The Court of Appeals recently took a look at harmless error analysis in a criminal defendant’s challenge to a guilty plea, what a criminal defendant must show to be entitled to charge the jury with a justification defense to murder, whether a constitutional right to assigned counsel exists in administrative proceedings, and interesting to me …
NYSBA CasePrepPlus Newsletter 11.22.24: When Can the Police Justify a Warrantless Search Under the Plain View Exception?
The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures. Warrantless searches presumptively violate that constitutional right, unless the police can show an exception to the warrant requirement applies. The plain view exception is one such exception, but as the Fourth Department explained recently, it only applies when the tangible …
NYSBA CasePrepPlus Newsletter 11.15.24: Does a County Owe a Special Duty to a Child Placed in Foster Care?
The Second Department decided two very significant cases recently, both of which could head next to the Court of Appeals. First, the Court departed from the holdings of the First and Fourth Departments to conclude that a county owes a special duty to a child placed in foster care, and thus “a plaintiff alleging that …
NYSBA CasePrepPlus Newsletter 11.8.24: NY Court of Appeals Rejects the Latest Constitutional Challenge to New York’s Absentee Ballot Vote Counting Rules
What happens when absentee ballots are being counted and the canvassers disagree on whether the voter’s signature on the envelope matches their signature on the polling record? Under an amendment to the Election Law adopted following the 2020 election, the law says that the vote counts. A group of plaintiffs argued, however, that that violates …
NYSBA CasePrepPlus Newsletter 11.1.24: When Can the New York Court of Appeals Decline to Take Up Certified Questions From the Second Circuit?
The New York Court of Appeals did something this week that it rarely does. After the United States Court of Appeals for the Second Circuit certified a novel question of state law to the Court of Appeals, the Court of Appeals declined, respectfully, to take the case. Although the Court’s one-line order does not offer …
NYSBA CasePrepPlus Newsletter 10.25.24: Are Tenured Teachers Entitled to Statutory Due Process Hearings Before Facing Consequences for Violating a Condition of Employment?
The Court of Appeals is back this week with its first opinions of the 2024-25 term, providing useful guidance for when tenured teachers are entitled to statutory hearings under Education Law § 3020-a and when municipal highway workers are immune from liability for ordinary negligence claims under the Vehicle and Traffic Law. Let’s take a look …
NYSBA CasePrepPlus Newsletter 10.18.24: Can a Commercial Lender Be Immune From New York’s 6-Year Statute of Limitations to Bring a Mortgage Foreclosure Action?
Can a commercial lender be immune from New York’s 6-year statute of limitations to bring a mortgage foreclosure action? The Second Department took the opportunity recently to clarify that although the United States and federal agencies may be immune from New York’s statute of limitations, that immunity does not pass to commercial lenders unless the …
NYSBA CasePrepPlus Newsletter 10.11.24: Does New York’s Revenge Porn Statute Confer Personal Jurisdiction in New York Over Social Media Users?
Does New York’s Revenge Porn Statute authorize the courts to exercise personal jurisdiction over people who post intimate images online that are viewable in New York, or just over the websites that host those images? The First Department held recently that the Revenge Porn Statute only authorizes jurisdiction over the websites, and does not extend …
NYSBA CasePrepPlus Newsletter 10.4.24: What Must a Defendant Show Under the Trivial Defect Doctrine to be Entitled to Summary Judgment Dismissing a Personal Injury Claim as a Matter of Law?
What must a defendant show under the trivial defect doctrine to be entitled to summary judgment dismissing a personal injury claim as a matter of law? The Second Department held that although an objective measurement of a defect may be the best evidence of triviality, the Court held that it is not always required to …
NYSBA CasePrepPlus Newsletter 9.27.24: Family Courts Must Hear Applications to Have Children Returned to Their Parents’ Care Expeditiously
The First Department this week emphasized just how important it is for Family Courts to hear and determine expeditiously parents’ applications to have their children returned to their care in Family Court Act article 10 proceedings. Family Court Act § 1028 requires the court to hold a hearing within three days of the parents’ application, and …
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