New York employees have pretty great health insurance options. Having left the State's employ and its health insurance to move to the private sector and non-collectively bargained health insurance, believe me, I know. Premiums are low. Coverage is high. And the State covers a substantial part of the cost. So too for New York's judges. …
Third Department Justices Disagree on Whether Student Accused of Sexual Assault Should Have Right to Cross-Examine Accuser
The Appellate Division, Third Department has decided a number of significant issues recently involving the State University of New York's disciplinary system in sexual assault cases. First, it was Matter of Haug v State Univ. of N.Y. at Potsdam, in which the Court annulled the expulsion of a student accused of sexual assault, finding that …
Court of Appeals January Session: Arguments of Interest for January 10, 2018
The Court of Appeals wraps up its January Session arguments on January 10, 2018 with cases that make the procedural geek in me smile. There are three cases on the argument calendar today (the Court's case summaries can be found here), two of which involve really interesting (to me at least) procedural issues about counterclaims …
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Court of Appeals January Session: Arguments of Interest for January 9, 2018
The Court of Appeals is back for the final week of the January Session. There are only two days of argument this week, and three cases are on the docket today (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether the Long Island Power Authority …
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Court of Appeals Answers Second Circuit Certified Questions in World Trade Center Cleanup Suit Against Battery Park City Authority
After the 9/11 terrorist attack, first responders and volunteers spent weeks/months/years cleaning up the City from the debris and dust left after the World Trade Center towers fell. A few of the buildings that were cleaned up were owned by the Battery Park  City Authority, a public benefit corporation created by the Legislature to spur …
Court of Appeals January Session: Arguments of Interest for January 4, 2018
The Court of Appeals' January Session continues on Thursday, January 4, 2018, with three cases on the calendar (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) when is a municipality an intended third-party beneficiary of a professional services contract between a professional and a property …
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Court of Appeals: When a Court Dismisses an Uncertified Class Action, Notice to Class Members is Mandatory
Today, I'm happy to present a guest post by Jared Cook (@jkimballcook on Twitter), an attorney with the Rochester firm Adams Bell Adams, PC. Jared’s practice focuses on civil appeals, construction contract disputes, employment law, civil rights, and class actions. Contact him at jcook@abalawpc.com. A plaintiff files a complaint with class action allegations, but before …
Court of Appeals January Session: Arguments of Interest for January 3, 2018
The Court of Appeals' January Session continues on January 3, 2018 with three cases on the argument calendar (the Court's case summaries can be found here). The Court will address the following issues today: (1) whether the New York City Housing Authority arbitrarily denied a son succession rights to his deceased mother's apartment after he …
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Court of Appeals January Session: Arguments of Interest for January 2, 2018
Happy New Year! After about a six week layoff, the Court of Appeals' argument calendar resumes on Tuesday, January 2, 2018 for the first day of the January Session. The Court will hear arguments today in four cases on the following issues: (1) what is the appropriate standard to be applied for disclosure of private …
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Court of Appeals Holds Reinsurance Agreements Must Be Interpreted Like Any Other Contract
Reinsurance is insurance for insurers. Big money insurers often seek to defray their risk by paying a reinsurer to cover some of their liability for big payouts. For example, if an insurer issues a $10 million business policy, a reinsurance policy might cover half of that. So if a $10 million claim is paid by …
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