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1 Apr 2024, 4:35 am by Franklin C. McRoberts
Under the former, in Glenn v Hoteltron Sys., Inc. (74 NY2d 386 [1989]), New York’s highest court held that a fee award to a successful derivate plaintiff is a liability of the entity on behalf of whom the plaintiff sued, not the defendant(s) the plaintiff actually sued. [read post]
27 Mar 2024, 6:00 am by Public Employment Law Press
Citing Matter of Marsala v New York State & Local Employees' Retirement Sys., 14 AD3d 984, the Appellate Division observed that it had "previously recognized in comparable scenarios, incidents in which injuries are sustained while participating in a training exercise as part of routine job duties and involving normal risks related thereto, including police officers injured while practicing running dismounts during bicycle patrol training, do not constitute… [read post]
27 Mar 2024, 6:00 am by Public Employment Law Press
Citing Matter of Marsala v New York State & Local Employees' Retirement Sys., 14 AD3d 984, the Appellate Division observed that it had "previously recognized in comparable scenarios, incidents in which injuries are sustained while participating in a training exercise as part of routine job duties and involving normal risks related thereto, including police officers injured while practicing running dismounts during bicycle patrol training, do not constitute… [read post]
28 Feb 2024, 10:00 pm
IT WAS UNDISPUTED THAT NOTICE WAS LEFT WITH AN EMPLOYEEAfter the Bronx County Civil Court denied a tenant’s application to dismiss a holdover proceeding, (based upon the allegedly improper service of a termination notice), the tenant appealed.Since it was uncontroverted that the tenant’s employee received a copy of the notice, the Appellate Term, First Department, concluded that substituted service, (as authorized by state law, RPAPL 735(1)), had been properly effected.Since the… [read post]
14 Feb 2024, 6:00 am by Public Employment Law Press
The Appellate Division's decision in this appeal of a ruling by a New York State Supreme Court is set out below:  Employees Retirement Sys. for the City of Providence v Rohner 2024 NY Slip Op 00674 Decided on February 08, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
14 Feb 2024, 6:00 am by Public Employment Law Press
The Appellate Division's decision in this appeal of a ruling by a New York State Supreme Court is set out below:  Employees Retirement Sys. for the City of Providence v Rohner 2024 NY Slip Op 00674 Decided on February 08, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
9 Feb 2024, 4:54 am by Andrew Lavoott Bluestone
Registration Sys., Inc. v McVicar, 203 AD3d 919, 920 [2d Dept 2022]; Platt v Berkowitz, 203 AD3d 447, 448 [1st Dept 2022]; Doscher v Mannatt, Phelps & Phillips, LLP, 148 AD3d 523, 523-524 [1st Dept 2017]; Neroni v Follender, 137 AD3d 1336, 1337 [3d Dept 2016]). [read post]
26 Jan 2024, 9:01 am by Just Security
”  South Africa had argued that the imposition of such a requirement would follow the model the Court had used in the provisional measures phase of Ukraine v. [read post]