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New York Law Journal

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

New York Law Journal

The People v. Reynolds

September 26, 2017

No Allegations Defendant Made Representation Item Controlled Substance Under PHL §3383(2)

New York Law Journal

Holland v. Bouchard

September 26, 2017

42 USC §1983 Challenge to Delaware Court's Order Dismissed Under 'Younger' Doctrine

New York Law Journal

Katz v. The Donna Karan Co., L.L.C.

September 26, 2017

No Error in Dismissal of FACTA Suit Over Printed Receipt Including Credit Card's First Six Digits

New York Law Journal

The People v. Williams

September 26, 2017

DA Not Required to Plead Inapplicability of §220.03 Exclusion in Accusatory Instrument

New York Law Journal

Pincaro v. Glassdoor, Inc.

September 26, 2017

Lawsuit Over Web Site Operator's Release of E-mail Addresses Must Be Arbitrated

New York Law Journal

National Union Fire Ins. Co. of Pittsburgh, PA v. Garpo Marine Services, Inc.

September 26, 2017

Marina Breached Agreement by Leaving Vessel Moored to Dock During 'Sandy'

New York Law Journal

Matter of Lloyd W.

September 26, 2017

Executor's Accounting, Amended SNT Applications for Son Under Disability Granted

New York Law Journal

Eastern Materials Corp. v. Mitsubishi Plastics Composites America, Inc.

September 26, 2017

Dismissal of Subcontractors' Contract, Warranty Breach Claims is Explained

New York Law Journal

The People v. Cherry

September 26, 2017

Divided Panel Affirms Conviction for Failing To Provide Sustenance to Abandoned Animals

New York Law Journal

The Innocence Machine: From 'Gideon' to Gigabytes

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?

New York Law Journal

Matter of Swiller v. Lecuona

September 25, 2017

Driver's Conduct Did Not Meet Heightened Reckless Disregard Standard in Injury Suit

New York Law Journal

Hosain-Bhuiyan v. Barr Laboratories, Inc.

September 25, 2017

Defamation Suit Partially Dismissed for Lack of Personal Jurisdiction, Failure to State Claim

New York Law Journal

Sharabani v. Sharabani

September 25, 2017

Wife Entitled to Full Proceeds of Marital Asset Where Husband Prohibited Her Remarriage

New York Law Journal

180 Ludlow Development LLC v. Olshan Frome Wolosky LLP

September 25, 2017

Transactional Lawyers Had No Duty to Review Potential Zoning Violations

New York Law Journal

S.M. v. M.R.

September 25, 2017

One Spouse's Parcels Equitably Distributed; Presumption of Marital Assets Unrebutted

New York Law Journal

Matter of Avaya Inc.

September 25, 2017

Pension to Surviving Wife Is 'Survivor Benefit' Not 'Retiree Benefit' Under Code §1114(a)

New York Law Journal

USA v. 111 East 88th Partners

September 25, 2017

Remedies' Exhaustion Not Prerequisite to FHA Lawsuit Over Emotional Support Dog Refusal

New York Law Journal

Xerox Corp. v. JoJoMonster Graphics, LLC

September 25, 2017

Xerox Contractually Entitled to Judgment on Payment Claims Over Printer, Note

New York Law Journal

The People v. Seegobin

September 25, 2017

Plea Counsel Not Ineffective; Defendant Failed to Advise of Immigration Status

New York Law Journal

Brown v. The City of N.Y.

September 25, 2017

§1983 Claims Failed Where Evidence Found in Legal Search Supported Probable Cause

New York Law Journal

Diverse Partners, LP v. AgriBank, FCB

September 25, 2017

Suit by Notes' Beneficial Owner Proceeds; FAA Ambiguous, Authorization Provided Standing

New York Law Journal

Chenango Valley Central School District v. Town of Fenton Planning Board

September 25, 2017

Planning Board Acted Capriciously Approving Project Without Coordinated County Review

New York Law Journal

Treatment of Make-Whole Premiums in Bankruptcy: A Bondholder Perspective

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.

New York Law Journal

Intentional Fraudulent Conveyances and Bankruptcy Code §523(a)(2)(A)

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

New York Law Journal

Fashion Forward Financing: Looking to Banks and IP for the Next Trend

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.

New York Law Journal

NYLJ Best Of 2017

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.

New York Law Journal

The Intersection of Federal Civil Enforcement Claims and Health Care Restructurings

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.

New York Law Journal

Supreme Court's 'Henson' Decision Leaves Many Questions Unanswered

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.

New York Law Journal

Is Time Really of the Essence? Not in Bankruptcy.

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.

New York Law Journal

Taxpayers May Pick Up Deceased Ex-Lawmaker's Legal Tab

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.

New York Law Journal

Split Decisions Bring Variety of Opinions From the Federal Circuit

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.

New York Law Journal

Are Consultants Making Law Firms Worse?

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?

New York Law Journal

Crafting a Media Response to a Lawsuit Without Inviting Further Litigation

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.

