The Court of Appeals has three cases on its docket for today's arguments (the Court's case summaries can be found here), addressing whether the State may be apportioned liability in a tort case in the trial level Supreme Court even when it cannot be sued there directly, whether a criminal defendant was denied a fair …
Continue reading "Court of Appeals January Session: Arguments of Interest for January 5, 2017"
In Turturro v City of New York (No. 196) previewed here, the Court of Appeals was asked to determined whether a municipality may be held liable for failing to keep its roads in a reasonably safe condition where it has notice that drivers speed along its roads and the municipality doesn’t take reasonable action to …
After the December oral argument recess, the Court of Appeals resumes a full argument calendar in January back at Court of Appeals Hall (as always, live video of the Court's arguments can be viewed here). Of the arguments on the docket for this afternoon (summaries of the arguments can be found here), one is of …
Continue reading "Court of Appeals January Session: Arguments of Interest for January 3, 2017"
In Hain v Jamison (No. 201) previewed here, the Court of Appeals reversed an order of the Appellate Division, Fourth Department that had dismissed all claims against a farm that owned an escaped calf that the decedent had stopped her car to help out of the middle of the road. The Fourth Department had held …
In Matter of Newcomb v Middle Country Cent. Sch. Dist. (No. 198) previewed here, the Court of Appeals reversed an order of the Appellate Division, Second Department that had denied the plaintiff's request to serve a late notice of claim under General Municipal Law § 50-e(5) on the school district, alleging that a sign advertising a …
In Stonehill Capital Mgmt., LLC v Bank of the West (No. 191) previewed here, the Court of Appeals held that Bank of the West could not withdraw its acceptance of Stonehill Capital Management's winning bid at an auction of an $8.8 million syndicated loan. The Court rejected the Bank's argument that it was not bound …
In December, the Court of Appeals generally forgoes oral argument on new appeals, but still has two days of session called Decision Days. The Court during these days issues its final decisions from the November session, and tries to wrap up other pending matters before the start of the new year. During the first release …
In Matter of ACME Bus Corp. v Orange County (No. 182), the Court of Appeals was asked to address whether, during the municipal bidding required for the award of local government contracts under General Municipal Law 104-b, the municipality must adhere to the public bid evaluation criteria set out in the request for proposals ("RFP") …
In Matter of Odunbaku v Odunbaku (No. 183), the Court of Appeals was asked to decide whether a represented mother's objections to a Family Court support order were timely made when they were served 41 days after the Family Court clerk mailed the mother a copy of the order directly, but failed to mail a …
In Matter of Diegelman v City of Buffalo (No. 168) previewed here, the Court of Appeals held that a police officer injured in the line of duty may pursue a negligence claim against his employing municipality for a negligent violation of a statutory or regulatory duty where the municipality elects not to provide workers' compensation …
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