The question in these cases is whether CPLR 213-a and other provisions prevent a court calculating the appropriate rent in an overcharge case based Roberts v. Tishman Speyer Props., L.P.,…
Phil
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Case Summary – Bill Birds, Inc. v. Stein Law Firm P.C.
The question in this case is whether defendants were entitled to summary judgment dismissing plaintiffs’ claim under Judiciary Law § 487. In relevant part, Judiciary Law § 487 makes an…
Case Summary – McCurdy v. Warden
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 (RTF) during his…
Case Summary – Colon v. Martin
The question in this case is whether a plaintiff is entitled to observe her co-plaintiff’s oral examination required under General Municipal Law § 50-h. After a plaintiff files a notice of…
Chief Judge calls for court restructuring.
Chief Judge DiFiore proposed amendments to the State Constitution that would alter the structure of the judiciary in New York. Highlights of the proposal include that it: eliminates the county…
Case Summary – Matter of State v. Luis S.
The primary question in this case is whether a diagnosis of unspecified paraphilic disorder may constitutionally support a finding of mental abnormality under Mental Hygiene Law (MHL) article 10. MHL…
Case Summary – Matter of National Fuel Gas Supply Corp. v. Schueckler
As the Fourth Department framed it, the question in this case is whether “a corporation can involuntarily expropriate privately-owned land when the underlying public project cannot be lawfully constructed.” Petitioners…
Protected: Case Summary – Raden v. W 7879, LLC
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Protected: Case Summary – Taylor v. 72A Realty Associates, L.P.
There is no excerpt because this is a protected post.
Case Summary – Matter of Bohlen v. DiNapoli
The question in this case is whether retention payments made to executives employed by the Port Authority of New York and New Jersey (the “Port Authority”) after September 11, 2001,…
Case Summary – Hewitt v. Palmer Veterinary Clinic
In New York, when a dog attacks a person, the dog’s owner is strictly liable but only if the owner was on notice of the dog’s “vicious propensities.” The question…
Case Summary – Matter of Marian T.
The question in this case is whether Surrogates Court had discretion to grant an adoption without the adoptee’s consent. Domestic Relations Law (DRL) § 111(1)(a) typically requires an adoptee who…
Case Summary – Lynch v. City of New York
The question in this case is whether police officers hired after 2009 have the right to purchase service credit for time spent on unpaid child care leave in calculating their…
Case Summary – Matter of Plastic Surgery Group v. Comptroller of the State of New York
The question in this case is whether an administrative subpoena issued by the Comptroller during an audit must comply with general rule under CPLR 3122(a)(2), which requires a subpoena seeking…
Case Summary – Vanyo v. Buffalo Police Benevolent Association, Inc.
The question in this case is whether claims asserted in an untimely amended pleading relate back to a timely original pleading that was filed but never served. In this case,…
Case Summary – Matter of Franklin Street v. NYC Environmental Control Board
The question in this case is whether a New York City law regulating companies that provide outdoor advertising space “to others” applies where one company provides advertising space to another…
Case Summary – Centi v. McGillin
The question in this case is whether a loan agreement is enforceable if it was funded with the proceeds of criminal activity. Plaintiff alleged that defendant breached an oral loan…
Call for amicus participation in four cases.
Earlier this year, the Legislature passed the Housing Stability and Tenant Protection Act (HSTPA), landmark legislation affecting the State’s rent regulation laws, In a notice issued today, the Court of…
The November Session calendar is set.
The Court today set its November Session calendar: 11/19 Matter of Franklin Street v. New York City Environmental Control Board Vanyo v. Buffalo Police Benevolent Association, Inc. 11/20 Centi v….
Case Summary – Matter of Seon v. New York State Department of Motor Vehicles
The question in this case is whether substantial evidence supported a determination by the New York State Department of Motor Vehicles (DMV) that clear and convincing evidence established that petitioner…
Case Summary – Matter of O’Donnell v. Erie County
This case presents the question whether an amendment to the Workers’ Compensation Law (WCL) applies retroactively to workers adjudged to have a permanent partial disability before the amendment’s effective date….
