Matter of Costello v. The City of N.Y.
September 26, 2017
Balancing Factors Militate Against Granting Officer Leave to File Late Notice of Claim
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September 26, 2017
Balancing Factors Militate Against Granting Officer Leave to File Late Notice of Claim
September 26, 2017
No Allegations Defendant Made Representation Item Controlled Substance Under PHL §3383(2)
September 26, 2017
42 USC §1983 Challenge to Delaware Court's Order Dismissed Under 'Younger' Doctrine
September 26, 2017
No Error in Dismissal of FACTA Suit Over Printed Receipt Including Credit Card's First Six Digits
September 26, 2017
DA Not Required to Plead Inapplicability of §220.03 Exclusion in Accusatory Instrument
September 26, 2017
Lawsuit Over Web Site Operator's Release of E-mail Addresses Must Be Arbitrated
September 26, 2017
Marina Breached Agreement by Leaving Vessel Moored to Dock During 'Sandy'
September 26, 2017
Executor's Accounting, Amended SNT Applications for Son Under Disability Granted
September 26, 2017
Dismissal of Subcontractors' Contract, Warranty Breach Claims is Explained
September 26, 2017
Divided Panel Affirms Conviction for Failing To Provide Sustenance to Abandoned Animals
September 25, 2017
In his Criminal Law column, Ken Strutin writes: Supercomputers can be groomed to find meaningful connections between the unstructured data of conviction and the lessons of exoneration. Given that these machines already exist, the only question is why they haven't been turned on?
September 25, 2017
Driver's Conduct Did Not Meet Heightened Reckless Disregard Standard in Injury Suit
September 25, 2017
Defamation Suit Partially Dismissed for Lack of Personal Jurisdiction, Failure to State Claim
September 25, 2017
Wife Entitled to Full Proceeds of Marital Asset Where Husband Prohibited Her Remarriage
September 25, 2017
Transactional Lawyers Had No Duty to Review Potential Zoning Violations
September 25, 2017
One Spouse's Parcels Equitably Distributed; Presumption of Marital Assets Unrebutted
September 25, 2017
Pension to Surviving Wife Is 'Survivor Benefit' Not 'Retiree Benefit' Under Code §1114(a)
September 25, 2017
Remedies' Exhaustion Not Prerequisite to FHA Lawsuit Over Emotional Support Dog Refusal
September 25, 2017
Xerox Contractually Entitled to Judgment on Payment Claims Over Printer, Note
September 25, 2017
Plea Counsel Not Ineffective; Defendant Failed to Advise of Immigration Status
September 25, 2017
§1983 Claims Failed Where Evidence Found in Legal Search Supported Probable Cause
September 25, 2017
Suit by Notes' Beneficial Owner Proceeds; FAA Ambiguous, Authorization Provided Standing
September 25, 2017
Planning Board Acted Capriciously Approving Project Without Coordinated County Review
September 25, 2017
Courts have generally found that make-whole provisions do not provide for the payment of unmatured interest, nor are they unenforceable liquidated damages provisions. It would behoove the court in 'Ultra Petroleum' to continue the precedent on these issues, because failure to do so would call into question the ever-important principle that when evaluating documents governed by New York law, courts will generally defer to the mutual intent of the parties as manifested within the four corners of the document.
September 25, 2017
'Husky' will have a significant impact in the area of fraudulent conveyance litigation. Parties that engage in intentional fraudulent conveyances will now be subject to the "actual fraud" provision in Bankruptcy Code §523(a)(2)(A).ha
September 25, 2017
Various debt-burdened retailers are looking to their intellectual property assets as a source of untapped value for refinancing transactions. While it remains to be seen which strategies will be most successful, IP assets will play a key role in future retail restructurings. As the value of brick-and-mortar "hard" assets stores becomes tapped out, a retailer's brands, licenses, and associated IP rights may present reliable sources of value.
September 25, 2017
The winners of the New York Law Journal's first annual Best Of supplement, recognizing the vendors that New York lawyers and firm administrators turn to first to keep their lives on track, inside and outside of the office.
September 25, 2017
In many instances, government investigations and claims are the tipping points for already distressed health care companies causing them to seek Chapter 11 protection. As discussed herein, governmental involvement in these financial restructurings at the very least complicates the process of reorganizing these entities.
