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27 Sep 2023, 6:17 am by Eric Goldman
For more on these topics, see my pieces: The Constitutionality of Mandating Editorial Transparency Zauderer and Compelled Editorial Transparency Amicus Brief in NetChoice v. [read post]
30 May 2023, 3:00 am by Public Employment Law Press
The injunction prohibits defendants from continuing to collect co-payments and does not mandate specific conduct by them (State of New York v Town of Haverstraw, 219 AD2d 64, 65-66 [2d Dept 1996]; see generally Second on Second CafÉ, Inc. v Hing Sing Trading, Inc., 66 AD3d 255, 264 [1st Dept 2009]). [read post]
30 May 2023, 3:00 am by Public Employment Law Press
The injunction prohibits defendants from continuing to collect co-payments and does not mandate specific conduct by them (State of New York v Town of Haverstraw, 219 AD2d 64, 65-66 [2d Dept 1996]; see generally Second on Second CafÉ, Inc. v Hing Sing Trading, Inc., 66 AD3d 255, 264 [1st Dept 2009]). [read post]
28 Dec 2014, 1:34 pm by Brian Shiffrin
Thus, New York attorneys shoud continue to argue that pursuant to the New York Constitution, an officer's mistaken belief is not justification for a bad search.. [read post]
11 Nov 2008, 4:45 pm
By Brian Wolfman Here's a surprising class action developement: In Flemming v. [read post]
15 Jul 2014, 11:23 am by Bill Easton
  Recognizing this burden, and the unfairness of foisting it on an unwilling defendant, the Court of Appeals has repeatedly reversed cases where an affirmative defense was imposed on an unwilling defendant (see e.g., People v Bradley, 88 NY2d 901, 902 [1996] [extreme emotional disturbance]; People v DeGina, 72 NY2d 768, 776-777 [1988] [entrapment]).New York Affirmative DefensesNew York Penal Law Article 40 groups the general affirmative defenses that apply to… [read post]
11 Mar 2008, 2:28 pm
To see the New York Supreme Court Appellate Division First Department decisions (including index) released on March 11, 2008, click on the links below: Index to Slip Opinions 03-11-08 zNY AppDiv1 Slip Opinions 03-11-08 In Re Leopold Saio-Pao v. [read post]
13 Nov 2008, 5:11 pm
To see the New York Supreme Court Appellate Division First Department decisions (including index) released on November 13, 2008, click on the links below: Appeals Index followed by Motions Index Decisions Announced November 13, 2008 Amin Marte v. [read post]
19 Jun 2008, 6:56 pm
To see the New York Supreme Court Appellate Division First Department decisions (including index) released on June 19, 2008, click on the links below: Download file Slip Opinions Released 06-19-08 Tyrone Guzman v. 4030 Bronx Blvd. [read post]
19 Feb 2018, 7:57 am
Although it is unclear precisely what standard the Appellate Division applied, it cited its prior decision in Tapp v New York State Urban Dev. [read post]