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12 Dec 2017, 4:08 am by Andrew Lavoott Bluestone
” “In Schmidt v One New York Plaza (153 AD3d 427, 428 [1st Dept 2017]), the First Department reaffirmed the standard of review for a summary judgment motion: On a motion for summary judgment, the moving party has the initial burden of establishing its entitlement to judgment as a matter of law with evidence sufficient to eliminate any material issue of fact (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1985]). [read post]
16 Sep 2017, 6:55 am by Stephen Bilkis
Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Phillips v Joseph Kantor & Co., 31 NY2d 307, 311 [1972]). [read post]
9 Sep 2017, 7:10 am by Jonathan H. Adler
However, if DACA was properly adopted as a policy statement without notice and comment, then the Supreme Court’s recent decision in Perez v. [read post]
30 Aug 2017, 11:24 am by Jane Bambauer
The 2012 Supreme Court opinion in United States v. [read post]
27 Jul 2017, 11:24 am by Richard Herz
Alvarez-Machain, the ATS is “only jurisdictional. [read post]