New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | May 16, 2023
The Court of Appeals last month affirmed an Appellate Division, Second Department decision and held that taxicab companies could not sue the city of New York (NYC) and the Taxi and Limousine Commission (TLC) for the diminished value of their taxicab medallions because the TLC never promised to take steps to protect the value of the medallions.
New York Law Journal | Analysis
By Ben Fleming and Samuel Rackear | May 16, 2023
Late last month, the U.S. Supreme Court heard oral argument in Dupree v. Younger, No. 22-210. The case presents a seemingly arcane issue of federal civil procedure: whether a Rule 50 motion after trial is required to preserve for appeal a purely legal claim that was previously rejected at summary judgment.
By Jason Grant | May 12, 2023
"Workers who observe a coworker in peril may feel a heightened obligation to assist that coworker, with whom the rescuer may have a bond of shared experience and endeavor," said the Appellate Division, First Department court in a detailed, signed opinion.
By Jason Grant | May 11, 2023
"The Board of Elections properly construed 'member of the council who . . . is removed from office' (NY City Charter § 25 [a]) to include a council member who is expelled by vote of the council (see NY City Charter § 45)," wrote the Appellate Division, First Department panel. "This interpretation is consistent with the common meaning of 'remove,'" it added.
New York Law Journal | Commentary
By Damien Bosco | May 11, 2023
To make a viable argument on appeal, the appellant has to show that counsel at the trial level, or counsel at the appellate level when appealing to a higher court, failed to meet the standard set forth in federal or state law to be effective counsel. The standard differs between federal and New York law.
By Jason Grant | May 9, 2023
"The allegations ... which employed rhetoric or detailed defendant's misconduct toward other women and his relationships with notorious third parties, were scandalous and prejudicial, and not necessary to establish any element of plaintiff's causes of action," the Appellate Division, First Department court states in its opinion.
By Jason Grant | May 9, 2023
"Although the proposed amended pleadings were verified only by counsel, the existence of the relevant contracts was within counsel's knowledge," said an Appellate Division, First Department panel in its decision.
By Brian Lee | May 5, 2023
The case is set for arguments in the state's top court on May 17, with Charles Stinson of the Tullen Law Firm of Washington, D.C., representing the Missouri-based trucking association.
By Jason Grant | May 2, 2023
"Each of the alleged acquired benefits [of the ultimate agreement regarding how the election would proceed] were provided to the members of Local 372 without the need for filing a lawsuit since the constitutions and election code provided plaintiffs with internal administrative remedies," said the Manhattan-based appellate court.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | May 2, 2023
Like those of her predecessors, Judge Lisa A. LeCour's report is full of information that will be of interest not only to appellate practitioners and dedicated court watchers, but to anyone seeking to learn about the role and operation of our state's highest tribunal at a time when the governor's appointment of a new Chief Judge and an Associate Judge has been a much-publicized matter of public interest and debate.
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