A child is born to a married woman. Under New York law, the child is presumed to be a product of the woman's marriage. The presumption can be rebutted, of course, but in the beginning, the law assumes that the children of married spouses are legitimate. That makes sense. New York's policy is to keep …
Court of Appeals: Sorry, Judges. The State’s Contribution to Your Health Insurance is Not Part of Your Compensation
New York employees have pretty great health insurance options. Having left the State's employ and its health insurance to move to the private sector and non-collectively bargained health insurance, believe me, I know. Premiums are low. Coverage is high. And the State covers a substantial part of the cost. So too for New York's judges. …
Third Department Justices Disagree on Whether Student Accused of Sexual Assault Should Have Right to Cross-Examine Accuser
The Appellate Division, Third Department has decided a number of significant issues recently involving the State University of New York's disciplinary system in sexual assault cases. First, it was Matter of Haug v State Univ. of N.Y. at Potsdam, in which the Court annulled the expulsion of a student accused of sexual assault, finding that …
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: When a Court Dismisses an Uncertified Class Action, Notice to Class Members is Mandatory
Today, I'm happy to present a guest post by Jared Cook (@jkimballcook on Twitter), an attorney with the Rochester firm Adams Bell Adams, PC. Jared’s practice focuses on civil appeals, construction contract disputes, employment law, civil rights, and class actions. Contact him at jcook@abalawpc.com. A plaintiff files a complaint with class action allegations, but before …
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 …
Court of Appeals Declines to Up the Standards for SEQRA Review
The State Environmental Quality Review Act requires that agencies, municipalities, and local boards that have power to approve or fund projects study the potential adverse environmental impacts of a proposal before they approve it. This makes sense. If a project is going to have adverse environmental consequences for a community, the agency approving it should know that …
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Court of Appeals Holds Trial Judges Must Give Cross-Racial Identification Jury Instruction in Almost Every Case
Let's set the stage. You're walking down the street at night on your way back from work. You're approached by a stranger, about the same age but a different race. He asks you the time, and as you pull out your phone to respond, he snatches it, threatens you with a knife, and runs. The …
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 …
Family Court Lacks Jurisdiction to Continue Placement of Child in Foster Care After Dismissal of Underlying Neglect Petition
Under the Family Law, the State has certain authority to seek to protect children in danger by removing them temporarily from their parents' care. Placing a child in foster care is a heart-wrenching decision that under the law has to be based on what is in the best interests of the child. That decision, however, …
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