New York Law Journal

Moore v. Thomson Reuters (GRC) Inc.

September 22, 2017

Offer Letter Not Contract; 'At Will' Worker Acquiesced to Change in Employment Terms

New York Law Journal

Matter of 91st St. Crane Collapse Litig.

September 22, 2017

Jury Awards in 2008 Crane Collapse Case Must Be Reduced; Veil's Pierce Was Proper

New York Law Journal

Miami Capital, LLC v. Hurwitz

September 22, 2017

Malpractice Claim Failed; Plaintiff Had Not Yet Suffered Harm from Alleged Negligence

New York Law Journal

531 Kosciusko Partners, LLC v. Erika Montesdeoca, et. al.

September 22, 2017

Affidavits Proving Payment History Provided Basis to Grant Foreclosure Judgment

New York Law Journal

Deen v. Cava Construction & Development, Inc.

September 22, 2017

Summary Judgment Denied; Triable Issues Whether Injury Fell Under Labor Law Statute

New York Law Journal

Smith v. The State of N.Y.

September 22, 2017

Inmate Discipline Immunity Precluded Claim Without Procedural Due Process Violation

New York Law Journal

Grenda v. U.S. Securities and Exchange Commission

September 22, 2017

SEC Investigative Subpoenas Seeking Bank Account Information Denied Quash

New York Law Journal

GMAC Mortgage, LLC v. Eberle

September 22, 2017

Affidavit of Service Created Presumption Defendant Had to Overcome with Evidence

New York Law Journal

USA v. Lin

September 22, 2017

Smuggling Charge's Dismissal from Five Count Superseding Indictment is Explained

New York Law Journal

Gersbeck v. Cheema

September 22, 2017

Personal Injury Claim Failed; Plaintiff's Physician Found No Motion Limitation

New York Law Journal

Zamora-Leon v. United of Omaha Life Ins. Co.

September 22, 2017

Because Life Policies' Premiums Not Received, They Were Not 'Paid' and Properly Terminated

New York Law Journal

Sanctions Motion Filed Against Wigdor Plaintiff in Fox Defamation Suit

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.

New York Law Journal

Circuit Denies Paul Weiss Attorneys Fees for Duane Reade CEO's Criminal Trial

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.

New York Law Journal

Trader Accused of Running Bitcoin Ponzi Scheme

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.

New York Law Journal

Summer Is Over—Now It's Time for Vacation

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.

New York Law Journal

Interplay of CPLR 4111 and 5031 With Awards in Med Mal Lawsuits

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.

New York Law Journal

Greene v. Paramount Pictures Corp.

September 21, 2017

Film Production Firm's Presence as Defendant Destroyed Diversity but Firm Not Indispensable

New York Law Journal

Barack v. Seward & Kissel, LLP

September 21, 2017

Malpractice Suit Over Negligent Advise Over Firm's Sale Proceeds; Causation Pleaded

New York Law Journal

Bar-Levy v. 35-33 36th Str. Corp.

September 21, 2017

Court Setting Aside Excessive Award Must Give Option of New Trial or Reduced Award

New York Law Journal

Salter v. Catholic Health System

September 21, 2017

Title VII Suit Dismissed; Hospital Legitimately Fired Black Woman Nurse for Policy Violations

New York Law Journal

National Church of God of Brooklyn, Inc. v. Carrington

September 21, 2017

Pastor's Attempt to Transfer Church Assets Invalid; Membership Entitled to Injunction

New York Law Journal

Fuchs v. The City of N.Y.

September 21, 2017

Police Enjoyed Qualified Immunity During High Speed Pursuit of Reckless Driver

New York Law Journal

Australia and New Zealand Banking Group Ltd. v. APR Energy Holding Ltd.

September 21, 2017

Subpoena Seeking Documents for Australian Arbitration Quashed for Lack of Jurisdiction

New York Law Journal

The People v. Phillip

September 21, 2017

Distributing Tour Flyers to Passersby was Sufficient to Constitute Ticket Selling

New York Law Journal

Williams v. The Bethel Springvale Nursing Home

September 21, 2017

FLSA Suit Against Nursing Home Only Partly Dismissed; Class Decertification is Denied

New York Law Journal

21st Century Diamond, LLC v. Allfield Trading, LLC

September 21, 2017

Common Interest Exception Did Not Apply; Parties Had Business, Not Legal, Interests

New York Law Journal

Diaz v. 164-03 LLC

September 21, 2017

Landlord Obligated to Provide Duplicate Key And Additional Keys to Occupants Over 10

New York Law Journal

Defendants in Fox News Defamation Suit Push for Dismissal, Arbitration

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.

New York Law Journal

Recognition for Lawyers

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.

New York Law Journal

Dominican Bar Association Annual Scholarship Gala

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.

New York Law Journal

Conversation With Bharara on Public Corruption

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."

New York Law Journal

Lawyers: Blow the Whistle at Your Own Risk

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.

