New York Law Journal | Analysis
By Elliott Scheinberg | February 13, 2024
The legal universe is coated in general rules and principles but, as well known, general principles and rules have their individualized specific exceptions. This article examines such instances in appellate procedure.
By Brian Lee | February 8, 2024
Third Department Justice Michael Lynch's opinion gave weight to a court official's affidavit that explained the process for evaluating exemption requests and explaining each denial.
New York Law Journal | Analysis
By Barry Kamins | February 5, 2024
In 'People v. Bay', the court acknowledged the raison d'etre of the new law: that the People cannot be ready for trial without having fully complied with their discovery obligations.
New York Law Journal | Commentary
By David. H. Moskowitz | January 31, 2024
The two Donald Trump civil lawsuits in New York provide useful lessons about litigation when it comes to anonymous juries and unanimous verdicts, and how the defense should operate when they are losing a case.
By Ellen Bardash | January 18, 2024
The Jan. 17 decision, as a summary order, doesn't set an official precedent, but it signals to attorneys what level of evidence may be needed for a case claiming transaction-related NDAs were breached to have a chance at going to trial. Judges John M. Walker Jr., Denny Chin and Beth Robinson considered the appeal.
By Howard W. Kingsley | January 16, 2024
Howard Kingsley, who represented Broom Lender in "Broome Lender LLC v. Empire Broome LLC," discusses the case and how the Appellate Division, First Department removed common obstacles and cleared the path for assignees of mortgage loans to foreclose easily and quickly. Kingsley offers that the case is a "major win for lenders and their assignees because there had not been a prior decision by a New York state court where it found that, although standing was not established through an allonge, standing was established on summary judgment by the assignment of the note."
New York Law Journal | Analysis
By Samuel Butt and John Moore | January 11, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Gary R. Brown dismissed a complaint against United States Bankruptcy Court Chief Judge Alan S. Trust and others based on judicial immunity. Magistrate Judge Vera M. Scanlon denied a motion for sanctions and adverse inferences. Magistrate Judge James M. Wicks granted a motion to disqualify counsel.
By Brian Lee | January 10, 2024
Court of Appeals Judge Jenny Rivera sounded unconvinced by an argument that the virus had changed the environment inside eateries.
New York Law Journal | Analysis
By Justin T. Green and Kevin Mahoney | January 9, 2024
The most hotly contested aviation law issue in the United States has been whether and to what extent federal law preempts state law. The stakes in the fight over preemption are high because a preemption finding can truly lead to virtual immunity for an aviation manufacturer of a defective product. Given these stakes, the authors of this article address the state of play in the Second Circuit given the recent 'Jones' decision.
New York Law Journal | Analysis
By Adam Safer and Muryum Khalid | January 8, 2024
Financial institutions seeking to recover on promissory notes and unconditional guarantees can often obtain quick relief from CPLR 3213, but only if claims are "for the payment of money only." However, not all guarantees are eligible for expedited treatment under CPLR 3213.
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