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September 05, 2023 | New York Law Journal

A New Term at the Appellate Division, First Department

As the Manhattan-based midlevel appeals court looks ahead to a new term, its presiding justice reflects on her nascent tenure at its helm.
7 minute read
Appellate Division, Second Department: August 30, 2023
Publication Date: 2023-08-30
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Motion List & Order on Application released on:August 28, 2023

August 29, 2023 | New York Law Journal

Second Department Announces First-Ever All-Latino Panel for Upcoming Arguments

Oral arguments are scheduled to take place in the court's historic courtroom at 45 Monroe Place by Justice Betsy Barros, Helen Voutsinas, and Lourdes Ventura with Justice Hector LaSalle presiding.
2 minute read
Abraham v. Acton
Publication Date: 2023-08-28
Practice Area: Civil Appeals | Damages | Real Estate
Industry:
Court: Court of Appeals
Judge: Justice Soto
Attorneys:
For plaintiff:
For defendant:
Case number: 08-22-00079-CV

Appellant entered into an agreement with Maratza to purchase title to a piece of property for which Maratza had mortgages with due-on-sale clauses.

Acosta v Faraones Nightclub
Publication Date: 2023-08-24
Practice Area: Intellectual Property
Industry:
Court: U.S. District Court for New Jersey
Judge: Magistrate Judge Hammer
Attorneys:
For plaintiff:
For defendant:
Case number: 18-17710 (MAH)

Plaintiff moved for default judgment against defendant.

Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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August 21, 2023 | New York Law Journal

Decisions: Primary Assumption of Risk Doctrine, Relation Back Doctrine, Long Arm Jurisdiction and Arbitration

This piece summarizes several significant civil procedure decisions handed down by the New York Court of Appeals during its 2022–23 term, including an important one revisiting the primary assumption of risk doctrine. We also discuss decisions addressing the CPLR's relation back doctrine, long arm jurisdiction under CPLR 302, and a dispute between the Baltimore Orioles and Washington Nationals stemming from an arbitration conducted by Major League Baseball.
17 minute read
Havens v. James
Publication Date: 2023-08-17
Practice Area: Civil Appeals
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Steven J. Menashi
Attorneys:
For plaintiff: For Plaintiff-Appellant: John T. Refermat, Refermat Hurwitz Daniel PLLC, Rochester, NY.
For defendant: For Defendant-Appellee Letitia A. James: Barbara D. Underwood, Solicitor General, Victor Paladino, Senior Assistant Solicitor General, on the brief, Dustin J. Brockner, Assistant Solicitor General, for Letitia A. James, Attorney General of the State of New York, Albany, NY. For Defendant-Appellee City of Rochester: Spencer L. Ash for Timothy R. Curtin, Corporation Counsel of the City of Rochester, Rochester, NY.
Case number: 20-664-cv

Plaintiff, Who Was Not a Named Party to Injunction, Is Not Bound by That Injunction

People v. Flores
Publication Date: 2023-08-15
Practice Area: Criminal Law
Industry:
Court: Criminal Court, Bronx
Judge: Judge Yadhira González-Taylor
Attorneys:
For plaintiff: For the People By: ADA Samantha A. Miller, Darcel D. Clark, District Attorney, Bronx County.
For defendant: For the Defendant: David Narain, Esq.
Case number: CR-015631-22BX

Co-Defendant's Lack of Court Appearance Not Added to Speedy Trial Clock, Court Rules

Appellate Division, First Department: August 14, 203
Publication Date: 2023-08-14
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:August 10, 2023

Chapman v. The State
Publication Date: 2023-08-10
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Brandon Bullard, (The Bullard Firm, LLC), Atlanta, Charles Cauble, (The Law Office of Charles Hudson Cauble, P.C.), Newnan, Megan Harrison, (Coweta County Public Defender), Newnan, for appellant.
For defendant: David Parrish, Marietta, John Cranford, Jessica Williams-Vickery, (Coweta Judicial Circuit), Newnan, for appellee.
Case number: A23A0234

Traffic Officer's Reasonable But Mistaken Belief That Driving On Fog line Was Illegal Justified Stop

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