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25 Jun 2024, 10:11 am
The New York Times recently reported that two judges attempted to get Cannon to hand off the case when it was randomly assigned to her. [read post]
25 Jun 2024, 5:00 am
INSTRUCTED EMPLOYEE TO OVER-DILUTE COVID-19 VAX DOSESAfter the New York County Supreme Court dismissed his “international infliction of emotional distress claim,” but left his Labor Law § 740 cause of action intact, an appeal ensued.On its review, the Appellate Division, First Department, noted the complaint sufficiently alleged that the “urgent care center,” where P.Z. was employed, wrongfully took retaliatory action against… [read post]
25 Jun 2024, 3:00 am
Thus far, they have been unsuccessful, but none have gone to the Supreme Court. [read post]
24 Jun 2024, 7:29 am
ShareThe Supreme Court on Monday added seven new cases to its merits docket for the 2024-25 term, including a challenge to Tennessee’s ban on gender-affirming care for minors. [read post]
24 Jun 2024, 5:00 am
FAILED TO COMPLY WITH CONDITIONS OF PLEA AGREEMENTAfter the New York County Supreme Court denied him youthful offender treatment, and he was convicted of “attempted assault in the first degree,” and sentenced to 3½ years, an appeal ensued.On its review, the Appellate Division, First Department, noted that the kid “repeatedly stabbed the victim in the leg during an attack,” and failed to comply with the conditions of his plea… [read post]
23 Jun 2024, 4:31 pm
Rahimi took a step back from the implications of the Supreme Court’s 2022 decision in New York State Rifle & Pistol Assn., Inc. v. [read post]
23 Jun 2024, 4:31 pm
Rahimi took a step back from the implications of the Supreme Court’s 2022 decision in New York State Rifle & Pistol Assn., Inc. v. [read post]
23 Jun 2024, 4:31 pm
Rahimi took a step back from the implications of the Supreme Court’s 2022 decision in New York State Rifle & Pistol Assn., Inc. v. [read post]
21 Jun 2024, 5:00 am
PLAINTIFF’S OWN TESTIMONY ESTABLISHED IT WAS SEEKING $1.888 MILLIONAfter its request for a mandatory preliminary injunction was denied by the New York County Supreme Court, plaintiff appealed.On its review, the Appellate Division, First Department, noted that an injunction may not issue where a party’s damages are “quantifiable” – that is, when the availability of monetary damages will provide sufficient relief to a party,… [read post]
21 Jun 2024, 3:00 am
New Documents Show Unreported Trips by Justice Clarence Thomas MSN – Justin Jouvenal and Tobi Raji (Washington Post) | Published: 6/13/2024 Supreme Court Justice Clarence Thomas took three previously unreported trips paid for by conservative billionaire Harlan Crow, according to new documents by the Senate Judiciary Committee. [read post]
20 Jun 2024, 11:00 pm
EXPERT’S PHOTOGRAPHS LACKED A “PROPER FOUNDATION”After its expert’s testimony was precluded by the New York County Supreme Court an appeal followed.On its review, the Appellate Division, First Department, noted that the photographs, upon which the expert relied, lacked a “proper foundation. [read post]
20 Jun 2024, 1:29 pm
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
20 Jun 2024, 12:18 pm
[Note to readers: This morning, the Supreme Court handed down a decision in Moore v. [read post]
20 Jun 2024, 5:00 am
AFTER TERMINATION, CAN’T HOLD TENANT’S RENT CHECKSAfter the New York County Supreme Court dismissed their ejectment action -- which had been commenced against a rent-stabilized tenant whose occupancy rights had purportedly been terminated (pursuant to a Golub notice) – an appeal ensued.On its review of the record, the Appellate Division, First Department, noted that while the tenancy was terminated on January 31, 2022, the complaint… [read post]
19 Jun 2024, 11:00 pm
ALL TRAVERSABLE COMPLAINT ALLEGATIONS WERE DEEMED ADMITTEDAfter the New York County Supreme Court denied her request for a default judgment in the context of a personal-injury case, LV appealed.And since she provided proof of service of her complaint, the facts underlying her claims, and given that the defendant failed to answer, or otherwise appear, the Appellate Division, First Department, thought the court below had committed reversible error… [read post]
18 Jun 2024, 11:00 pm
And when the New York County Supreme Court granted that request, and awarded legal fees, an appeal followed.The Appellate Division, First Department, noted that it was incumbent on the defendant to notify its adversary that it had accessed data that was clearly “confidential or privileged. [read post]
18 Jun 2024, 7:50 am
He grew up in Hawai‘i, attended Williams College and the University of San Francisco, and received his J.D. from New York University School of Law. He practiced in Boston and New York City before returning to Hawaiʻi and practicing civil litigation for 30 years. In this case, Crabtree denied the motion to dismiss in April 2023, setting the scene for trial. [read post]
18 Jun 2024, 6:00 am
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County), to review a determination of respondent denying petitioner's application for Retirement and Social Security Law article 15 service retirement benefits. [read post]
18 Jun 2024, 6:00 am
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County), to review a determination of respondent denying petitioner's application for Retirement and Social Security Law article 15 service retirement benefits. [read post]
17 Jun 2024, 11:00 am
Decided on June 12, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial DepartmentMARK C. [read post]
