to the New York Court of Appeals
Former Chief Judge Wachtler wrote this thoughtful piece in the Times Union about the importance of diversity of our country's judiciary. We still await New York Governor Cuomo's nomination for the next judge for the New York Court of Appeals. Continue reading
Posted Mar 25, 2013 at New York Civil Law
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New York Court of Appeals Will Hear Oral Argument Today Re: Whether Verified Pleading Suffices to Raise Issue of Fact on Summary Judgment
The New York Court of Appeals will hear oral argument today in Sanchez v. Nat'l R.R. Passenger Corp., among other appeals (here is the summary). The case addresses an interesting issue concerning evidentiary proof in a summary judgment motion. The... Continue reading
Posted Mar 21, 2013 at New York Civil Law
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New York Court of Appeals Hears Oral Argument Today on CPLR article 52 Issue
The New York Court of Appeals will hear, among others, oral argument in Verizon New England Inc. v. Transcom Enhanced Servs., Inc. The case concerns nuances of enforcing a judgment in New York (see appeal summary here). Continue reading
Posted Mar 20, 2013 at New York Civil Law
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Judge Rivera's First and Second Days of Oral Arguments at the New York Court of Appeals
The New York Law Journal published this article yesterday on Judge Rivera's welcome to the New York Court of Appeals. Here is a list of the oral arguments before the Court yesterday and the arguments for today starting at 2:00... Continue reading
Posted Mar 19, 2013 at New York Civil Law
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New York's Commission on Judicial Nomination Forwards List of New York Court of Appeals Candidates
New York Governor Andrew Cuomo has the opportunity to shape the Bench of the New York Court of Appeals during his first term and, if re-elected, second term. In light of Judge Theodore Jones’ untimely death, the Governor has yet... Continue reading
Posted Mar 18, 2013 at New York Civil Law
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Musical Tribute to Adam "MCA" Yauch Today at 11:00 a.m.
Posted May 6, 2012 at The Modern Retro Groove Experience
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Defamation - New York Court of Appeals' Addresses Long-Arm Jurisdiction Within Context of Defamation Suit
SPCA of Upstate N.Y., Inc. v. American Working Collie Assn. (Motion for leave granted on Dec. 16, 2010) 74 A.D.3d 1464 (3d Dep’t 2010) This appeal addresses the almost entirely subjective issue of long-arm jurisdiction in a defamation action. New... Continue reading
Posted Jun 16, 2011 at New York Civil Law
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Defamation - New York Court of Appeals Addresses Fact Versus Opinion in Summary Judgment Context
Halstead v. Brokaw (Motion for leave to appeal granted on Dec. 10, 2010) 74 A.D.3d 1283 (2010) The appeal concerns one of three related actions to recover damages for defamation. The novel issue appears to concern a court’s determination of... Continue reading
Posted Jun 15, 2011 at New York Civil Law
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Serious Injury – New York Court of Appeals Hears Oral Arguments on Findings of Limitations of Range of Motion Contemporaneous With the Subject Motor-Vehicle Accident
Adler v. Bayer (Motion for leave to appeal granted on Jan 18, 2011) 2010 N.Y. Slip Op. 07300 (Oct. 12, 2010) The Second Department has developed a line of analysis regarding demonstrating a prima facie case of “serious injury” pursuant... Continue reading
Posted Jun 13, 2011 at New York Civil Law
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Serious Injury Part II – New York Court of Appeals Hears Oral Arguments on Findings of Limitations of Range of Motion Contemporaneous With the Subject Motor-Vehicle Accident
Travis v. Batchi (Motion for leave to appeal granted on February 10, 2011) 75 A.D.3d 411 (1st Dep’t 2010) This appeal from the First Department addresses the same issue of contemporaneous findings. The Court noted that the examination records of... Continue reading
Posted Jun 12, 2011 at New York Civil Law
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New York Court of Appeals Will Hear Oral Arguments on Automatic Renewal of Services Provision for Contract for Service Under General Obligations Law §§ 5-902 and 5-903
