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June 05, 2024 | New York Law Journal

Court of Appeals Evidence Decisions: A Potpourri of Rules for Criminal and Civil Actions

The 2023–2024 term of the Court of Appeals has seen a large uptick in the number of appeals decided by the court as compared to previous terms. This is especially true as to decisions deciding important and significant evidence issues.
13 minute read
February 14, 2024 | New York Law Journal

'Appellate Advocates': Application of Attorney-Client Privilege to Government Communications and More

A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
11 minute read
August 16, 2023 | The Recorder

Demon Nun Actress in 'The Conjuring' Franchise Claims Studios Shorted Her on Merchandising Revenues

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
April 21, 2023 | New York Law Journal

Panel Says Judge Didn't Have to 'Rubber Stamp' Schoharie Limo Operator's No-Jail Plea Agreement

Justice Sharon Aarons' dissent expressed surprise "that the plea agreement was eviscerated in a fleeting moment."
5 minute read
March 10, 2023 | New York Law Journal

Former NY State Senator Loses Appeal in Bid to Erase Sexual Harassment Investigation

The appeals court's decision on Thursday came about a week after Erica Vladimer deplored Jeffrey Klein's recent re-emergence in the state Capitol for a lobbying effort.
3 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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February 01, 2023 | New York Law Journal

Attorney-Client Privilege: 2022 Instructive Decisions

Due to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.
12 minute read
December 09, 2022 | New York Law Journal

Schwab Gasparini Partner Wins Series of Accidental Retirement Disability Cases in Albany Appeals Court

The three cases are within the same timeframe as a recent New York Court of Appeals case that was in some ways similar, but resulted in a win for the state of New York.
6 minute read
November 01, 2022 | New York Law Journal

Lawyers Wrangle Over Counting Absentee Ballots as Election Looms

By enacting the absentee voting law, the legislature tried to create parity between the treatment of votes by absentee and votes in person on Election Day, a lawyer said.
9 minute read
November 01, 2022 | New York Law Journal

Realty Law Digest

In this week's Realty Law Digest column, Scott Mollen discusses "Matter of Barnes Rd. Area Neighborhood Assn. v. Planning Bd. of the Town of Sand Lake," where it was held that the court could not use its own judgment to overrule the determination by the town's planning board, and "Gunsalus v. County Of Ontario," where a home's sale at foreclosure was set aside because it was determined to be not a transfer for a reasonably equivalent value.
16 minute read
August 11, 2022 | New York Law Journal

Appeals Court Allows Ogdensburg to Shift Collection, Enforcement of Delinquent Taxes to County

St. Lawrence County, citing Article 11 of the Real Property Tax Law, argued the city could not unilaterally force the county to assume the responsibility.
6 minute read

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