New York Law Journal

Recent Legislative, Regulatory Amendments Pertaining to Auto Insurance: Part II

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.

New York Law Journal

Wrangling the Wild West: SEC Steps in to Regulate Initial Coin Offerings

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.

New York Law Journal

Whispers and Secrets: Confidential Witnesses in Securities Litigation

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?

New York Law Journal

Crotona Park West HDFC v. Oliver

September 20, 2017

Amendment of Apartment Regulatory Status Not Permitted; Caused Dismissal of Action

New York Law Journal

Rizzo v. Applied Materials, Inc.

September 20, 2017

Medical Expert Precluded; Offered No Support for Causal Relationship Opinion

New York Law Journal

Amelius v. Grand Imperial LLC

September 20, 2017

Plaintiffs Denied Injunction Rearguement; No New Evidence of Likelihood of Success

New York Law Journal

Greater New York Taxi Assoc. v. The City of N.Y.

September 20, 2017

Discovery Motion Denied Where Documents Prepared for Legal Advice or Legal Action

New York Law Journal

J.A. v. J.M.G.

September 20, 2017

Matter Initiated and Child Resided in New York; Custody Jurisdiction Properly Exercised

New York Law Journal

Matter of Feldman v. City of N.Y.

September 20, 2017

Process Server License Renewal Denial Vacated for Reconsideration

New York Law Journal

Mason Tenders District Council of Greater N.Y. v. Western Surety Co.

September 20, 2017

Default Judgment Set Aside Where Defendant Did Not Conceal Address to Avoid Notice

New York Law Journal

USA v. Kuyumcu

September 20, 2017

Government's Expert Established Military Applications for Export-Restricted Goods

New York Law Journal

764 E. 213th St. Realty, LLC v. Royer

September 20, 2017

Landlord's Acceptance of Tenant's Public Assistance Check Vitiated Termination Notice

New York Law Journal

41 Great Jones Holdings, LLC v. Board of Managers of 40 Bond Condominium

September 20, 2017

Excavation Not Permitted by Easement That Materially Increased Burden on Servient Lot

New York Law Journal

Stewart v. Riviana Foods Inc.

September 20, 2017

Deceptive Packaging Claim Failed; Package, Shelf Tag Accurately Stated Product Weight

New York Law Journal

The Rewritten Rules of Power Dressing

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.

New York Law Journal

LIBOR and the Future of Floating Rate Mortgage Loans

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.

New York Law Journal

Realty Law Digest

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.”

New York Law Journal

Defamation Suit Against Rolling Stone Is Revived by 2nd Circuit Panel

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.

New York Law Journal

Circuit, Building on Post-'Spokeo' Law, Affirms Dismissal for Lack of Concrete Injury

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.

New York Law Journal

SDNY Finds Coverage for Payment Instruction Fraud Loss

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.

New York Law Journal

Judiciary Law §487 Suffers an Earthquake

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.

New York Law Journal

2026 Westchester Realty, LLC v. Morel

September 19, 2017

Death of Record Tenant Insufficient Basis for Termination of Residential Lease

New York Law Journal

Foster v. Fordham University and Caldwell & Walsh Building Construction, Inc.

September 19, 2017

Injury Claim under Labor Law Proceeded; Triable Issues Over Hazardous Conditions

New York Law Journal

USA v. Male

September 19, 2017

Transfer to Adult Status Granted Due to Nature of Crimes and Defendant's Maturity

New York Law Journal

International Business Machines Corp. v. United Microelectronics Corp.

September 19, 2017

Defendant Obligated to Pay Contract Where Agreement Created No Condition Precedent

New York Law Journal

18 Associates, LLC v. Court Street Pizza, Inc.

September 19, 2017

Lease Violations No Support for Termination; Landlord Failed to Show Harm

New York Law Journal

James v. N.Y. City Health and Hospitals Corp.

September 19, 2017

Sexual Harassment Claim Allowed for Prima Facie Allegations of Hostile Environment

New York Law Journal

Scheurer v. Berryhill

September 19, 2017

In Denial of Benefits ALJ Erroneously Discredited Treating Experts' Reports

New York Law Journal

Arnon Ltd (IOM) v. Beierwaltes

September 19, 2017

Breach of Contract Claim Failed; Beneficial Owner of Purchaser Lacked Authority

New York Law Journal

Riccobono v. The State of N.Y.

September 19, 2017

Negligent Inspection Not Covered by Policy Which Excluded Engineering Inspection

New York Law Journal

Palmer/Kane LLC v. Gareth Stevens Publishing

September 19, 2017

Factual Dispute Over Plaintiff's Standing and License Preclude Summary Judgment

New York Law Journal

Gennarelli v. Cherkovsky

September 19, 2017

Holdover Petition Permitted Where Rent Acceptance after Lease Created Tenancy

New York Law Journal

Celebrating Constitution Day

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.

New York Law Journal

Pre-Impact Terror Damage Awards

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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