Search for: "Lack v State"
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15 May 2024, 10:43 am
The case emerged from complaints by Nebraskans that the state was improperly subjecting mental health patients to segregation from general society, in violation of Title II of the Americans with Disabilities Act of 1990 (ADA) and the 1999 US Supreme Court decision Olmstead v. [read post]
15 May 2024, 10:10 am
United States v. [read post]
15 May 2024, 10:00 am
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 10:00 am
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 7:41 am
In Sohm v. [read post]
15 May 2024, 6:29 am
The burden is therefore placed on the courts to triage these issues for the time being with the definitive outcome of Getty Images v Stability AI being eagerly awaited.Turning to training, a different perspective was offered from the current state of law within the European Union. [read post]
15 May 2024, 6:00 am
Cuomo v New York State Commn. on Ethics & Lobbying in Govt.2024 NY Slip Op 02568Decided on May 9, 2024Appellate Division, Third DepartmentPowers, 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 9, 2024CV-23-1778[*1]Andrew M. [read post]
15 May 2024, 6:00 am
Cuomo v New York State Commn. on Ethics & Lobbying in Govt.2024 NY Slip Op 02568Decided on May 9, 2024Appellate Division, Third DepartmentPowers, 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 9, 2024CV-23-1778[*1]Andrew M. [read post]
15 May 2024, 3:56 am
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
14 May 2024, 10:15 pm
This includes documents recently disclosed as a result of the settlement of Penebaker v. [read post]
14 May 2024, 7:03 pm
Defendant filed a motion to dismiss for lack of personal jurisdiction and failure to state a claim. [read post]
14 May 2024, 10:02 am
Copan Italia S.p.A. v. [read post]
14 May 2024, 7:55 am
Juliana v. [read post]
14 May 2024, 6:00 am
" The issue raised on appeal is whether Supreme Court properly struck respondent's unverified answer (see Matter of Atwood v Pridgen, 142 AD3d 1278, 1279 [4th Dept 2016], lv denied 28 NY3d 945 [2016]).Petitioners failed to reject respondent's answer and deem it a nullity based upon the lack of a verification (see CPLR 3022). [read post]
14 May 2024, 6:00 am
" The issue raised on appeal is whether Supreme Court properly struck respondent's unverified answer (see Matter of Atwood v Pridgen, 142 AD3d 1278, 1279 [4th Dept 2016], lv denied 28 NY3d 945 [2016]).Petitioners failed to reject respondent's answer and deem it a nullity based upon the lack of a verification (see CPLR 3022). [read post]
14 May 2024, 6:00 am
Stating that it had never directly addressed the question and citing Daimler7 and Magill v. [read post]
13 May 2024, 1:59 pm
In Holder v. [read post]
13 May 2024, 6:41 am
Are we really worried about percentage leases, or fee-sharing with law firm employees leading to lack of professional independence? [read post]
13 May 2024, 6:00 am
Therefore, in an article 78 proceeding, "as long as there was any credible evidence of lack of causation before the Board of Trustees, its determination must stand" (Matter of Giuliano v New York Fire Dept. [read post]
13 May 2024, 6:00 am
Therefore, in an article 78 proceeding, "as long as there was any credible evidence of lack of causation before the Board of Trustees, its determination must stand" (Matter of Giuliano v New York Fire Dept. [read post]