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27 Oct 2021, 5:59 am
In the second case, United Food & Commercial Workers Union & Participating Food Industry Employers Tri-State Pension Fund v. [read post]
9 Feb 2010, 3:05 am
The legislative intent of §36, said the court, was “to enable a town or village to rid itself of an unfaithful or dishonest public official," citing Matter of Miller v Filion, 304 AD2d 1016.In the words of the court, “It is firmly established that removal from office pursuant to Public Officers Law § 36 is unwarranted in the absence of allegations of "self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or… [read post]
31 Mar 2009, 9:05 am by Thomas Swartz
Last year the Court of Appeals in Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15 [2008], stated that in order for the congregant to demonstrate the existence of a fiduciary duty:a congregant must set forth facts and circumstances in the complaint demonstrating that the congregant became uniquely vulnerable and incapable of self-protection regarding the matter at issue (Marmelstein, 11 NY3d at 22). [read post]
31 Mar 2009, 9:05 am by Thomas Swartz
Last year the Court of Appeals in Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 NY3d 15 [2008], stated that in order for the congregant to demonstrate the existence of a fiduciary duty:a congregant must set forth facts and circumstances in the complaint demonstrating that the congregant became uniquely vulnerable and incapable of self-protection regarding the matter at issue (Marmelstein, 11 NY3d at 22). [read post]
22 Nov 2022, 3:17 pm by Eugene Volokh
But the state may not unilaterally exercise that right and, thereby, interfere with the Second Amendment rights of law-abiding citizens who seek to carry for self-defense outside of their own homes. [read post]
14 Jul 2024, 7:04 pm by Francis Pileggi
  This is sometimes stated that directors have no duty to engage in self-flagellation. [read post]
20 Apr 2020, 3:26 am by CMS
Alaina Wadsworth, Chris Horsefield and Ben Brown, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court earlier this month, in the matter of Barclays Bank Plc v Various Claimants [2020] UKSC 13: Earlier this month, the Supreme Court handed down its decision in the matter of Barclays Bank plc v Various Claimants [2020] UKSC 13. [read post]
5 Mar 2012, 2:51 am by Andrew Lavoott Bluestone
A client's "self-serving, bald allegations of oral protests [a]re insufficient to raise a triable issue of fact as to the existence of an account stated" (Darby & Darby v VSI Intl., 95 NY2d 308, 315 [2000]) The part of defendants' malpractice counterclaim that dealt with the action against Edward Roski III was properly dismissed. [read post]
26 Aug 2014, 7:40 am by Matthew L.M. Fletcher
Human Rights to Culture, Family, and Self-Determination: The Case of Adoptive Couple v. [read post]
26 Aug 2014, 7:40 am by Matthew L.M. Fletcher
Human Rights to Culture, Family, and Self-Determination: The Case of Adoptive Couple v. [read post]