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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Court of Appeals January Session: Arguments of Interest for January 12, 2017
The Court of Appeals' January Session concludes on Thursday, January 12, 2017, with three criminal cases on the argument docket (the Court of Appeals' case summaries can be found here). The Court will address the following issues: (1) whether a police officer may be convicted of official misconduct for malfeasance where he performs an authorized police …
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Court of Appeals Accepts Second Circuit Certified Question Whether Reinsurance Cap Limits Liability for Both Losses and Expenses
On January 10, 2017, in Global Reinsurance Corporation of America v Century Indemnity Company, the Court of Appeals formally accepted the following certified question from the U.S. Court of Appeals for the Second Circuit: "Does the decision of the New York Court of Appeals in Excess Insurance Co.v. Factory Mutual Insurance Co., 3 N.Y.3d 577 …
Court of Appeals January Session: Arguments of Interest for January 11, 2017
The Court of Appeals' January Session continues on Wednesday, January 11, 2017, with three cases on the docket (the Court's case summaries can be found here). The Court will address (1) whether a police officer who witnessed and videoed the administration of a breathalyzer test may be used as a substitute witness to introduce the …
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