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Court Reestablishes Local Control Over Navigable Waters
In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, reviews a recent decision in which the Third Department overturned prior decisions and held that the state's Navigation Law preempts the power of municipalities to enforce local land use laws only where the state, in its sovereign capacity, holds title to the land under those waters.Lawyer Charged With Bribing Skadden Paralegal in Insider Trading Scheme
White Plains, N.Y., attorney Robert C. Schuster allegedly tried to bribe a paralegal at one of New York's largest law firms for inside information on approaching mergers and acquisitions, federal prosecutors charged. But authorities say the paralegal, who worked at Skadden, Arps, Slate, Meagher & Flom, turned the tables by reporting the alleged bribe attempt and working as an informant to help snare the attorney.Courts Reject Retroactivity of Adverse Possession Claims
In his Zoning and Land Use Planning column, Farrell Fritz partner Anthony S. Guardino writes: Amendments to Article 5 of the Real Property Actions and Proceedings Law that took effect on July 8, 2008, significantly altered the law applicable to adverse possession claims in New York. Decisions by the Second, Third, and Fourth Departments have made it clear, however, that the changes to the state's adverse possession rules do not apply to rights that vested before the law's effective date.Olin Corp., plaintiff-appellee v. Certain Underwriters at Lloyd�s London, defendants-appellants
Contamination Remediation Costs Must Be Allocated According to Amount of Damage in Each Policy PeriodCourt Finds New York State Liable to Prisoner Who Lost Hand in Press
George Clark, a prisoner who lost his hand and part of his arm while stamping license plates in prison, has persuaded Court of Claims Judge Nicholas V. Midey Jr. that the state is to blame for his injuries. "Although an inmate who has been injured in a correctional facility is not entitled to the full range of protection afforded by the Labor Law, when the State directs an inmate to perform work, the inmate is entitled to a workplace that is reasonably safe under the prevailing circumstances," Midey wrote.Creating a Culture of Compliance
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