As we explained in our case summary, the question in this case was whether defendants were entitled to summary judgment dismissing plaintiffs’ claim under Judiciary Law § 487. The Court…
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Labor market attachment requirement persists after amendment to the Workers’ Compensation Law (Matter of O’Donnell v. Erie County).
As we explained in our case summary, the question in this case was whether, after an amendment to the Workers’ Compensation Law (WCL), a claimant classified as having a permanent…
Conduct in a closed, albeit large, marketplace is consumer-oriented under GBL § 349 (Plavin v. Group Health Incorporated).
As we explained in our case summary, the question in this case was whether an insurance company that provided health insurance coverage to New York City employees and retirees engaged…
Case Summary – Matter of Claim of Rexford
The question in this case is whether the Special Fund for Reopened Cases must pay a claim for workers’ compensation benefits arising after the Fund was closed to new cases. …
Case Summary – Matter of Claim of Verneau
The question in this case is whether the Special Fund for Reopened Cases must pay a claim for workers’ compensation benefits arising after the Fund was closed to new cases. …
REVISED notice regarding access during the Coronavirus pandemic.
The Court issued revised guidance concerning court access during the pandemic. The remainder of the March session has been adjourned, and counsel will be advised if the April / May…
Court notice regarding access during the Coronavirus pandemic.
The Court issued a notice today stating that it would remain open for arguments, subject to restrictions “being applied at courthouses throughout the unified court system.” The notice setting out…
Case Summary – Chen v. Insurance Co. of State of PA
The question in this case is whether an excess insurer’s coverage obligation excludes (i) the limit of liability on the underlying insurance policy, even if that policy was declared void,…
Case Summary – Matter of Juarez v. N.Y.S. Office of Victim Services
The question in this case is whether the State Office of Victim Services permissibly adopted regulations limiting the availability of attorneys’ fees in connection with applications for victim financial assistance….
Case Summary – Matter of Town of Irondequoit v. Monroe County
The question in this case is whether Real Property Tax Law (RPTL) § 936, which obligates a county to credit a town’s unpaid property tax, also requires the county to…
Case Summary – DiLorenzo v. Windermere
The question in this case, as limited by appellant’s brief, is whether the “useful life” rule applies to individual apartment improvements (IAIs) made by a property owner and, if so,…
Case Summary – Sutton 58 Associates v. Pilevsky
The question in this case is whether federal bankruptcy law preempts plaintiffs’ state law tort claims, which allege that defendant tortiously interfered with plaintiffs’ contracts with another company that filed…
Case Summary – Doe v. Bloomberg LP
The question in this case is whether an individual owner of a corporate entity may be held strictly liable as an “employer” under the New York City Human Rights Law…
Case Summary – Zervos v. Trump
The question in this case is whether the rule from Clinton v. Jones, 520 U.S. 681 (1997), that a sitting President is not immune from a civil suit filed in federal…
Case Summary – Aybar v. Ford Motor Company
The question in this case is whether a foreign corporation consents to personal jurisdiction in a state by registering to do business and appointing an agent for the service of…
The State of the Judiciary 2020.
Chief Judge DiFiore today released the State of the Judiciary 2020 report, which can be accessed here.
The April / May Session calendar is set.
The Court today set its April / May Session arguments: 4/28 Trustees of Columbia Univ. v. D’Agostino Supermarkets Chavez v. Occidental Chemical Corporation 4/29 Matter of Luis S. v. State…
For food stamps eligibility, agency’s definition of income entitled to deference (Matter of Leggio v. Devine).
As we explained in our case summary, the question in this case was whether the Office of Temporary and Disability Assistance (OTDA) properly calculated petitioner’s income in determining her eligibility…
Retention payments could not count toward income in calculating civil servant retirement benefits (Matter of Bohlen v. DiNapoli).
As we explained in our case summary, the question in this case was whether retention payments made to Port Authority executives after September 11, 2001, should be included in the…
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The March Session calendar is set.
The Court today set its March Term arguments: 3/17 American International Specialty Lines v. Allied Capital 3/18 Hewitt v. Palmer Veterinary Clinic Colon v. Martin 3/24 Matter of National Fuel…
Loan funded with criminal proceeds not void as against public policy (Centi v. McGillin).
