Welcome to new iteration of NYSBA’s CasePrepPlus newsletter, an exclusive and valuable benefit of NYSBA membership! I’m honored to be the editor of this great service that tries to help you stay up to date with what’s happening in New York’s appellate courts.
My goal as the editor of CasePrepPlus is not only to help you learn about the significant decisions of the Court of Appeals and Appellate Division that could impact your practice, like I have used the service for many, many years, but also to make this endeavor interactive. Do you have a decision that could impact a wide area of law or a quirky procedural issue that could be a trap for the unwary (and we all know the CPLR has many)? Have you noticed an issue on which the Appellate Division departments have split or a novel case that could be headed to the Court of Appeals? Do you have an idea for how we can make this weekly newsletter serve you better? Shoot me an email (rrosborough@woh.com) or find me on social media (@NYSAppeals, pretty much everywhere).
Each week on Fridays, NYSBA emails out the CasePrepPlus newsletter to all of its members, and I will also be posting them here.
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NYSBA CasePrepPlus Newsletter 5.30.25: CLCPA Does Not Preempt Local Legislation Aimed at Reducing Greenhouse Gas Emissions
The Court of Appeals recently held that the Climate Leadership and Community Protection Act does not preempt local legislation aimed at reducing greenhouse gas emissions and transitioning to clean energy in order to combat climate change. Rather, the Court held, the Climate Act’s aspirational language provides room for localities, here New York City, to adopt…
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NYSBA CasePrepPlus Newsletter 5.23.25: Can an Appellate Reversal of a Judgment of Foreclosure Restore Title to the Foreclosed Property If It Is Sold While the Appeal is Pending?
The Second Department recently held that in a foreclosure action, if a property owner does not obtain a stay of the judgment of foreclosure pending appeal, and the property is sold to a third party for value while the appeal is pending, the property owner cannot get their property back even if the Appellate Division…
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NYSBA CasePrepPlus Newsletter 5.16.24: Can an Election Nominee Who Declined a Nomination Fill Their Own Vacancy on the Ballot?
A panel of the Second Department recently, in dicta, took a different view of the Election Law concerning whether a political nominee who declines a nomination can thereafter be designated to fill that same vacancy. Although the First Department in 1934 held that the same person who originally declined the nomination was barred from being…
New York Appeals 