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10 Jan 2012, 12:42 pm by Steve Hall
  The responsibility of the state to provide exculpatory evidence to the defense was articulated in the 1963 Supreme Court ruling in Brady v. [read post]
19 Jul 2011, 7:44 pm
The New York State Appellate Division, First Department, determined that summary judgment was properly denied in a recent case involving a slip and fall accident, please contact the Brown v. [read post]
3 Feb 2012, 10:02 am by William A. Ruskin
  Voom is the first New York state appellate decision to apply the standard for spoliation of electronic evidence set forth in Southern District Judge Shira Scheindlin’s decision in Zubulake v. [read post]
27 Feb 2008, 12:33 am
In Gater Assets Ltd v Nak Naftogaz Ukrainiy [2008] EWHC 237 (Comm), the applicant company, Nak Naftogaz Ukrainiy (NNU), applied to set aside an order permitting Gater Assets Ltd (Gater) to enforce as a judgment a New York Convention arbitration award issued by the International Commercial Arbitration Court of Moscow. [read post]
11 Feb 2009, 7:50 pm
An attempt by Rapid Settlements Ltd to "circumvent" the New York Structured Settlement Protection Act by arguing that the Full Faith and Credit Clause in Article IV of the United States Constitution required the United States District Court for the Western District of New York: "to give preclusive effect to a Texas state court judgment confirming the arbitration award" was rejected by the Second Circuit. [read post]
5 Feb 2009, 4:15 am
Notice of claim must be timely to trigger a duty to defend and indemnify the party being suedGutierrez v State of New York, 2009 NY Slip Op 00506, Decided on January 27, 2009, Appellate Division, Second DepartmentTypically lawsuits in which the issue is whether or not timely notice of a claim has been made involve individuals attempting to sue the State or a political subdivision of the State.The Gutierrez case concerns such a requirement except that in this… [read post]
3 Mar 2010, 3:33 am
Notice of claim must be timely to trigger a duty to defend and indemnify the party being suedGutierrez v State of New York, 58 AD3d 805Typically lawsuits in which the issue is whether or not timely notice of a claim has been made involve individuals attempting to sue the State or a political subdivision of the State.The Gutierrez case concerns such a requirement except that in this instance the State is faulted for failing to give the “indemnifying… [read post]
1 Oct 2007, 4:59 am
Supreme Court today denied certiorari in Catholic Charities of the Diocese of Albany v. [read post]