Case Summary – Matter of Leggio v. Devine
The question in this case is whether the Office of Temporary and Disability Assistance (OTDA) properly calculated petitioner’s income in determining her eligibility for food stamps benefits by including child…
Case Summary – American International Specialty Lines Insurance Co. v. Allied Capital Corporation
This case presents the question whether a panel of arbitrators exceeded its authority when, after issuing a partial award finding no loss under an insurance policy, the panel later revisited…
Case Summary – Town of Delaware v. Leifer
The question in this case is whether a town zoning ordinance violates the First Amendment by barring a “religious observance” by defendant that took the form of “an annual, multi-day,…
Case Summary – Matter of Walsh v. New York State Comptroller
The question in this case was whether a corrections officer was injured an “act of any inmate” when an intoxicated inmate fell on her? Retirement & Social Security Law (RSSL)…
Case Summary – Deutsche Bank v. Barclays; Deutsche Bank v. HSBC
This is the Court of Appeals’ most recent case addressing the timeliness of RMBS-related claims in the wake of the 2007-2008 financial crisis. The specific question raised in this case…
Case Summary – Rivera v. State of New York
The question in this case was whether the State can be liable for an assault of an inmate by a corrections officer, which was not within the scope of the…
Case Summary – Matter of Krug v. City of Buffalo
The question in this case is whether the City of Buffalo rationally determined that a police officer was not acting within the scope of his employment when he assaulted an…
Case Summary – Lubonty v. U.S. Bank N.A.
CPLR 204(a) states that “[w]here the commencement of an action has been stayed by a court or by statutory prohibition, the duration of the stay is not a part of the…
Case Summary – Haar v. Nationwide Mutual Fire Ins. Co.
The State Board for Professional Medical Conduct is the body within the New York State Department of Health that investigates matters of physician misconduct. The Public Health Law provides a broad…
Case Summary – Maddicks v. Big City Properties
This case raises for potential review several questions concerning the standards for class certification under CPLR article 9, particularly how those standards apply in the context of a pre-answer motion…
Case Summary – Henry v. Hamilton Equities
Under the Court of Appeals’ decision in Putnam v. Stout, 38 N.Y.2d 607 (1976), an out-of-possession property owner is not liable for injuries sustained on its property unless it (1)…
Case Summary – He v. Troon Management
Under the Court of Appeals’ decision in Putnam v. Stout, 38 N.Y.2d 607 (1976), an out-of-possession property owner typically is not liable for injuries sustained on its property except in…
Case Summary – People ex rel. Johnson v. Superintendent, Adirondack Correctional Facility
The question in this case is whether the statutory provision barring sex offenders from entering onto or living near school grounds violates substantive due process. Executive Law § 259-c(14) provides that…
Case Summary – Cutaia v. Board of Managers of 160/170 Varick Street
The question in this case is whether evidence that the plaintiff fell from an unsecured ladder after receiving an electric shock is sufficient to support summary judgment for the plaintiff…
Case Summary – Ditech Financial, LLC v. Naidu
The question in this case is whether a stipulation of discontinuance in a foreclosure action “decelerates” a mortgage by operation of law. A mortgage foreclosure action is subject to a…
Case Summary – Jean-Paul v. 67-30 Dartmouth St. Owners Corp.
The question in this case is whether a plaintiff’s failure to list a tort cause of action as an asset in bankruptcy deprives the plaintiff of capacity to maintain the…
Case Summary – White v. Cuomo
The question in this case is whether the statute permitting fantasy sports betting violates the anti-gambling provision of the state Constitution. Article I, § 9 of the state Constitution prohibits any…
Case Summary – Greene v. Esplanade Venture Partnership
The question in this case is whether the tort cause of action for witnessing the death of a member of your “immediate family” is available for a grandmother who witnesses…
Case Summary – People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility
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…