Grand Theft Auto V is the latest in a popular series of the video games where the player controls one of several main characters in a mob family/drug cartel story that takes place in the fictional city of Los Santos, San Andreas. After the game was released, Plaintiffs Lindsay Lohan and Karen Gravano (of the …
Court of Appeals Holds County Not Liable for Sexual Assault of Plaintiff at County-Owned BOCES Program
In Tara N.P. v Western Suffolk Bd. of Cooperative Educational Services (No. 8) previewed here, a teenage female student was sexually assaulted by a Level III sex offender that Suffolk County had assigned to perform maintenance work at the BOCES program where the student was taking classes. The County owned the property and leased the building to …
Court of Appeals Declares that No Insurance Coverage Exists for Tower Crane Damaged During Superstorm Sandy
In Lend Lease (US) Construction LMB Inc. v Zurich American Insurance Company (No. 11) previewed here, the owner and construction manager of a 74-story high rise being built in midtown Manhattan sought coverage for damage caused to the tower crane being used to build the building during Superstorm Sandy in October 2012. Zurich, one of …
Court of Appeals Holds the State Cannot be Apportioned Fault in Personal Injury Case in Supreme Court
In Artibee v Home Place Corporation (No. 5) previewed here, the Court of Appeals held that CPLR 1601(1), which modifies the normal rule of joint and several liability by limiting the liability of a joint tortfeasor with 50% or less of the total liability for noneconomic loss to the tortfeasor’s actual proportion of fault, does …
Court of Appeals February Session: Arguments of Interest for February 15, 2017
The Court of Appeals' February Session concludes on Wednesday, February 15, 2017 with three arguments on the docket (the Court's case summaries can be found here). The Court will face the following issues today: (1) whether a sex offender may be assessed points in the Sex Offender Registration Act assessment for victimization of a stranger …
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Court of Appeals February Session: Arguments of Interest for February 14, 2017
The Court of Appeals' February Session continues on Valentine's Day, with three cases on the Court's argument docket (the Court's argument summaries can be found here). At issue before the Court today is (1) whether a plaintiff who fell down wet scaffolding stairs can be granted summary judgment on liability in a Labor Law 240 …
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Court of Appeals Holds that the Term “Mediation” in a Fee Sharing Agreement is Not Necessarily Limited to a Single Day
In Marin v Constitution Realty, LLC (Menkes v Golomb) (No. 2), an attorney fee sharing dispute previewed here, plaintiffs' principal attorney, Sheryl Menkes, retained Jeffrey A. Manheimer to act as her co-counsel for the case, to take depositions, and to take the case to trial if necessary. Their agreement provided that for these services, Manheimer would …
Court of Appeals February Session: Arguments of Interest for February 9, 2017
The Court of Appeals' February Session continues on Thursday, February 9th with three cases on the docket (the Court of Appeals' case summaries can be found here). The Court will address the following issues: (1) whether a criminal defendant "displays" a firearm for purposes of a first degree robbery conviction when the defendant says he has …
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Court of Appeals February Session: Arguments of Interest for February 8, 2017
The Court of Appeals' February Session continues on Wednesday, February 8th with three cases on the docket (the Court of Appeals' case summaries can be found here). The Court will address the following issues: (1) whether a criminal defendant was denied effective assistance of counsel where his attorney failed to cross-examine the only witness to …
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Court of Appeals February Session: Arguments of Interest for February 7, 2017
The Court of Appeals' February Session begins on Tuesday, February 7th with three cases on the docket (the Court of Appeals' case summaries can be found here). The Court will address the following issues: (1) whether an order denying a motion to quash a bulk search warrant issued under the Stored Communications Act is appealable; …
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New York Appeals 