September 25, 2017
In a June 12, 2017 decision, the U.S. Supreme Court unanimously held that certain consumer finance companies that purchase and collect defaulted debts originated by other lenders are exempt from the strictures of the FDCPA. The case, which turns on who qualifies as a "debt collector" under the FDCPA, has significant implications for the distressed debt industry and will likely lead to industry-wide changes as companies restructure so as to benefit from the guidance contained in this ruling.
September 25, 2017
The pressures inherent in "time is of the essence" closings can breed ill-informed, and at times, regrettable decisions aimed at avoiding the potentially catastrophic result of failing to timely close. Bankruptcy can provide a "breathing spell" for financially distressed single-asset entities whose entire value is dependent on whether it can meet a "time is of the essence" deadline.
September 22, 2017
New York taxpayers may have to pay more than $700,000 to cover the legal expenses of former state Sen. Thomas Libous, whose conviction on charges of lying to the FBI was vacated after his death.
September 22, 2017
In his Patent and Trademark Law column, Robert C. Scheinfeld writes: Many patent attorneys, having backgrounds in the hard sciences, can appreciate repeatable tests and bright-line rules. Patent law, however, is rarely clean. The Federal Circuit has illustrated this with a number of split decisions issued over the past few months.
September 22, 2017
Law Firm Marketing columnist Marcie Borgal Shunk writes: There is much to be learned from young companies and from taking a blank slate approach to the way we, as an industry, contemplate how best to structure, operate and compete in a rapidly changing and dynamic environment. Taking a cue from some of the organizations that have displaced traditional Fortune 500 companies, if we abandon all that we know to be true—the billable hour as the pinnacle of measuring performance, the pyramid structure comprised predominantly of trained lawyers, the adulation of sophisticated legal services—what's left?
September 22, 2017
Michael J. Willemin discusses lessons to be learned from a recent decision where the Second Circuit held that a defendant-employer's statement, issued in response to litigation, that the plaintiff-employee had "repeatedly tried to extort money from the company" and was "dismissed for gross misconduct," could serve as the basis for a claim for defamation.
September 22, 2017
Offer Letter Not Contract; 'At Will' Worker Acquiesced to Change in Employment Terms
September 22, 2017
Jury Awards in 2008 Crane Collapse Case Must Be Reduced; Veil's Pierce Was Proper
September 22, 2017
Malpractice Claim Failed; Plaintiff Had Not Yet Suffered Harm from Alleged Negligence
September 22, 2017
Affidavits Proving Payment History Provided Basis to Grant Foreclosure Judgment
September 22, 2017
Summary Judgment Denied; Triable Issues Whether Injury Fell Under Labor Law Statute
September 22, 2017
Inmate Discipline Immunity Precluded Claim Without Procedural Due Process Violation
September 22, 2017
SEC Investigative Subpoenas Seeking Bank Account Information Denied Quash
September 22, 2017
Affidavit of Service Created Presumption Defendant Had to Overcome with Evidence
September 22, 2017
Smuggling Charge's Dismissal from Five Count Superseding Indictment is Explained
September 22, 2017
Personal Injury Claim Failed; Plaintiff's Physician Found No Motion Limitation
September 22, 2017
Because Life Policies' Premiums Not Received, They Were Not 'Paid' and Properly Terminated
September 21, 2017
The same day a motion to dismiss was filed in the Fox News defamation suit in the U.S. District Court for the Southern District of New York, attorneys for one of the defendants, Fox Business contributor Ed Butowsky, leveled a Rule 11 sanctions motion against Rod Wheeler and his attorneys at Wigdor LLP.
September 21, 2017
Attorneys for Paul, Weiss, Rifkind, Wharton & Garrison can't recover costs for sitting through parts of the criminal trial of former Duane Reade CEO Anthony Cuti, a Second Circuit panel said in a summary order Thursday.
September 21, 2017
A Brooklyn-based trader was charged with securities violations Thursday for allegedly running a bitcoin Ponzi scheme, the U.S. Commodity Futures Trading Commission announced Thursday.
