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 January Session: Arguments of Interest for January 3, 2018
The Court of Appeals' January Session continues on January 3, 2018 with three cases on the argument calendar (the Court's case summaries can be found here). The Court will address the following issues today: (1) whether the New York City Housing Authority arbitrarily denied a son succession rights to his deceased mother's apartment after he …
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Court of Appeals January Session: Arguments of Interest for January 2, 2018
Happy New Year! After about a six week layoff, the Court of Appeals' argument calendar resumes on Tuesday, January 2, 2018 for the first day of the January Session. The Court will hear arguments today in four cases on the following issues: (1) what is the appropriate standard to be applied for disclosure of private …
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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, …
Court of Appeals Holds One Attempt at Personal Service Enough to Permit Nail and Mail Under NYC Charter
Service of papers saying that you violated a local municipal law implicates important due process concerns. If a property owner doesn't get notice that something at his or her property violates local zoning regulations, he or she won't have an opportunity to contest the violation or try to work out a deal to fix it. …
Court of Appeals Holds Standard for Punitive Damages Under NYCHRL is Willful or Wanton Negligence, Recklessness, or Conscious Disregard
The New York City Human Rights Law provides strong protections against discrimination in all of its forms. Â To strengthen those protections, the NYCHRL makes punitive damages available to a prevailing plaintiff. Â Its text, however, doesn't provide the standard that the courts should apply when determining whether the plaintiff should be awarded punitives. Â That's a problem. …
New York Appeals 