Over the last number of years, the State has made clear that it won't tolerating talking on the phone or texting while driving because of the serious dangers of distracted driving. The particular language of the Vehicle and Traffic Law prohibits the use of a “portable electronic device,” which is defined as a “hand-held device …
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This is one of those questions that only the truest of procedural nerds can love. Say you commenced a case. You think it's a really good case. But you decide that you want to move on and pursue other matters, even though it is a good case. The CPLR says you can discontinue your case …
On Thursday, Governor Andrew Cuomo announced his nomination to fill the Court of Appeals seat left vacant by the tragic death of Associate Judge Shelia Abdus-Salaam. His pick: First Department Judge Paul G. Feinman, who not only brings more than 20 years of experience on the trial and appellate bench to the Court—a welcome addition—but …
Manufacturing plastic security seals is apparently big business. You know, those seals that are nearly impossible to get off a bottle without a knife but give you a measure of comfort that nobody tampered with your goods before you opened them. Well, when your company makes those plastic security seals, and three employees steal your …
In Wilson v Dantas (No. 62), previewed here, the Court of Appeals affirmed an order of the Appellate Division, First Department, holding that it had long-arm jurisdiction over the defendants in a breach of contract and fiduciary duty action, because the appellant expressly abandoned his challenge to the personal jurisdiction ruling on appeal. Interestingly, however, …
In this long and tortured litigation over New York City's adult use zoning regulations on First Amendment grounds, which I previewed here, the Court of Appeals was asked to decide whether New York City met its burden to show that the reconfiguration of adult businesses to attempt to avoid regulation under the adult use zoning …
UPDATE - In her 2018 State of Our Judiciary speech, Chief Judge Janet DiFiore announced that e-filing will begin in the Appellate Division on March 1, 2018, and new rules have been issued to govern the process. My post going over the new rules and e-filing procedures can be found here. ____________________________________________________________________________________________ As Bob Loeb …
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In insurance contracts for major development or municipal projects, there are generally a number of parties that have insurance coverage under a single insurance policy. For example, in The Burlington Insurance Company v NYC Transit Authority (No. 57), previewed here, a general contractor, Breaking Solutions, Inc. (BSI), was awarded a contract to complete some excavation work …
In Matter of Avella v City of New York (No. 54), previewed here, the Court of Appeals was asked to decide whether the plans to redevelop the blighted former Shea Stadium site as a retail mall and a movie theatre, known as Willets West, exceeds what the Legislature allowed when it approved the alienation of …
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You walk into Whole Foods and see organic this, grass fed that, and cage free, free range the other. What don't you see? A large sign that says: "Buy some prepackaged tabouli. We have overweighted it and will charge you more than you're actually going to get. You're welcome." That's what the plaintiff in John …
New York Appeals 