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12 Mar 2010, 3:35 am
Settlement of a lawsuit “with prejudice” bars a second action based on similar allegations involving the same partiesBenjamin v New York City Dept. of Health, 57 AD3d 403The Appellate Division dismissed the petition filed by Sislyn Benjamin alleging unlawful discrimination because a prior state court action containing the same claims set out in her petition was discontinued with prejudice by stipulation of the parties and thus constitutes res judicata insofar as a… [read post]
6 Jan 2011, 2:15 am
Equal pay for equal workBertoldi v State of New York, 275 AD2d 227; Motion to appeal denied, 96 NY2d 706; Motion to appeal on constitutional grounds denied, 95 NY2d 958Section 115 of the Civil Service Law provides that State employees are entitled to equal pay for equal work, and regular increases in pay in proper proportion to increase of ability, increase of output and increase of equality of work demonstrated in service.While Section 115 applies only to employees of the State of… [read post]
9 Apr 2012, 7:07 am by Second Circuit Civil Rights Blog
A glorious day for Disability Advocates.The case is Disability Advocates, Inc. v. [read post]
4 Jan 2015, 7:48 am by Jeremy Saland
It is worth (and actually critical) to note that the Second Department’s decision in Matter of Luis C declined to follow the holding of the First Department in People v. [read post]
14 Jun 2007, 9:34 pm
   For background on this dispute, check out my earlier posts: "Danone v. [read post]
30 Nov 2018, 7:40 am by Elanor A. Mulhern
Comptroller and the Office of the Comptroller of the Currency (together “the OCC”), in the pending Southern District of New York lawsuit, Vullo v. [read post]
5 Apr 2015, 3:52 pm by Stephen Bilkis
Moreover, the well established rule in New York is that constitutional provisions are presumptively self-executing (see Brown v State of New York, 89 NY2d 172, 186 [1996]). [read post]
20 Sep 2024, 6:00 am by Public Employment Law Press
 The court also found that the information was exempt from disclosure under the cybersecurity exemption, noting that the Court of Appeals has explained that although FOIL is "'liberally construed and its exemptions narrowly interpreted'" to achieve its legislative purpose of maximizing public access to government records, "Courts must give an exemption its "natural and obvious meaning where such interpretation is consistent with the legislative intent and with the… [read post]
20 Sep 2024, 6:00 am by Public Employment Law Press
 The court also found that the information was exempt from disclosure under the cybersecurity exemption, noting that the Court of Appeals has explained that although FOIL is "'liberally construed and its exemptions narrowly interpreted'" to achieve its legislative purpose of maximizing public access to government records, "Courts must give an exemption its "natural and obvious meaning where such interpretation is consistent with the legislative intent and with the… [read post]
22 Apr 2010, 3:46 am by Andrew Lavoott Bluestone
Boros, 2010 NY Slip Op 30797, by Justice Emily Jane Goodman, in Supreme Court, New York County. [read post]
9 May 2011, 3:32 am
Termination of police officer for falsifying official reports affirmed Sweeney v Safir, App. [read post]
9 Oct 2014, 8:24 am by Editorial Board
District Court for the Southern District of New York partially certified a class of MBS investors under Rule 23(b) in Fort Worth Employees’ Retirement Fund v. [read post]