In Matter of Avella v City of New York (No. 54), previewed here, the Court of Appeals was asked to decide whether the plans to redevelop the blighted former Shea Stadium site as a retail mall and a movie theatre, known as Willets West, exceeds what the Legislature allowed when it approved the alienation of …
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You walk into Whole Foods and see organic this, grass fed that, and cage free, free range the other. What don't you see? A large sign that says: "Buy some prepackaged tabouli. We have overweighted it and will charge you more than you're actually going to get. You're welcome." That's what the plaintiff in John …
The list of names to fill the Court of Appeals seat vacated after the tragic death of Associate Judge Shelia Abdus-Salaam has been narrowed to 7. Â In what was a really quick two-week turnaround (the Commission's selection process typically takes months), the Commission on Judicial Nomination reviewed 40 applications, interviewed 16 of the applicants, and …
This is it, the final day of argument before the Court of Appeals' break for the summer. Â There are only two cases on the argument docket today (the Court's case summaries can be found here), which present the following issues: (1) whether a bail bondsman may retain a bail bond premium if the bond is …
Continue reading "Court of Appeals May-June Session: Arguments of Interest for June 1, 2017"
The Court of Appeals' May-June Session continues on May 31st with three cases on the argument docket (the Court's case summaries can be found here). The Court will address the following issues: (1) whether a decedent entered a binding and irrevocable agreement with his grandsons to care for and maintain his rental property in exchange …
Continue reading "Court of Appeals May-June Session: Arguments of Interest for May 31, 2017"
The Court of Appeals begins its final argument session before the summer recess on Tuesday, May 30th. This is a short one-week session with only three days of argument, as is typical for the May-June Session. Today, there are three cases on the argument docket ( the Court's case summaries can be found here), which …
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Following the Second Circuit's opinion in Christiansen v Omnicom Group, where the Court held it was constrained to dismiss a sexual orientation discrimination claim under Title VII because a three-Judge panel of the Court could not overrule the binding precedent in Simonton v Runyon, which held that sexual orientation discrimination claims are not cognizable under …
After the Supreme Court unanimously held in March that New York's credit card surcharge law regulates speech, the Second Circuit has taken up the case again. As a refresher, New York General Business Law § 518 provides that that “[n]o seller in any sales transaction may impose a surcharge on a holder who elects to …
When the first few lines of an opinion begin like this, you pretty much know how it will end. In Matter of Acevedo v New York State Department of Motor Vehicles (Nos. 40, 41, and 42), the Court of Appeals rejected three challenges brought by recidivist drunk drivers to new regulations adopted by the DMV that foreclosed …
In Makinen v City of New York, two New York City police officers sued the City and the Police Commissioner alleging that they were discriminated against because they were perceived to be untreated alcoholics, a form of disability discrimination. Â The problem is, they weren't alcoholics at all, and the express terms of the New York …
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