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6 Jul 2010, 4:10 am
” Accordingly, said the Appellate Division, “that part of the arbitration award is irrational because ‘there is no proof whatever to justify [it].'”* (see generally Matter of Buffalo Teachers Fedn., Inc. v Board of Educ. of City School Dist. of City of Buffalo, 50 AD3d 1503, lv denied 11 NY3d 708).The Council decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_05898.htm [read post]
23 Aug 2012, 3:30 am
Although not identified as an issue in the Richfield Springs case, as the Appellate Division, Second Department noted in Matter of Port Washington Union Free School Dist. v Port Washington Teachers Assn. (268 AD2d 523 [2000], appeal dismissed 95 NY2d 790 [2000], lv denied 95 NY2d 761 [2000]), a statute, decisional law or public policy may preclude referring a Taylor Law contract dispute to arbitration. [read post]
3 Feb 2023, 9:30 pm
[by] name or other reasonable technological effort" (Matter of Pflaum v Grattan, 116 AD3d 1103, 1104 [3d Dept 2014]; see Matter of Reclaim the Records v New York State Dept. of Health, 185 AD3d 1268, 1269 [3d Dept 2020], lv denied 36 NY3d 910 [2021]). [read post]
3 Feb 2023, 9:30 pm
[by] name or other reasonable technological effort" (Matter of Pflaum v Grattan, 116 AD3d 1103, 1104 [3d Dept 2014]; see Matter of Reclaim the Records v New York State Dept. of Health, 185 AD3d 1268, 1269 [3d Dept 2020], lv denied 36 NY3d 910 [2021]). [read post]
7 May 2007, 8:15 am
The case is Debell v Wellbridge Club Mgt. [read post]
18 Dec 2023, 3:25 am
This speculation is insufficient to establish that defendant’s malpractice, if any, was a proximate cause of plaintiff’s losses (see Brooks v Lewin, 21 AD3d 731, 734-735 [1st Dept 2005], lv denied 6 NY3d 713 [2006]). [read post]
8 Jun 2012, 6:20 pm
Taylor for various acts of misconduct (People v Wildrick, 83 AD3d 1455, 1458, lv denied 17 NY3d 803; People v Morrice, 61 AD3d 1390, 1391-1392; People v Carter, 31 AD3d 1167, 1169), yet the record on this appeal establishes that his misconduct has continued. [read post]
3 May 2018, 10:40 am
Manigault v. [read post]
20 Jun 2022, 3:11 am
The “doctrine of judicial estoppel may bar a party from pursuing claims which were not listed in a previous bankruptcy proceeding” (Moran Enters., Inc. v Hurst, 160 AD3d 638, 640 [2d Dept 2018], lv denied 32 NY3d 908 [2018], rearg denied 32 NY3d 1195 [2019]; see Popadyn v Clark Constr. [read post]
26 May 2021, 2:21 am
Weinberg is an associate at MMPS, who practices in MMPS’s commercial real estate practice group (id., ¶ 3). [read post]
29 Nov 2021, 11:24 am
This is especially true in CPLR article 78 proceedings (Matter of Leone v Blum, 73 A.D.2d 252, 274, mot for lv to app granted 50 N.Y.2d 1042). [read post]
29 Sep 2019, 2:37 pm
” Misco, 484 U.S. at 43 (internal quotations and citations omitted).Party arbitrators and neutrality Matter of Patrolmen's Benevolent Association of the City of New York, Inc. v. [read post]
29 Nov 2021, 11:24 am
This is especially true in CPLR article 78 proceedings (Matter of Leone v Blum, 73 A.D.2d 252, 274, mot for lv to app granted 50 N.Y.2d 1042). [read post]
29 Nov 2019, 9:05 pm
Silliker Lecturer is selected by a committee including a representative from Merieux NutriSciences, the Program Committee Chairperson, and the IAFP President.2019 Recipient: Robert V. [read post]
26 Aug 2015, 9:06 am
To be blunt, I’ve never seen hashtags used as Plaintiffs’ expert describes, although Louis Vuitton recently sued a manufacturer who tags images of its knockoff bags with LV marks like #louisvuitton and #lv. [read post]
17 Jul 2020, 6:08 am
Sprei was Miller’s business associate (id., ¶ 8). [read post]
A federal court just made it hecka-hard to prove age discrimination at work. But, did it go too far?
16 Feb 2021, 3:30 am
Did the Bucs win Super Bowl LV because of Tom Brady? [read post]
14 Jul 2012, 3:00 am
Judicial Screening Committee, 18 AD3d 1100, 1101 [3d Dept 2005], lv denied 5 NY3d 711 [2005]). [read post]
27 Aug 2010, 12:01 am
Tropicana Las VegasLast year, I wrote about the Nevada lawsuit involving a dispute about use of the name Tropicana in connection with the famed Tropicana Resort & Casino in Las Vegas (link here). [read post]
30 Apr 2021, 3:18 am
Plaintiffs’ theories of proximate cause are interrupted by an intervening act and are impermissibly speculative (see Lisi v Lowenstein Sandler LLP, 170 AD3d 461, 462 [1st Dept 2019]; Excelsior Capitol LLC v K&L Gates LLP, 138 AD3d 492 [1st Dept 2016], lv denied 28 NY3d 906 [2016]). [read post]
