The Court of Appeals was busy the week right before Thanksgiving, so we’ll focus this week on those decisions. The Court addressed notice of assignments of insurance policies, who can be held liable for failing to withhold and pay a business’s taxes, whether collective bargaining is required before a municipality can give a police accountability …
NYSBA CasePrepPlus Newsletter 12.1.23: Should the Marriage Equality Act be Applied Retroactively to Recognize Same-Sex Marriages Performed Before it was Adopted?
Welcome back! After our week-long Thanksgiving break, we have a lot to cover, because while the New York courts may close for Thanksgiving, litigation never rests. This week, we have procedural traps for the unwary, whether unsubstantiated complaints of police misconduct must be disclosed under FOIL, statute of limitations issues, and whether the Marriage Equality …
NYSBA CasePrepPlus Newsletter 11.17.23: Can Plywood on a Bathtub Qualify as a Scaffold under Labor Law § 240?
Let’s take a look what has been happening in New York’s appellate courts over the past week. Appellate Division, First Department Keilitz v Light Tower Fiber N.Y., Inc., 2023 NY Slip Op 05661 (1st Dept Nov. 09, 2023) Construction Law, Labor Law § 240 Issue: Is pulling fiber optic cables underground through existing conduit “altering” work …
NYSBA CasePrepPlus Newsletter 11.10.23: Can a Municipality’s Website Satisfy its FOIL Obligations?
It’s Freedom of Information Law week here at the CasePrepPlus newsletter. This week, we have two cases, one from the First Department and one from the Second Department, that address the scope of what public records must and can’t be disclosed, whether a municipality’s public website on which records are posted is enough to satisfy …
NYSBA CasePrepPlus Newsletter 11.3.23
The Court of Appeals finished up its September session opinions this week with some interesting ones on the relation back doctrine, legislative delegation, and the constitutionality of the NYPD’s inventory search protocol under the Fourth Amendment. Let’s take a look at those, and what else has been happening in New York’s appellate courts over the …
NYSBA CasePrepPlus Newsletter 10.27.23
The Court of Appeals is back for its first opinions of the 2023-24 term, all from the September argument session. Let’s take a look at some of those, and what else has been happening in New York’s appellate courts over the past week. Court of Appeals Nitkewicz v Lincoln Life & Annuity Co. of N.Y., …
NYSBA CasePrepPlus Newsletter 10.20.23
Here’s what has been happening in New York’s appellate courts over the past week. Appellate Division, First Department Matter of NYP Holdings, Inc. v New York City Police Dept., 2023 NY Slip Op 05193 (1st Dept Oct. 12, 2023) FOIL, Article 78, Attorneys’ Fees Issue: Do the Legislature’s 2020 amendments to Civil Rights Law § 50-a …
NYSBA CasePrepPlus Newsletter 10.13.23
Here’s what has been happening in New York’s appellate courts over the past week. Appellate Division, First Department Matter of Hogue v Board of Educ. of the City Sch. Dist. of the City of N.Y., 2023 NY Slip Op 04927 (1st Dept Oct. 03, 2023) Constitutional Law, CPLR Article 78 Issue: Was it arbitrary for …
NYSBA CasePrepPlus Newsletter 10.6.23
Here’s what has been happening in New York’s appellate courts over the past week. Appellate Division, First Department Kanayama v Kesy, LLC, 2023 NY Slip Op 04720 (1st Dept Sept. 26, 2023) Torts Issue: May a failure to act establish the necessary intent to maintain claims for nuisance and trespass? Facts: The owners of a …
NYSBA CasePrepPlus Newsletter 9.29.23
Here’s what has been happening in New York’s appellate courts over the past week. Appellate Division, First Department Southern Advanced Materials, LLC v Abrams, 2023 NY Slip Op 04704 (1st Dept Sept. 21, 2023) Corporate Law, Contracts Issue: May the acquisition of a limited liability company, which was structured as a sale of 100 percent …
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