It was only a few weeks ago that the Third Department held, for the first time in New York, that a married same sex couple is entitled to the presumption that a child born during their marriage is a child of the marriage. Now, the Second Department has agreed. In Matter of Joseph O. v …
Appellate Division E-Filing Begins March 1, 2018 with Brand New Uniform Rules
Just a few weeks ago, Chief Judge Janet DiFiore announced in her State of Our Judiciary speech that e-filing appeals in the Appellate Division would begin on March 1st. After the Office of Court Administration sought comments on proposed e-filing rules last summer, we knew that e-filing would soon begin. But the official date hadn't …
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Court of Appeals: Private Facebook Posts are Discoverable Under Normal Discovery Rules
Like privacy wonks have always said, everything you do online will live on forever. In metadata, back up tapes, and the cloud. The same is true for what you say on Facebook, Twitter, or any other social media platform. And although privacy settings can protect your content from the general public, limiting it to sharing …
Court of Appeals February Session: Arguments of Interest for February 14, 2018
Happy Valentine's Day! The Court of Appeals wraps up its February Session with three cases on the calendar (the Court's case summaries can be found here). The specific issues the Court will face include: (1) whether a plaintiff seeking summary judgment on the issue of liability must establish, as a matter of law, that he …
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Court of Appeals February Session: Arguments of Interest for February 13, 2018
The Court of Appeals is back for a 2-day week of arguments to wrap up the February Session at Court of Appeals Hall. The Court has 3 cases on the argument docket today (the Court's case summaries can be found here), the highlight of which finds former Court of Appeals Judge Victoria Graffeo in her …
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Court of Appeals February Session: Arguments of Interest for February 8, 2018
The Court of Appeals' February session continues on Thursday, February 8, 2018 with three cases on the argument docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether in misappropriation of trade secrets cases, damages can be measured by the misappropriator's costs avoided, and whether …
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Court of Appeals February Session: Arguments of Interest for February 7, 2018
The Court of Appeals' February Session continues on Wednesday, February 7, 2018, with four cases (three arguments) on the docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether a contract of insurance that provides it will cover as an additional insured any party that …
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Court of Appeals February Session: Arguments of Interest for February 6, 2018
The Court of Appeals returns for the February Session on Tuesday, February 6, 2018. First on the agenda for the Court is Chief Judge Janet DiFiore's State of Our Judiciary speech earlier in the morning at 11:30 a.m. The Chief Judge is expected to report on the progress of her Excellence Initiative, which was designed …
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New York DFS Lawsuit Update: Plaintiffs Seek Summary Judgment that DFS Law Violates New York’s Constitutional Ban on Gambling
Gambling is gambling is gambling, the plaintiffs argue. Whether it's wagering on horse racing at Saratoga, playing poker or roulette in one of New York's 4 new casinos, or playing daily fantasy sports at DraftKings or FanDuel, it's all prohibited by the New York Constitution's ban on gambling. The only difference is that the Legislature …
Third Department Extends Child of the Marriage Presumption to Same Sex Spouses for the First Time
A child is born to a married woman. Under New York law, the child is presumed to be a product of the woman's marriage. The presumption can be rebutted, of course, but in the beginning, the law assumes that the children of married spouses are legitimate. That makes sense. New York's policy is to keep …
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