September 21, 2017
Law Firm Partnership Law columnist Arthur J. Ciampi writes: As we all mourn the official end of summer, it may seem like an inopportune time to speak about vacations, which for many, in September, seem to be light-years away. But despite what may seem like bad timing, it is submitted that September is a very good time to examine how law firms treat vacations and sabbaticals even if only to rekindle the giddy hope of future time away from work.
September 21, 2017
William J. Giacomo discusses the statutes that control the calculation of a structured judgment in light of the 2003 amendment to CPLR 4111(d) and its effect on the court's role in calculating the appropriate judgment to enter upon a medical malpractice verdict.
September 21, 2017
Film Production Firm's Presence as Defendant Destroyed Diversity but Firm Not Indispensable
September 21, 2017
Malpractice Suit Over Negligent Advise Over Firm's Sale Proceeds; Causation Pleaded
September 21, 2017
Court Setting Aside Excessive Award Must Give Option of New Trial or Reduced Award
September 21, 2017
Title VII Suit Dismissed; Hospital Legitimately Fired Black Woman Nurse for Policy Violations
September 21, 2017
Pastor's Attempt to Transfer Church Assets Invalid; Membership Entitled to Injunction
September 21, 2017
Police Enjoyed Qualified Immunity During High Speed Pursuit of Reckless Driver
September 21, 2017
Subpoena Seeking Documents for Australian Arbitration Quashed for Lack of Jurisdiction
September 21, 2017
Distributing Tour Flyers to Passersby was Sufficient to Constitute Ticket Selling
September 21, 2017
FLSA Suit Against Nursing Home Only Partly Dismissed; Class Decertification is Denied
September 21, 2017
Common Interest Exception Did Not Apply; Parties Had Business, Not Legal, Interests
September 21, 2017
Landlord Obligated to Provide Duplicate Key And Additional Keys to Occupants Over 10
September 20, 2017
The defendants in the defamation suit by former Fox News contributor Rod Wheeler are dividing their efforts to stop the suit, according to filings this week in the U.S. District Court for the Southern District of New York.
September 20, 2017
John Brennan has been appointed Distinguished Fellow for Global Security at the Center on National Security at Fordham Law, the National Association of Criminal Defense Lawyers presented its presidential commendations to Marjorie J. Peerce, and more honors.
September 20, 2017
Manhattan Supreme Court Justice Manuel Mendez; Lourdes Ventura, a partner at Ahmuty, Demers & McManus; and Robinson Iglesias of the Law Office of Robinson Iglesias were recognized at the event.
September 20, 2017
The Sorensen Center for International Peace and Justice at CUNY School of Law held a reception, conversation and panel discussion with Preet Bharara on "Public Corruption and The Rule of Law."
September 20, 2017
In his Tax Litigation Issues column, Jeremy H. Temkin writes that whistleblowing is alive and well at the IRS, but, while attorneys are not precluded from participating, attorneys need to be mindful of the strict interpretation of what it means for an attorney to "reasonably believe" a disclosure is necessary to prevent a client from committing a crime under New York professional conduct rules.
September 20, 2017
Insurance Law columnist Jonathan A. Dachs discusses recent noteworthy changes including a new example illustrating the proper application of Supplementary Uninsured/Underinsured Motorists coverage, which is required to be included in the written notice sent by the insurer with all new and renewal policies, amendments to clarify the prescribed SUM endorsement, and more.
September 20, 2017
Christian Everdell writes: First, it was digital currencies like bitcoin. Then, it was distributed ledger technologies like blockchain. Now, another potentially groundbreaking innovation from this same community of technologists has vaulted to the forefront and taken center stage—the Initial Coin Offering. But all of the froth has spawned a Wild West atmosphere where investors are throwing money at what can be, at best, unproven technologies and, at worst, outright scams. Enter the SEC.
September 20, 2017
In his Corporate Securities column, John C. Coffee Jr. writes: At present, the circuits are divided in their tolerance for unidentified "confidential witnesses." In this light, what can or should be done with respect to the use of confidential witnesses?