As explained in our case summary, the question in this case was whether a loan agreement was unenforceable if it was funded with the proceeds of criminal activity. The Court…
On “unique” facts, no dismissal for action that was timely commenced but not served (Vanyo v. Buffalo PBA).
As we explained in our case summary, the question in this case was whether claims asserted in an untimely amended pleading related back to a timely original pleading that was…
No patient authorization required for audit subpoena seeking medical records (Matter of Plastic Surgery Group v. NYS Comptroller).
As explained in our case summary, the question in this case was whether an administrative subpoena issued by the Comptroller during an audit must comply with CPLR 3122(a)(2), which requires…
City sign law applies if you rent a sign to a shell company you own (Matter of Franklin Street v. NYC ECB).
As we explained in our case summary, the question in this case was whether a New York City law regulating companies that provide outdoor advertising space “to others” applied where…
The February Session calendar is set.
The Court today set its February Session calendar: 02/11 Plavin v Group Health Incorporated Matter of Vega (Postmates) Matter of O’Donnell v Erie County 02/12 [ all criminal cases ]…
Case Summary – Plavin v. Group Health Incorporated
The question in this case is whether an insurance company, which was one of several insurers selected to offer health insurance coverage to New York City employees and retirees, engaged…
City permissibly refused to defend police officer in civil action for unauthorized use of force (Matter of Krug v. Buffalo).
As we explained in our case summary, the question in this case was whether the City of Buffalo rationally determined that a police officer was not acting within the scope of…
Federal bankruptcy stay applies to earlier-filed actions (Lubonty v. U.S. Bank).
As we explained in our case summary, the question in this case was whether CPLR 204(a) tolled the statute of limitations on a claim whose prosecution was stayed by a…
State not vicariously liable for corrections officer abuse of inmate (Rivera v. State).
As we explained in our case summary, the question in this case was whether the State was liable for an assault of an inmate by a corrections officer, which was…
RMBS claims governed and barred by California limitations statute (DB v. Barclays / HSBC).
As we explained in our case summary, the question in this case was whether New York’s borrowing statute required application of another state’s statute of limitations to an RMBS trustee’s loan-repurchase…
Correction officer’s injury caused by inmate accident qualifies for enhanced retirement benefits (Matter of Walsh v. NYS Comptroller).
As we explained in our case summary, the question in this case was whether a corrections officer was injured an “act of any inmate” when an intoxicated inmate fell on…
First Amendment not violated by application of zoning rules to outdoor religious festival (Town of Delaware v. Leifer).
As we explained in our case summary, the question in this case was whether a town zoning ordinance violated the First Amendment by barring a “religious observance” by defendant that…
No private right of action for a bad-faith report of physician professional misconduct (Haar v. Nationwide Mutual).
As we explained in our case summary, the question in this case, certified from the U.S. Court of Appeals for the Second Circuit, was whether New York law–specifically Public Health…
The January Session calendar is set.
The Court today set its January Session calendar: 01/07 Matter of Regina Metropolitan Co. v NYS DHCR Raden v W7879, LLC Taylor v 72A Realty Associates, L.P. Reich v Belnord…
Decision Summary – Cayuga Nation v. Campbell
As we explained in our case summary, the question in this case was whether New York courts had jurisdiction to resolve a dispute between competing factions of the Cayuga Nation…
Decision Summary – He v. Troon Management
As we explained in our case summary, the question in this case was whether an out-of-possession property owner’s non-delegable duty under New York City law to remove snow and ice…
Decision Summary – Henry v. Hamilton Equities
As we explained in our case summary, the question in this case was whether an out-of-possession property owner could be liable for injuries sustained on its property under Putnam v. Stout,…
Decision Summary – Maddicks v. Big City Properties
As we explained in our case summary, the question in this case was whether plaintiffs’ class action complaint was properly dismissed on a CPLR 3211 motion to dismiss even though…
Decision Summary – Matter of Adirondack Wild v. New York State Adirondack Park Agency
As we explained in our case summary, the question in this case was whether the State Department of Environmental Conservation (DEC) rationally approved a plan to use recently acquired land…