• New York Law Journal | Analysis

    Confrontation Anyone? Supreme Court, Court of Appeals Revisit 'Bruton' and 'Crawford' Rules

    By Michael J. Hutter | December 6, 2023

    The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.

  • New York Law Journal | Expert Opinion

    The Imperative for New York To Adopt the 2022 Amendments to the UCC

    By Alan Kolod and Eric Marcus | December 6, 2023

    Alan Kolod and Eric Marcus, members of the subcommittee of the NYC Bar Association committee that helped prepare the New York version of the 2022 UCC Amendments, share their views on the importance of New York enacting the new proposed amendments to the Uniform Commercial Code.

  • New York Law Journal | Analysis

    Judgment Lienholders Versus UCC Lienholders: Who Wins When It Comes to Cash?

    By Barbara M. Goodstein and John M. Conlon | December 6, 2023

    Judgment creditors frequently encounter difficulties enforcing their judgments against debtors, particularly those in distressed circumstances. A recent decision by the Court of Appeals of Ohio in 'Wulco v. The O'Gara Group & Monroe Capital Partners Fund' involved a battle between a judgment creditor and a UCC secured creditor, each seeking to obtain funds in a debtor's bank account. The court examined not only the relative rights of the creditors as to those funds, but also whether a court clerk to whom the funds were transferred (as part of garnishment proceedings) could be a "transferee" under Section 9-332 of the Uniform Commercial Code, thereby stripping away any prior security interest.

  • New York Law Journal | Analysis

    Thanksgiving Revelations From the New York Court of Appeals

    By Christopher Dunn | December 6, 2023

    In the quiet of the Thanksgiving week, the New York Court of Appeals delivered a blockbuster batch of decisions that herald a new day for constitutional claims presented by criminal defendants in New York. The 12 decisions released on Nov. 21 are the first significant group of rulings in criminal cases from the newly constituted Court of Appeals and signal a dramatic realignment of the court's seven judges.

  • New York Law Journal

    Statute of Limitations for Mortgage Foreclosure Actions; Illegal Lockout Proceeding: This Week in Scott Mollen's Realty Law Digest

    By Scott Mollen | December 5, 2023

    Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.

  • New York Law Journal

    The Well-Intended Human Rights Violation

    By Gary M. Rosenberg, Cori A. Rosen and Ethan R. Cohen | December 5, 2023

    Regardless of intent, residential real estate professionals, owners, and landlords in New York could be violating New York's complex human rights law. Here, attorney, Cori Rosen, the expert human rights attorney at Rosenberg & Estis, along R&E members Gary Rosenberg and Ethan Cohen, explore the obligations of real estate professionals, and the best ways to mitigate exposure to opportunistic litigation.

  • New York Law Journal | Analysis

    'Kerson v. Vermont Law School'

    By Thomas Kjellberg and Robert W. Clarida | December 5, 2023

    In 1993, Kerson and the Vermont Law School entered into an agreement for Kerson to paint two murals on the walls of the upper level of the Chase Community Center. During the summer of 2020, the law school's president received a petition demanding the removal of the murals. Kerson sued the law school, seeking a preliminary injunction enjoining it from placing panels over the murals, invoking his rights under VARA.

  • New York Law Journal

    Protecting Children of Divorce Against Weaponized Social Media, Part 3: How Automatic Orders Against the Use of Harmful Social Media Offer Protection for Children

    By Gus Dimopoulos | December 5, 2023

    In this three-part series, Gus Dimopoulos uses recent decisions such as Kassenoff v. Kassenoff and Walsh v. Russell to discuss the detrimental effects of social media on children in divorce cases and the importance the above rulings have on protecting children of divorcing parents. This final part looks at what's being done to stop harmful content at its source, and how the New York court administration should make the benefits of recent holdings available to all divorce litigants and their children through standing, automatic orders precluding disparaging posts about the parties and their children.

  • New York Law Journal | Analysis

    Religious and Disability Accommodation Requests Post-COVID—and Post-'Groff'

    By Nicholas J. Pappas and Jack Sullivan | December 5, 2023

    This article explains the current legal landscape employers face in evaluating requests for accommodations on the basis of religion or disability by explaining the recently announced standards for assessing requests for religious accommodations and summarizing the longstanding standards for assessing requests for disability-related accommodations.

  • New York Law Journal

    Trademark Board Decision Clarifies Abandonment Principles

    By Tal S. Benschar | December 4, 2023

    A recent decision of the Trademark Trial and Appeal Board contains several important principles to evaluate abandonment claims.

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