The Even Year Election Law, which provides that elections for most county, town, and village officials will be held on even-numbered years, and will no longer be held on odd-numbered years, does not violate the New York Constitution’s home rule provisions. In fact, the Fourth Department held, nothing in Article IX, § 2 of the New …
NYSBA CasePrepPlus Newsletter 5.2.25: Can Seeking to Enforce the Terms of a Trust in Court Lead to a Disinheritance Under an In Terrorem Clause?
For those of us who don’t regularly practice in Trusts and Estates, the latin words in terrorem produce fear and anxiety. As Trusts and Estates practitioners know, however, in terrorem clauses in wills and trusts can often be used to protect a decedent’s or grantor’s intent that no one challenge their plan for their assets. …
NYSBA CasePrepPlus Newsletter 4.25.25: Court of Appeals Clarifies Limits on Assumption of the Risk Doctrine
The Court of Appeals recently used two personal injury cases to clarify two important limitations on the primary assumption of the risk doctrine. First, the Court held that the doctrine does not apply when a plaintiff can show that the risks of sports have been unreasonably enhanced by the particular activity or by a course …
NYSBA CasePrepPlus Newsletter 4.18.25: Does the Office of Children and Family Services Have Authority to Create a Voluntary Program for Supplemental Parental Care?
Does the Office of Children and Family Services have the authority to create a voluntary program under which parents in need of assistance with their children can designate other adults to stand in their shoes, while still maintaining the right to terminate that designation at any time? A majority of the Third Department held recently …
NYSBA CasePrepPlus Newsletter 4.11.25: When Does a University Owe a Duty to Protect a Student From Harm By Another Student?
The Third Department recently confronted a case where a state university knew, through its provision of mental health services, that a student intended to harm another student and had in place a threat assessment policy that required its counselors to refer those matters to the administration for further investigation. In that circumstance, the Court held, …
NYSBA CasePrepPlus Newsletter 4.4.25: May a Cotenant Adversely Possess Property That They Don’t Know is Jointly Owned?
When you own property in which someone else also holds a cotenancy interest in, but you don’t know that they have an interest, can you take title to the property exclusively by adverse possession? The Court of Appeals recently addressed that strange question, holding that being unaware of the cotenancy does not prevent you from …
NYSBA CasePrepPlus Newsletter 3.28.25: When Can Unionized Public Employees Sue Their Employers in Court for Breach of a Collective BArgaining Agreement?
When may unionized public employees sue their employers for breach of rights granted exclusively in a collective bargaining agreement? The Court of Appeals addressed that issue recently, reaffirming that to bring such a claim in court, the employee has to bring a plenary action against not only the employer for breach of contract, but also …
NYSBA CasePrepPlus Newsletter 3.21.25: Can Municipalities Be Held Liable for Treble Damages for the Unauthorized Destruction of Trees?
Are treble damages punitive in nature? The Court of Appeals recently held that they are under RPAPL 861, which authorizes the imposition of treble damages for the illegal destruction of trees. And so, if it is a municipality that destroys the trees on your property, you’re stuck with recovering only the trees’ stumpage value because …
NYSBA CasePrepPlus Newsletter 3.14.25: Trial Court Declares Unconstitutional DTF’s Methodology for Determining the Assessed Value of Solar and Wind Farms
A New York trial court has declared unconstitutional the New York State Department of Taxation and Finance’s chosen methodology for determining under Real Property Tax Law § 575-b the assessed value of solar and wind installations throughout New York, because the Legislature failed to provide adequate guideposts to cabin DTF’s discretion in using the Legislature’s delegated …
NYSBA CasePrepPlus Newsletter 2.28.25: Does a Plaintiff Need to Plead a Special Duty to Hold a Municipality Liable for Harm Caused to Children Placed in Foster Care?
Resolving a conflict between the Appellate Division departments, the Court of Appeals last week held that municipalities have a common law duty to protect children that they place in foster care, without needing to plead a traditional special duty. The Court cautioned, however, that merely having a duty does not mean that the duty will …
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