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New York Civil Law
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New York Appellate Division Reminds Practitioners About Time Limit to Challenge A Referee's Order
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In a recent decision, the Appellate Division, First Department upheld the motion court's sua sponte finding that the defendants' challenge to the discovery referee's letter order was time-barred. Under CPLR § 3104 (d), the time period for an application to... Continue reading
Posted Feb 7, 2024 at New York Civil Law
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New York Chief Judge Rowan Wilson's Address to the House of Delegates of the New York State Bar Association
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On January 23, 2024, New York State Chief Judge Rowan Wilson of the New York Court of Appeals addressed the House of Delegates of the New York State Bar Association. The video of the speech is here. The link includes... Continue reading
Posted Feb 6, 2024 at New York Civil Law
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Appellate Division, First Department Applies Salazar versus Novalex Contracting Corp. in Recent Labor Law sec. 240 (1) Case
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Labor Law § 240 (1), New York's Scaffold Law, certainly has a broad reach. A recent New York Appellate Division, First Department case—Marte v Tishman Constr. Corp.—provides one example of the limits of the statute. Before discussing Marte, a short... Continue reading
Posted Jan 28, 2024 at New York Civil Law
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The New York Court of Appeals Decides Recent Appeal About Labor Law § 240 (New York's Scaffold Law) and Repairing A Commercial Vehicle
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The pendulum is an apt metaphor to analyze developments in the caselaw. New York's Scaffold Law—Labor Law § 240 (1), in particular—has the pendulum swinging back-and-forth more frequently than New York courts' interpretation of other statutes. The New York Court... Continue reading
Posted Jan 16, 2024 at New York Civil Law
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New York State Governor Hochul Vetoes New York Bill on Wrongful Death Statute - The Grieving Families Act
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New York's Governor Kathy Hochul recently vetoed The Grieving Families Act of 2023 (Download NY Gov. veto message on 2023 wrongful death bill). Governor Hochul vetoed a similar bill in 2022. The Act aimed to allow families of wrongful death... Continue reading
Posted Jan 9, 2024 at New York Civil Law
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New York Governor Hochul Vetoes Bill Concerning General Jurisdiction Over Foreign Corporations - Doing Business in New York State
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New York Governor Hochul recently vetoed a bill that could have affected companies doing business in the state. The New York Legislature may revisit a similar bill in the future, so businesses should stay vigilant. The bill focused on New... Continue reading
Posted Jan 2, 2024 at New York Civil Law
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New York Appellate Division, Third Judicial Department Addresses Level of Specificity Necessary for a Disclaimer of Coverage for Bodily Injury Arising Out of an Accident - Pt. 1
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The Appellate Division, Third Department recently addressed in Bahnuk v Countryway Ins. Co. the level of specificity necessary when an insurer seeks to disclaim coverage for bodily injury arising out of an accident. The Court held that the insurer must... Continue reading
Posted Apr 11, 2023 at New York Civil Law
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Breaking News - Justice Whelan of New York Supreme Court, Suffolk County Grants New York Senator Palumbo's Motion for a Declaration Concerning New York Court of Appeals Nominees
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New York Supreme Court Justice Thomas F. Whelan handed down his decision today granting Plaintiff New York Senator Anthony H. Palumbo's motion for a declaration concerning requiring a full floor vote by the Senate on a judicial appointment to the... Continue reading
Posted Feb 21, 2023 at New York Civil Law
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Update on New York State Senate's Vote on Justice Hector LaSalle's Nomination to the New York Court of Appeals
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Last week was a busy one for the New York State Senate and New York Court of Appeals (see here and here). New York Senator Rob Rolison wrote this letter about the Senate vote on Governor Kathy Hochul's nomination of... Continue reading
Posted Feb 21, 2023 at New York Civil Law
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Clerk of New York Court of Appeals Contacts Counsel for the Commission of Judicial Nomination Regarding Vacancy of New York Chief Judge Position
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Today, New York Court of Appeals Clerk Lisa Le Cours wrote ) the Counsel for the Commission on Judicial Nomination indicating that (1) the Governor's office notified the Court that the New York Senate rejected Governor Kathy Hochul's nomination, and... Continue reading
Posted Feb 17, 2023 at New York Civil Law
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New York State Senate Rejects Governor Kathy Hochul's Nomination of Justice Hector LaSalle for Chief Judge Position of the New York State Court of Appeals
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Earlier today, seemingly out-of-nowhere, the New York State Senate moved Governor Kathy Hochul's nomination of Justice Hector LaSalle to a full vote. The Senate rejected the Governor's nominee, with 39 senators voting against Justice LaSalle and 20 voting in his... Continue reading
Posted Feb 15, 2023 at New York Civil Law
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New York's Justice for Injured Workers Act - New York Workers' Compensation Law
