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18 Sep 2021, 2:43 pm by Alaina Fotiu-Wojtowicz
  But even so, Judge Altman’s recent 37-page summary judgment order in the Torres v. [read post]
9 Aug 2023, 11:00 pm
# # #DECISIONChickery v Prestige Catering, Inc. [read post]
28 Jun 2017, 2:35 pm by Howard Knopf
The result is hardly surprising - though the nature and depth of the reasoning will no doubt be of great interest to copyright and administrative law types.This was a very rich decision in terms of jurisprudence, harkening back to Roncarelli v. [read post]
29 Sep 2023, 5:00 am
When the judge denied his request for relief, an appeal followed.On its review, the Appellate Division, Second Department, reiterated that the discretion of the Department of Motor Vehicles was quite “broad,” and that its determination could not be modified in the absence of some “violation of lawful procedure, … error of law, or was arbitrary and capricious or an abuse of discretion. [read post]
19 Aug 2021, 9:00 pm
COMMISSION DENIED IN ABSENCE OF AN AGREEMENTRecently, the Appellate Division, Second Department, issued a ruling that reiterated the importance of securing a contract (or some agreement) if you’re a real-estate broker looking to make a commission on a transaction.In Commercial Realty Services v. [read post]
22 Dec 2015, 10:06 am by Lisa Larrimore Ouellette
Short answer: yes.Burk does not have kind words for either the Federal Circuit or the Supreme Court, and he reiterates his prior criticism of developments like the gDNA/cDNA distinction in Myriad. [read post]
1 Jun 2023, 5:00 am
" [56 RCNY 1-05 [b][6]].Because it agreed with OATH that a pushcart fell within the “display stand” definition, the AD1didn’t think the agency’s findings were “arbitrary and capricious or affected by an error of law, but was instead rational and entitled to deference,” and thus opted to deny the challenge and confirmed the underlying determination.Sadly, there’s no pushing back on that ….# # #DECISIONMatter of M. v New York City Off. of… [read post]