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31 May 2024, 10:51 am by James E. Novak, P.L.L.C.
We are dedicated to helping defendants further understand their rights under the law, and we are committed to building a strong defense for our clients when they need it the most. [read post]
27 May 2024, 11:00 pm
’s part, and when she later tried to get those defenses dismissed, the Kings County Supreme Court ended up denying that request.On appeal, the Appellate Division, Second Department, agreed that the defenses could not be disposed of unless E.M. could show that she didn’t contribute to the outcome, or wasn’t culpable, in any way. [read post]
27 May 2024, 4:00 am by Michael C. Dorf
In an opinion issued in September 2024, the Appellate Division unanimously rejects Trump’s appeal. [read post]
22 May 2024, 3:00 am by Shea Denning
This rule applies as a matter of constitutional interpretation by North Carolina’s appellate courts; the United States Supreme Court has not weighed in on whether the Fifth Amendment bars the substantive use of a defendant’s invocation of his right to remain silent before the defendant is arrested. [read post]
19 May 2024, 4:01 am by Administrator
The appellants get their costs throughout. [read post]
10 May 2024, 10:47 am by James E. Novak, P.L.L.C.
Eighth Amendment The appellate court disagreed, given the offensive nature of the defendant’s behavior. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
7 May 2024, 11:00 pm
ATTORNEY’S SUBMISSION WAS “CONCLUSORY” IN NATUREWhen his motion to vacate a default judgment was denied by the New York County Supreme Court, F.E. appealed.On its review on the record, the Appellate Division, First Department, noted that F.E.'s application was only supported by his counsel’s affidavit -- which was characterized as “conclusory” in nature, and not predicated on any “personal knowledge. [read post]
7 May 2024, 5:26 am by Friedman, Rodman & Frank, P.A.
Bastien then received a notice of denial of benefits from the Florida Department of Financial Services Division of Workers’ Compensation. [read post]
22 Apr 2024, 4:21 am by Franklin C. McRoberts
The Appellate Decision The appeals court framed the issue as “whether an accountant hired to perform ‘compilation services’ is shielded from liability for the alleged improper activities of an officer of the company. [read post]
21 Apr 2024, 2:35 pm
But we disagree with the district court that MSC waived its personal jurisdiction defense through its insurer’s issuance of a letter of understanding that was expressly conditioned on MSC’s reserving all litigation defenses. [read post]
18 Apr 2024, 2:44 pm by Josh Blackman
Each conception of the status quo is defensible, but there is no sound or principled reason to pick one over another as a rule to apply in all cases involving new laws. [read post]
15 Apr 2024, 4:37 am by Peter J. Sluka
  Ultimately, the Appellate Division, Fourth Department held that Neil’s side deals were “null and void” (Kavanaugh v Kavanaugh, 200 AD3d 1568 [4th Dept 2021]). [read post]
9 Apr 2024, 7:03 am by Robin E. Kobayashi
Dec. 14, 2023) [see § 51.06[2] n. 30], another COVID-19 decision, in which a hospital nurse tested positive for COVID-19 and was diagnosed with COVID-19 pneumonia, the appellate division noted the Board found that the nurse’s husband provided credible testimony regarding the prevalence of COVID-19 in the nurse’s work environment, and that the workers’ compensation carrier failed to rebut the N.Y. [read post]