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New York Civil Law
Recent Activity
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The New York Appellate Division, Second Department handed down an interesting Labor Law § 240 (1) decision. Continue reading
Posted Sep 28, 2020 at New York Civil Law
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A collection of beautiful tributes to Justice Ruth Bader Ginsburg. Continue reading
Posted Sep 25, 2020 at New York Civil Law
Posted Sep 24, 2020 at New York Civil Law
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The facts in the recent Appellate Division, First Department case Diaz v Raveh Realty, LLC concern an important aspect of New York's Scaffold Law -- Labor Law § 240( 1). Continue reading
Posted Sep 21, 2020 at New York Civil Law
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Do you rise and grind? Do you hustle everyday? How is your side hustle? While you're hustling and side hustling, are you practicing mindfulness and wellness? In the 1970s, hustling was about dancing and having fun. (see The Hustle by... Continue reading
Posted Sep 17, 2020 at New York Civil Law
The New York Court of Appeals' recent memorandum decision in Barry v Lee, on its face, is cryptic and indicates a summary-judgment, burden shifting analysis.1 The case concerns an interesting theory in the medical malpractice context -- i.e., whether rendering... Continue reading
Posted Sep 14, 2020 at New York Civil Law
The facts in the recent Appellate Division, Second Department decision in Torres v City of New York are a good example of an attorney's need to listen closely to the court's charge to the jury. Continue reading
Posted Sep 14, 2020 at New York Civil Law
Spoliation of evidence is an interesting issue. The Appellate Division, First Department recently worked through interesting issues in a product liability case -- Rossi v Doka USA, Ltd. The lesson to both parties is "spoliation" isn't a magic word you... Continue reading
Posted Sep 4, 2020 at New York Civil Law
This post is the first in series of weekly posts about attorney burnout, anxiety, and depression. Run DMC and depression, who would have thought those words shared the same space? I have noticed the stigma of mental-health issues diminish in... Continue reading
Posted Sep 3, 2020 at New York Civil Law
The New York Court of Appeals answered the following two certified questions from the US Court of Appeals for the Third Circuit concerning General Business Law sec. 349 in Plavin v Group Health Inc.: "Where a contract of insurance is... Continue reading
Posted Aug 31, 2020 at New York Civil Law
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Consider this blog a phoenix rising from the ashes of the blawgosphere. In 2004, I created New York Civil Law when I first entered private practice. Somehow, New York Civil Law gained attention and a number of loyal readers over... Continue reading
Posted Aug 30, 2020 at New York Civil Law
Capital New York published this article on the nominees for the Chief Judge position of the New York Court of Appeals. Continue reading
Posted Oct 21, 2015 at New York Civil Law
"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
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
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
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
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
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
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
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
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
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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Adam "MCA" Yauch passed away this past Friday, May 4, 2012. The Beastie Boys have been part of my musical exploration for the past 25 years. Therefore, it is fitting that my first broadcast on The Modern Retro Groove Experience will be a dedication to MCA (including BB songs, MCA... Continue reading
Posted May 6, 2012 at The Modern Retro Groove Experience
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
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