In a Rare Occurrence, the Court of Appeals Declines to Review a Certified Question from the Second Circuit

Chalk this up to something you don't see every day. The Court of Appeals yesterday declined to accept a certified question from the Second Circuit in Andy Pabel Ferreiras Veloz v. Merrick B. Garland. In this immigration appeal from a final order of removal, the Second Circuit asked the Court of Appeals to review whether …

How the Court of Appeals Takes Certified Questions from the Federal Courts and Other States’ Supreme Courts: The 2020 Certified Questions

In addition to leave grants from Appellate Division orders, the Court of Appeals also at times receives requests from the federal circuit courts and other state supreme courts to weigh in on issues of New York law pending in cases out of state. In particular, Court of Appeals rule 500.27(a) provides: Whenever it appears to …

Court of Appeals February Session: Arguments of Interest for February 8, 2018

The Court of Appeals' February session continues on Thursday, February 8, 2018 with three cases on the argument docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether in misappropriation of trade secrets cases, damages can be measured by the misappropriator's costs avoided, and whether …

Court of Appeals Answers Second Circuit Certified Questions in World Trade Center Cleanup Suit Against Battery Park City Authority

After the 9/11 terrorist attack, first responders and volunteers spent weeks/months/years cleaning up the City from the debris and dust left after the World Trade Center towers fell. A few of the buildings that were cleaned up were owned by the Battery Park  City Authority, a public benefit corporation created by the Legislature to spur …

Court of Appeals Holds Reinsurance Agreements Must Be Interpreted Like Any Other Contract

Reinsurance is insurance for insurers. Big money insurers often seek to defray their risk by paying a reinsurer to cover some of their liability for big payouts. For example, if an insurer issues a $10 million business policy, a reinsurance policy might cover half of that. So if a $10 million claim is paid by …

Expressions Hair Design Update: The Second Circuit Certifies Interpretation Question to the Court of Appeals

You've bought things with a credit card before, right? Me too. Have you ever thought that you might be charged a different price for what you're buying because you're not paying in cash? Me neither, and that seems to be what New York General Business Law § 518 tries to prevent.  It provides: No seller in any sales …

Court of Appeals Holds Standard for Punitive Damages Under NYCHRL is Willful or Wanton Negligence, Recklessness, or Conscious Disregard

The New York City Human Rights Law provides strong protections against discrimination in all of its forms.  To strengthen those protections, the NYCHRL makes punitive damages available to a prevailing plaintiff.  Its text, however, doesn't provide the standard that the courts should apply when determining whether the plaintiff should be awarded punitives.  That's a problem. …

Court of Appeals November Session: Arguments of Interest for November 15, 2017

The Court of Appeals' November Session continues at Court of Appeals Hall on Wednesday, November 15, 2017 with four cases on the argument docket (the Court's case summaries can be found here). First up is a certified question from the Second Circuit Court of Appeals involving reinsurance agreements.  Particularly, the Court of Appeals will hear …

Court of Appeals Holds Plaintiffs Can’t Base Discrimination Claim Under the NYC Human Rights Law on Untreated Alcoholism

Under Title VII and the New York State Human Rights Law, individuals are protected from discrimination on the basis of a perceived disability, even if they don't have one. The New York City Human Rights Law is generally interpreted to be even more protective than Title VII and the State Human Rights Law. In fact, …

Court of Appeals October Session: Arguments of Interest for October 17, 2017

The Court of Appeals begins its second week of arguments for the October session on Tuesday, October 17th with three cases on its calendar (the Court's case summaries can be found here). First up is a criminal case asking whether a criminal defendant should have been entitled to a cross-racial identification jury charge at his …