When the New York City Council adopts consumer protection measures, they are often construed broadly to protect the consumer. As the First Department held, the NYC requirement that a contractor have a valid home improvement license to perform work in the City is no different. Nor could a landlord avoid liability for an infant’s lead …
NYSBA CasePrepPlus Newsletter 1.26.24: Can Manual Workers Recover Liquidated Damages for Delayed Pay?
Bucking the trend in New York that almost every interlocutory order is immediately appealable, one appellate court said not so fast in SORA proceedings. Only the final SORA order after the mandatory hearing can be reviewed on appeal. Another introduced a conflict with a sister Appellate Division department over whether manual workers can recover liquidated …
NYSBA CasePrepPlus Newsletter 1.19.24: Chief Judge Rowan Wilson Laments How the Criminal Justice System Can Turn “Minor Antisocial Behavior” Into Needless Criminal Convictions
The most interesting case coming out of New York’s appellate courts doesn’t involve a legal issue at all. Rather, it’s New York Court of Appeals Chief Judge Rowan Wilson’s concurrence in a criminal case about how the criminal justice system should be flexible to address the mental health needs of individuals, rather than reflexively sentencing …
NYSBA CasePrepPlus Newsletter 1.12.24: What is the Quickest Way for an Attorney to Get Suspended From the Practice of Law?
This week we have attorney discipline for the easiest way a lawyer can get himself or herself into trouble and the judicial ethics of recusal involving judicial campaigns, among many other interesting things. Let’s take a look what has been happening in New York’s appellate courts over the past week. Appellate Division, First Department Tamar …
NYSBA CasePrepPlus Newsletter 1.5.24: Is the Use of a Police Dog to Sniff a Person for Concealed Drugs a Search under the Fourth Amendment?
Happy New Year! Let’s take a look what has been happening in New York’s appellate courts over the past week. Court of Appeals People v Butler, 2023 NY Slip Op 06468 (Ct App Dec. 19, 2023) Criminal Law Issue: Does the use of a canine to detect the scent of illegal drugs concealed on a …
NYSBA CasePrepPlus NewsLetter 12.22.23: May a Witness be Properly Allowed to Identify a Criminal Defendant as the Perpetrator of a Crime for the First Time in Court?
It’s a criminal law heavy week here at NYSBA CasePrepPlus. The Court of Appeals addressed when a witness can make an eyewitness identification for the first time at trial and what happens when the prosecution discloses material information after already certifying that it had complied with its mandatory discovery obligations and was ready for trial. …
NYSBA CasePrepPlus Newsletter 12.15.23: Do the New York Redistricting Maps Drawn by the Special Master in Harkenrider Continue until the 2030 Census?
It was a big week in the appellate world, with the duration of the court-drawn New York redistricting maps taking center stage. Let’s take a look what has been happening in New York’s appellate courts over the past week. Court of Appeals Matter of Hoffmann v New York State Ind. Redistricting Commn., 2023 NY Slip Op …
NYSBA CasePrepPlus Newsletter 12.8.23: Must a Criminal Defendant Preserve a Second Amendment Challenge to a Firearm Conviction that Occurred Before the US Supreme Court Declared New York’s Gun Laws Unconstitutional?
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 …
New York Appeals 