Ovitz v. Bloomberg L.P. (Motion for leave granted on Feb. 17, 2011) 77 A.D.3d 515 (1st Dep’t 2011) We are all familiar with those magazine subscription deals and the like where you sign up for a free trial period, and... Continue reading
Posted Jun 10, 2011 at New York Civil Law
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New York Administrative Law - New York Court of Appeals Will Hear Appeal As to Power of Agency to Amend Regulation
Metropolitican Taxicab Bd. of Trade v. New York City Taxi & Limousine Comm. (Motion for leave granted on Dec. 14, 2010) 71 A.D.3d 508 (1st Dep’t 2010) Although this appeal addresses the New York City Taxi & Limousine Commission’s authority... Continue reading
Posted Jun 8, 2011 at New York Civil Law
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New York Administrative Law - New York Court of Appeals' Will Hear Appeal on Review of Bids for Municipal Contracts
Matter of AAA Carting & Rubbish Removal, Inc. v. Town of Southeast (Motion for leave to appeal granted on Nov. 23, 2010) 74 A.D.3d 959 (2d Dep’t 2010) This appeal impacts public entities and their ability to analyze and chose... Continue reading
Posted Jun 7, 2011 at New York Civil Law
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New York Court of Appeals Will Hear Appeal on Applicability of Business Corporation Law § 630 to Foreign Corporations/Personal Exposure of a Corporation’s 10 Largest Shareholders
Stuto v. Kerber (Motion for leave granted on Feb. 15, 2011) 77 A.D.3d 1233 (3d Dep’t 2010) This appeal will not only offer an analysis of Business Corporation Law § 630, it will likely also provide practitioners with a good... Continue reading
Posted Jun 5, 2011 at New York Civil Law
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New York Insurance Law – New York Court of Appeals Will Hear Appeal on Notice to Insurer Concerning “Claims Made” Insurance Policy
McCabe v. St. Paul Fire & Marine Ins. Co. (Motion for leave to appeal granted on May 3, 2011) Has the Fourth Department determined that an insurer regarding a “claims made” insurance policy need not receive a report of a... Continue reading
Posted Jun 5, 2011 at New York Civil Law
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New York Evidence/New York Court of Appeals Grants Motion for Leave to Appeal - Secondary Evidence
Clarke v. Rodriguez (Motion for leave to appeal granted on Nov. 23, 2010) 73 A.D.3d 677 (2d Dep’t 2010) Trial attorneys will want to follow this appeal concerning a point of a little-discussed exception to the best evidence rule. The... Continue reading
Posted Jun 3, 2011 at New York Civil Law
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New York Workers’ Compensation Law/New York Court of Appeals Grants Leave To Appeal - Presumption of Compensability/Unexplained Death
Matter of Cappellino v. Baumann & Sons Bus Co. (Motion for leave to appeal granted on November 18, 2010) 52 A.D.3d 1058 (3d Dep’t 2008) This particular appeal has been in the works for quite some time. It concerns an... Continue reading
Posted Jun 2, 2011 at New York Civil Law
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Arbitration/New York Court of Appeals Grants Leave to Appeal - Vacating Award Based on Bias or Partiality
U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc. (Motion for leave to appeal granted on Nov. 18, 2010) 73 A.D.3d 497 (1st Dep’t 2010) This appeal addresses the judicial review of arbitration awards and in what instances may a court... Continue reading
Posted Jun 1, 2011 at New York Civil Law
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New York Workers’ Compensation/Motion for Leave to Appeal to New York Court of Appeals – Interplay Between WCL §§ 15(3)(w) & 27(2)
Matter of Collins v. Dukes Plumbing & Sewer Serv., Inc. (Motion for leave to appeal granted on Nov. 17, 2010 75 A.D.3d 697 (3d Dep’t 2010) These appeals concern the interplay between the recent amendments to Workers’ Compensation Law §§... Continue reading
Posted May 31, 2011 at New York Civil Law
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Appellate Division, Third Department's Curious Holding Regarding Recurring Dangerous Condition in Premises Liability
Last Thursday, the Appellate Division, Third Department in Black v. Kohl's Dept. Stores, Inc. held that general awareness of that a dangerous condition may be present on its premises might be enough to hold a premises owner liable. The case... Continue reading
Posted Jan 18, 2011 at New York Civil Law
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