As we explained in our case summary, this case raised questions about the tolling doctrine from American Pipe & Construction Co. v. Utah, 414 U. S. 538 (1974), whereby the…
Phil
email phil@twentyeagle.com
New case grants (October 20, 2020).
The Court today granted leave in two new cases. In Ferreira v. City of Binghamton, the Court will consider whether the “special duty” requirement—that, to sustain liability in negligence against…
Case Summary – Konkur v. Turkish Cultural Center & Highway Education, Inc.
The question in this case is whether a private right of action exists under Labor Law § 198-b. Labor Law § 198-b prohibits kickbacks in employment. Specifically, the provision states that “it…
Live and remote argument protocols at the Court of Appeals.
After hearing some questions from practitioners about the Court’s policy on argument for attorneys who live in states on New York’s Covid-19 Travel Advisory List, we asked the Court about its policy….
New case grant (October 15, 2020).
The Court today granted leave in one new case. In Konkur v. Turkish Cultural Center & Highway Education, Inc., the Court will consider whether a private right of action exists…
Case Summary – Wells Fargo Bank NA v. Ferrato
The question in this case is whether plaintiff failed to affirmatively revoke acceleration of mortgage debt, where plaintiff voluntarily discontinued foreclosure action. A mortgage foreclosure action is subject to a…
Announcing Our First Two Symposiums.
When we launched TwentyEagle, we wanted to make it a place to promote commentary about the civil cases heard by the New York Court of Appeals. One of the main…
The November Session calendar is set (September 14, 2020).
The Court today set its November Session arguments: 11/17 JPMorgan Chase Bank v. Caliguri Deutsche Bank v. Morgan Stanley US Bank National v. Nelson 11/18 Matter of Peyton v. NYC…
Case Summary – Matter of Callen v. New York City Loft Board
The question in this case is whether the New York City Loft Board rationally refused to allow tenants to withdraw their application for loft conversion of their apartments in favor…
Case Summary – ACE Securities Corp v. DB Structured Products
The question in this case is whether the trustee of a residential mortgage-backed securities trust is a “plaintiff” within the meaning of CPLR 205(a) when the prior action was commenced…
New case grant (August 27, 2020).
This morning the Court granted leave in one new civil case, Matter of Green v. Laclair. As explained in our case summary, this case concerns whether an offender is subject to…
Case Summary – Matter of Green v. Laclair
The question in this case is whether the statutory provision barring sex offenders from entering onto or living near school grounds applies to someone who has been adjudicated a Level…
A note about scope.
We cover the civil cases heard by the Court of Appeals. That means that we do not cover cases designated for treatment on the Court’s sua sponte merits (SSM) track,…
Case Summary – Lividini v. Goldstein
The question in this case is whether Supreme Court properly granted a motion to transfer venue from the Bronx to Westchester County, where the parties disputed whether any defendant had…
The October Session calendar is set.
The Court today set its October Session arguments: 10/13 McCurdy v. Warden, Westchester Correctional Facility Johnson v. Superintendent, Adirondack Correctional Facility Oritz v. Breslin Negron v Superintendent, Woodbourne Correctional Facility…
Contact Us
TwentyEagle remains a work in progress. If you’d like to see anything on here that we’re not covering, drop us a line at twentyeagle at twentyeagle dot com, or tweet…
Who We Are
This website is designed to provide comprehensive information about the civil cases heard by the New York Court of Appeals. The site is the product of our shared experience that…
Case Summary – Ninivaggi v. Merrick Union Free School District
The question in this case is whether the doctrine of assumption of risk bars plaintiff’s tort claims against the school district responsible for maintaining a field where plaintiff was injured…
The wonderful New York State Library.
If you’re looking for older bill jackets that aren’t available online or Court of Appeals briefs and records that aren’t available on CourtPASS–or really any government- or law-related material–try the…
How A Civil Appeal Gets To The New York Court of Appeals.
There are only four ways a case can get to the Court of Appeals: (1) by leave of the Court; (2) by leave of the Appellate Division; (3) on a…
Case Summary – Adar Bays, LLC v. GeneSYS ID, Inc.
