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24 Mar 2023, 10:00 pm by Public Employment Law Press
In any event, respondent was entitled to submit the affidavit on its cross motion, and the court properly considered it in evaluating the merits of petitioner's claim (see Basis Yield Alpha Fund [Master] v Goldman Sachs Group, Inc., 115 AD3d 128, 134-135 [1st Dept 2014]; see also Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]). [read post]
24 Mar 2023, 10:00 pm by Public Employment Law Press
In any event, respondent was entitled to submit the affidavit on its cross motion, and the court properly considered it in evaluating the merits of petitioner's claim (see Basis Yield Alpha Fund [Master] v Goldman Sachs Group, Inc., 115 AD3d 128, 134-135 [1st Dept 2014]; see also Guggenheimer v Ginzburg, 43 NY2d 268, 275 [1977]). [read post]
24 Mar 2023, 9:02 am by Unknown
”Fife argues that both the district and appeals courts relied on a too-narrow reading of Free Enterprise Fund v. [read post]
23 Mar 2023, 4:33 am by Public Employment Law Press
Indeed, observed the Appellate Division, even where an arbitrator "makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice", citing Matter of New York State Correctional Officers and Police Benevolent Assn. v State of New York, 94 NY2d at 326; and Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d at 479-480). [read post]
23 Mar 2023, 4:33 am by Public Employment Law Press
Indeed, observed the Appellate Division, even where an arbitrator "makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice", citing Matter of New York State Correctional Officers and Police Benevolent Assn. v State of New York, 94 NY2d at 326; and Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d at 479-480). [read post]
22 Mar 2023, 2:00 pm by Howard Bashman
Supreme Court has posted online the transcript and audio of today’s oral argument in Jack Daniel’s Properties, Inc. v. [read post]
22 Mar 2023, 7:03 am by Dennis Crouch
Hetronic International, Inc. and will be holding arguments on March 22, 2023 in the whisky dog toy trademark case of Jack  Daniel’s Property v. [read post]
19 Mar 2023, 11:00 pm
Inc. ~ Civil Court Decision & Order125 E. 50th St. v Credo Intl. [read post]
19 Mar 2023, 11:00 pm
Inc. ~ Civil Court Decision & Order125 E. 50th St. v Credo Intl. [read post]