Court of Appeals Decision Puts Redevelopment of Shea Stadium Site on Hold

In Matter of Avella v City of New York (No. 54), previewed here, the Court of Appeals was asked to decide whether the plans to redevelop the blighted former Shea Stadium site as a retail mall and a movie theatre, known as Willets West, exceeds what the Legislature allowed when it approved the alienation of …

Court of Appeals Upholds DMV Regulations Barring Recidivist DWI Offenders from Getting Licenses Back

When the first few lines of an opinion begin like this, you pretty much know how it will end. In Matter of Acevedo v New York State Department of Motor Vehicles (Nos. 40, 41, and 42), the Court of Appeals rejected three challenges brought by recidivist drunk drivers to new regulations adopted by the DMV that foreclosed …

Court of Appeals Holds Attorney’s Fees are Available to Prevailing Plaintiff Against the State in a Pre-2015 Action Under the Human Rights Law

In Kimmel v State of New York (No. 36), previewed here and here, the Court of Appeals was asked whether an award of attorney's fees is available to a prevailing plaintiff against the State under the Equal Access to Justice Act (CPLR article 86) in an action alleging sex discrimination by a state agency in …

Court of Appeals Holds Police Can Run License Plate Without Reasonable Suspicion Because It is Not a Search

In People v Bushey (No. 50), the Court of Appeals was asked to decide if it was an unreasonable search for the police to run a license plate of a driver who was obeying the rules of the road through a Department of Motor Vehicles database to check for any outstanding violations.  In Bushey, the …

Court of Appeals Holds Fraudulent Inducement Claims Cannot Be Based on Lost Business Opportunities

In Connaughton v Chipotle Mexican Grill, Inc. (No. 46), a celebrity chef sued Chipotle for fraudulent inducement after he entered an agreement to develop a ramen noodle chain for Chipotle. The deal, however, fell through when the plaintiff was told that Chipotle had previously entered a similar deal with a different celebrity chef, and that …

Court of Appeals Says Recertified Judges May be Barred from Receiving Pension While Still on the Bench

Under the New York Constitution, judges cannot continue to sit on the bench beyond the end of the year that they turn 70 years old unless they are recertified for an additional 2 year term.  Recertification can happen three times, with judges forced to step off the bench entirely at 76.  The determination whether to …

Court of Appeals Rejects Bright Line Rule That Only Direct Employers May Be Liable For Discrimination Under The Human Rights Law

In Griffin v Sirva, Inc. (No. 35) previewed here, two movers employed by Astro Moving and Storage Co. sued the parent company of Allied Van Lines, Sirva, Inc., for employment discrimination under the New York State Human Rights Law after they were fired by Astro pursuant to a Sirva policy forbidding the employment of persons …

Court of Appeals Holds That the Denial of a Motion to Quash Stored Communications Act Warrants to Facebook is Not Appealable

This is a case that warms the heart of appellate geeks like me, those who get unduly excited over complicated issues of appellate jurisdiction.  In Matter of 381 Search Warrants Directed to Facebook, Inc. (New York County District Attorney’s Office) (No. 16), previewed here, the Court of Appeals held that two orders denying Facebook’s motion …

Court of Appeals Sidesteps Issue Whether School Districts Can Pursue Article 78 Review of IDEA Violation Determinations

In Matter of East Ramapo Cent. Sch. Dist. v King (No. 21), previewed here, the Court of Appeals sidestepped the issue of whether school districts have the right to judicial review under CPLR Article 78 of New York State Department of Education determinations enforcing the federal Individuals with Disabilities Education Act (IDEA).  In East Ramapo …

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 …

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