The question in this case is whether the state’s usury laws apply to a provision of a loan making the loan balance convertible to stock at the lender’s option. This…
Case Summary – Kainer v. UBS AG
The question in this case is whether a trial court may dismiss an action on the ground of forum non conveniens before addressing a challenge to personal jurisdiction. The common…
DMV license suspension supported by substantial evidence (Matter of Seon v. NYSDMV).
As we explained in our case summary, the question in this case was whether substantial evidence supported the DMV’s determination that clear and convincing evidence established petitioner’s violation of Vehicle…
The September Session calendar is set.
The Court today set its September Session arguments: 9/09 Chavez v. Occidental Chemical Corporation People v. Batticks 9/10 (arguments at 12pm) CNH Diversified Opportunities Master Account v. Cleveland Unlimited, Inc….
Case Summary – Ortiz v. Breslin
The question in this case is whether the Department of Corrections and Community Supervision (DOCCS) may house a level three sex offender in a residential treatment facility during his term…
Court invalidates candidate’s petition, finding it permeated with fraud (Matter of Ferreyra v. Arroyo).
As we explained in our case summary, the question in this case was whether petitioner established a prima facie case that a candidate’s designating petition was permeated with fraud. A…
Case Summary – Brooklyn Center for Psychotherapy v. Philadelphia Indemnity Insurance Company
The question in this case is whether the rule barring insurance coverage for acts of intentional discrimination applies to allegations of disability discrimination on a failure-to-accommodate theory. The New York…
Case Summary – Matter of Mejia v. New York City Board of Elections / Matter of Mujumder v. New York City Board of Elections
The question in these cases is whether, under emergency deadlines created as a result of the coronavirus pandemic, a potential candidate’s late filing of a document with election officials was…
Case Summary – Matter of Hawatmeh v. New York State Board of Elections
The question in this case is whether, under emergency deadlines created as a result of the coronavirus pandemic, a potential candidate’s late filing of a document with election officials was…
Case Summary – Matter of Seawright v. New York City Board of Elections
The question in this case is whether, under emergency deadlines created as a result of the coronavirus pandemic, a potential candidate’s late filing of a document with election officials was…
Case Summary – Matter of Ferreyra v. Arroyo
The question in this case is whether petitioner established a prima facie case that a candidate’s designating petition was permeated with fraud. In New York, a designating petition must…
Just about anyone can be excluded from a presuit oral examination under GML § 50-h (Colon v. Martin).
As we explained in our case summary, the question in this case was whether a plaintiff was entitled to observe her co-plaintiff’s oral examination required under General Municipal Law § 50-h….
The June Session calendar is set.
The Court has set its June Session calendar. All arguments will be conducted remotely via videoconference. 6/2 (10:00am) Matter of National Fuel Gas Supply v. Schueckler 6/2 (2:00 p.m.) Matter…
Arbitration panel not barred from revisiting interim award (AISLIC v. Allied Capital Corporation).
As we explained in our case summary, the question in this case was whether a panel of arbitrators exceeded its authority when, after issuing a partial award finding no loss…
The April / May Session calendar has been revised.
The Court revised its April / May Session calendar. Cases remaining on the calendar will be heard on submission. Colon v. Martin *Note, the case scheduled for submission during the…
Case Summary – Toussaint v. Port Authority of N.Y. and N.J.
The question in this case is whether Industrial Code 23-9.9(a), which requires a power buggy on a construction site to be operated by a “trained and competent operator designated by…
Case Summary – Protect the Adirondacks! v. N.Y.S. Department of Environmental Conservation
The question in this case is whether a plan to cut down 6,184 trees for the construction of snowmobile trails in the Adirondack Park violates the State Constitution. Article XIV,…
Case Summary – Matter of the Estate of Youngjohn v. Berry Plastics Corp.
The question in this case is whether a decedent’s estate is entitled to the decedent’s entire award of certain workers’ compensation benefits, or only that potion of the award that…
Overcharge plaintiffs need not pursue administrative remedies before suing in court (Collazo v. Netherland Property Assets LLC).
As we explained in our case summary, the question in this case was whether plaintiffs were required to bring their rent overcharge claims in administrative proceedings before the Department of…
Retroactive legislation to protect tenants violates the Constitution (The Rent Overcharge Cases).
The Court resolved four appeals with this decision, all of which presented roughly the same question: What is the proper method for calculating the recoverable rent overcharge for apartments that…