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23 May 2009, 4:06 am
" William Donnino, the author of the practice commentaries for McKinney's, states that the purpose of the Entrapment defense "is to discourage the use of overzealous methods by law enforcement officials to trap the unwary innocent into commission of an offense. [read post]
11 Dec 2009, 7:35 am
Co. of N.Y. (2nd Dept., decided 12/8/2009) It's tough winning summary judgment on a fraud/material misrepresentation defense during a first-party action. [read post]
9 Oct 2014, 6:38 pm
For example, when notice of opportunity to testify before the grand jury is provided to defense counsel, failure to timely make defendant aware of such notice or otherwise protect defendant’s right to testify (by failing to provide the People with written notice of the defendant’s desire to testify, for example) is ineffective (see, People v Jiminez, supra; People v Prest, 105 AD2d 1078 [4th Dept 1984]; see also, People v Crown, 216 AD2d 484 [2nd Dept… [read post]
4 Oct 2008, 12:50 pm
Gastiaburo, 23 A.D.2d 891 (2d Dept. 1965). [read post]
15 Dec 2008, 4:00 pm
A physical therapist who uses heating pads the wrong way has committed medical malpractice. [read post]
18 Aug 2010, 11:50 am
As we have seen in earlier coverage, automakers will get sued over some kinds of accident if they decide to use laminated glass, and sued over others if they decide to use nonlaminated glass. [read post]
11 Sep 2013, 8:23 pm
In an interesting aside, defense counsel is not held to this same lofty standard. [read post]
9 May 2016, 3:14 am
Appellate case law in New York generally prohibits use of company funds to pay for legal defense costs in judicial dissolution proceedings. [read post]
15 Jul 2007, 10:00 pm
Gotcha Plus, in same story, we learn that SecDef Gates used to post anonymously on a sports blog, Before Robert Gates took office as the nation’s secretary of defense in 2006, he was the president at Texas A&M. [read post]
24 Mar 2010, 7:53 am
Co. (1st Dept., decided 3/23/2010) Two years after answering plaintiffs' complaint, defendant Otsego Mutual Fire Insurance Company moved for leave to amend its answer to assert a fraud affirmative defense and for summary judgment based on that defense. [read post]
17 Apr 2020, 2:50 pm
Dept of the Interior Secretarial Order 3376 addresses regulatory uncertainty on how agencies within the Department of the Interior manage recreational opportunities for electric bikes (E-bikes) on trails and paths where traditional bikes are allowed. [read post]
31 Jan 2008, 8:12 am
LEXIS 523 (1st Dept. [read post]
30 Mar 2020, 4:03 pm
§ 876.1500, § 880.6992, and § 892.1570. and other sanitizing and disinfecting products suitable for use in a clinical setting. [read post]
27 Apr 2008, 4:22 pm
Jandreau, 2008 NY Slip Op 3552, 2 (3rd Dept. decided 4/24/2008), the 3rd Department affirmed the lower court's denial of summary judgment to the plaintiff insurer based on its late notice defense. [read post]
6 Oct 2021, 5:56 am
Call us at [[phone]] for a confidential case assessment today. [read post]
19 Sep 2022, 4:25 am
., 170 AD2d 388, 389 [1st Dept 1991]). [read post]
16 May 2019, 10:00 am
But fast forward to the Trump Administration, and the Dept. of Justice shuttered the Access to Justice Office. [read post]
11 Jul 2012, 10:19 am
Today's Washington Post reports, "Justice Dept., FBI to review use of forensic evidence in thousands of cases. [read post]
26 Mar 2021, 10:06 am
4:38 PM · Mar 22, 2021 The US Defense Production Act is no free lunch. [read post]
6 Oct 2008, 9:04 am
This represents an exception of sorts to the general rule that only defense fees are recoverable from a disclaiming insurer later found to owe coverage. [read post]