September 20, 2017
Amendment of Apartment Regulatory Status Not Permitted; Caused Dismissal of Action
September 20, 2017
Medical Expert Precluded; Offered No Support for Causal Relationship Opinion
September 20, 2017
Plaintiffs Denied Injunction Rearguement; No New Evidence of Likelihood of Success
September 20, 2017
Discovery Motion Denied Where Documents Prepared for Legal Advice or Legal Action
September 20, 2017
Matter Initiated and Child Resided in New York; Custody Jurisdiction Properly Exercised
September 20, 2017
Process Server License Renewal Denial Vacated for Reconsideration
September 20, 2017
Default Judgment Set Aside Where Defendant Did Not Conceal Address to Avoid Notice
September 20, 2017
Government's Expert Established Military Applications for Export-Restricted Goods
September 20, 2017
Landlord's Acceptance of Tenant's Public Assistance Check Vitiated Termination Notice
September 20, 2017
Excavation Not Permitted by Easement That Materially Increased Burden on Servient Lot
September 20, 2017
Deceptive Packaging Claim Failed; Package, Shelf Tag Accurately Stated Product Weight
September 20, 2017
While the "Power Suit" was the uniform of choice for a generation of independent, career-minded women who fought for a "seat at the table," the modern woman must cast off the chains of patriarchal fashion and embrace the styles sported by her contemporaries. Assuming a masculine facade is an antiquated expectation of the modern woman, who can be both a member of the Bar and a Vogue subscriber.
September 20, 2017
In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein discuss the implications for real estate lenders in the wake of the anticipated phase-out of the much-used LIBOR index rate.
September 20, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses the cases “161 Holding v. Goris,” “Herrmann v. Coletti,” and “90 Elizabeth Apt. LLC v. Eng.”
September 19, 2017
In what it termed "a close call," the Second Circuit allowed a defamation suit over the now-debunked 2014 article that detailed an alleged gang rape at a University of Virginia fraternity. The panel reversed the majority of the district court's dismissal and remanded the case for further proceedings.
September 19, 2017
The suit is the most recent affected by the Spokeo ruling, here focused on the bare procedural claims under the Fair and Accurate Credit Transactions Act of 2003.
September 19, 2017
Corporate Insurance Law columnists Howard B. Epstein and Theodore A. Keyes discuss a recent case where the Southern District ruled in favor of an insured that lost funds paid by an employee to a fraudster impersonating a company executive, finding coverage under both the Computer Fraud and the Funds Transfer Fraud sections within the Crime Coverage of the Executive Protection insurance policy.
September 19, 2017
Andrew Lavoott Bluestone writes: A recent Judiciary Law §487 case in the Western District has violently shaken the basic understanding of the elements of this common-law cause of action. We predict a Second Circuit case, and potentially a Certified Question to the New York Court of Appeals.
September 19, 2017
Death of Record Tenant Insufficient Basis for Termination of Residential Lease
September 19, 2017
Injury Claim under Labor Law Proceeded; Triable Issues Over Hazardous Conditions
September 19, 2017
Transfer to Adult Status Granted Due to Nature of Crimes and Defendant's Maturity
September 19, 2017
Defendant Obligated to Pay Contract Where Agreement Created No Condition Precedent
September 19, 2017
Lease Violations No Support for Termination; Landlord Failed to Show Harm
September 19, 2017
Sexual Harassment Claim Allowed for Prima Facie Allegations of Hostile Environment
September 19, 2017
In Denial of Benefits ALJ Erroneously Discredited Treating Experts' Reports
September 19, 2017
Breach of Contract Claim Failed; Beneficial Owner of Purchaser Lacked Authority
September 19, 2017
Negligent Inspection Not Covered by Policy Which Excluded Engineering Inspection
September 19, 2017
Factual Dispute Over Plaintiff's Standing and License Preclude Summary Judgment
September 19, 2017
Holdover Petition Permitted Where Rent Acceptance after Lease Created Tenancy
September 18, 2017
More than 50 new American citizens were sworn in during the Constitution Day ceremony at the Eastern District courthouse in Brooklyn on Monday.
September 18, 2017
In his Appellate Practice column, Thomas R. Newman writes that a recent opinion in crane collapse litigation is to be complimented for describing in grisly detail horrific bodily injuries, which assist the trier of the facts in arriving at an award for conscious pain and suffering as the result of physical injuries based on a comparison of the award under scrutiny with recent cases involving comparable injuries. They are of no use in determining what is reasonable compensation for the "inconceivable" (the court's apt word) pre-impact terror that, it can be reasonably believed, both men must have felt.
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