Daily fantasy sports may not be long for New York. Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and "any other form of gambling." Now, the Appellate Division, Third Department has added DFS to that list of banned games, affirming a trial court …
Court of Appeals Holds Commercial Contracts Can Waive Right to Seek Declaratory Judgment to Interpret the Terms of the Agreement and Yellowstone Relief
Contracts are often ambiguous. They are usually long, with many terms, and you never know how they will apply in circumstances that the parties never contemplated. That's why the power to go to court to ask for an interpretation of the agreement and how it applies to the unique facts that the parties face has …
New York Daily Fantasy Sports Suit: State’s Opening Brief Makes a Strong Pitch that the Legislature Rationally Determined that DFS is Not “Gambling” Under the NY Constitution
The game for the fate of daily fantasy sports in New York is on, and the State has scored first. Ok, ok. In appellate litigation, the losing party below always gets the ball first. And the State certainly lost below in this one. Judge Connolly of Supreme Court, Albany County held that daily fantasy sports …
No Office, No Problem: Court of Appeals Holds that Violation of Judiciary Law § 470’s “Physical Office” Requirement Does Not Render Action a Nullity, But Could Subject Attorney to Discipline
In a unanimous decision authored by Judge Michael Garcia, the Court of Appeals today resolved an important issue of first impression implicating multi-state practice in New York—“whether an action, such as filing a complaint, taken by a lawyer duly admitted to the bar of this State but without the required New York office is a …
NY DFS Suit Update: State Appeals Order Declaring Daily Fantasy Sports Unconstitutional, Plaintiffs Seek Reargument
After Judge Gerald Connolly of Supreme Court, Albany County (the trial level in New York) recently declared that New York's Interactive Fantasy Sports Law violated the New York Constitution's outright ban on gambling, the case was bound to head on appeal. To me, the only question was to which court. Would the State appeal to …
NY DFS Suit: NY Judge Holds Daily Fantasy Sports Law Violates NY’s Constitutional Ban on Gambling, and the State Could Appeal Directly to the Court of Appeals Right Now
Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and now, according to a New York trial judge, daily fantasy sports as well. As you may recall, in 2015, the New York Attorney General made it a point to enforce the constitutional ban on gambling …
Court of Appeals Holds Hearsay Statements from Sexual Assault Victim May be Considered to Support College Disciplinary Decision
When a sexual assault occurs on a SUNY campus, the victim shouldn't have to suffer through the assault twice. The victim has the right to decide not to participate in any disciplinary hearings held by the SUNY disciplinary board, and to instead submit a written or other hearsay statement telling his or her side of …
For the First Time, Court of Appeals Issues a Separate Opinion While Denying Leave to Appeal
When the Court of Appeals grants or denies a motion for leave to appeal, it generally does so in a one sentence order that says "motion for leave to appeal denied" or "motion for leave to appeal granted." At most, the Court will issue paragraph explanations sometimes when it has to dismiss a motion for leave …
Court of Appeals Gets “Cleaned Up,” and Also Decides an Identity Theft Case
When a thief, or these days a hacker, steals your credit card and uses it, most people call that identity theft. The New York criminal statutes, however, haven't been so clear about whether the use another's personal identifying information, such as their name, bank account, or credit card number, is enough to show that the …
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Sharply Divided Court of Appeals Rejects Per Se Rule that a Gap in Treatment Longer than 2 1/2-Year Statute of Limitations Should Bar Application of Continuous Treatment Doctrine
Imagine you hurt your shoulder and it's just not getting better. You go to the doctor after trying rehab and he says it's time for surgery. You schedule the date, head in to the hospital, and the doctor fixes your shoulder, or at least he says he did. He tells you to follow up with …
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