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New York Governor Kathy Hochul signed a bill at the end of 2022 that impacts workers’ compensation and personal-injury lawsuits in New York. “The Justice for Injured Workers Act” adds a new section of New York’s Workers Compensation Law that... Continue reading
Posted Feb 7, 2023 at New York Civil Law
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New York State Governor Kathy Hochul Vetoes "Grieving Families Act" - Proposed Amendment to New York's Wrongful-Death Statute
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Gerber Ciano Kelly Brady LLC's Brendan Fitzpatrick reports on the recent development on the proposed "Grieving Families Act" in New York: New York’s Governor Kathy Hochul vetoed the “Grieving Families Act” (Senate Bill S74A), which would have amended New York’s... Continue reading
Posted Jan 31, 2023 at New York Civil Law
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New York Appellate Division, First Judicial Department Grants Spoliation Sanctions for Destroyed Personal Journal
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The plaintiff or defendant in your case destroyed a piece of evidence you deem essential to your case. You liken the spoliation to Arthur Andersen shredding documents for Enron and seek the ultimate sanction of dismissal of the case (plaintiff's... Continue reading
Posted Dec 6, 2022 at New York Civil Law
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New York Commission on Judicial Nomination Names Seven Candidates for Chief Judge of New York Court of Appeals
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The New York Commission on Judicial Nomination has named the following seven candidates for the position of Chief Judge of the New York Court of Appeals: New York Court of Appeals Acting Chief Judge Anthony Cannataro; Yale Law School Professor... Continue reading
Posted Nov 29, 2022 at New York Civil Law
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New York Court of Appeals Will Address Appellate Division Department Split on Negligent Security Measures - Pt. 3
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Negligent security premises liability appeals are pending at the New York Court of Appeals. As discussed in my two prior posts here and here, the Appellate Division, Second Department case – Scurry v New York City Hous. Auth. – challenged... Continue reading
Posted Nov 1, 2022 at New York Civil Law
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New York Court of Appeals Will Address Appellate Division Department Split on Negligent Security Measures - Pt. 2
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This is the second post on the negligent security appeal that the New York Court of Appeals will address next year. (Last week's post here.) As I discussed last week, the First and Second Departments have conflicting views on analyzing... Continue reading
Posted Oct 4, 2022 at New York Civil Law
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New York Court of Appeals Will Address Appellate Division Department Split on Negligent Security Measures
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A Brooklyn Heights resident looks out her window and sees apartment buildings across the water in Battery Park City in Manhattan. Even though, the buildings are a few miles apart, the common-law for the property owners of each of those... Continue reading
Posted Sep 27, 2022 at New York Civil Law
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Wrecks, Lies, and Videotape - Two Recent New York Appellate Division Cases Consider Video Record Evidence on Summary Judgment Motions
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What do Buggles, George Orwell, Pappas v New York City Tr. Auth. , and Zhong v Matranga have in common? They all recognize the impact of the medium of video. As technology has advanced in the last ten years, so... Continue reading
Posted Sep 15, 2022 at New York Civil Law
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Appellate Division, Second Judicial Department Historic All African-American Bench
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On Friday, September 9, 2022, the Appellate Division, Second Judicial Department, arguments on appeal will be heard for the first time by an all African-American bench in the Court’s historic courtroom at 45 Monroe Place, Brooklyn, New York. Justice Presiding... Continue reading
Posted Sep 8, 2022 at New York Civil Law
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Appellate Division, Fourth Department Recently Addresses Impact of Coworker's Actions under Labor Law sec. 240 (1) Claim
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Can an injured plaintiff evade an adverse finding of sole proximate cause on summary judgment by pointing to his or her coworker’s conduct. The Fourth Department recently addressed this issue in Thomas v North Country Family Health Ctr., Inc. NY... Continue reading
Posted Sep 6, 2022 at New York Civil Law
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New York Appellate Division, Second Department Addresses Falling Object Accident - Labor Law § 240(1)
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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 Tributes to Justice Ruth Bader Ginsburg
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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
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Avoiding the Negativity Bias/Reasons to Be Cheerful - Attorney Anxiety, Burnout, and Depression
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Two podcasts address the negativity bias and reasons to be cheerful. Continue reading
Posted Sep 24, 2020 at New York Civil Law
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Appellate Division, First Department Builds Off of Court of Appeals Labor Law § 240(1) Case -- Outar v City of New York
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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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