Search for: "MATTER OF APPELL v. Appell" Results 141 - 160 of 25,342
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Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher
15 May 2024, 10:00 am by Public Employment Law Press
Corp., 18 NY3d 499, 503 [2012]), the custodian engineer's generalized testimony that she would regularly test the door and determine that it was functioning safely and properly, by itself and without any expert analysis, failed to establish, prima facie, defendant's entitlement to judgment as a matter of law (see Lugo v Belmont Blvd. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
15 May 2024, 7:41 am by Eric Goldman
In Sohm v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
2nd District Court of Appeal Upholds Local Governments’ Discretion to Override Housing Density Caps
15 May 2024, 2:00 am by Abbott & Kindermann, Inc., William W. Abbott and Kara Anderson
In AIDS Healthcare Foundation v. [read post]
Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/
Can a Jury’s Verdict Be Overturned
14 May 2024, 7:59 am by Tobin Admin
Walmart Stores East, LP v. [read post]
Tobin Injury Law Blog - https://www.tobininjurylaw.com/blog/
Petitioners failed to reject Respondent's answer and deem it a nullity due to its lack of a verification resulting in Supreme Court abusing its discretion by sua sponte striking Respondent's answer
14 May 2024, 6:00 am by Public Employment Law Press
Under CPLR 3026, "[p]leadings shall be liberally construed" and "[d]efects shall be ignored if a substantial right of a party is not prejudiced" (Matter of Augostini v Bernstein, 172 AD3d 1946, 1947 [4th Dept 2019]).Accordingly, the matter is remanded for further proceedings, including a determination of whether respondent's answer was properly served.THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Petitioners failed to reject Respondent's answer and deem it a nullity due to its lack of a verification resulting in Supreme Court abusing its discretion by sua sponte striking Respondent's answer
14 May 2024, 6:00 am by Public Employment Law Press
Under CPLR 3026, "[p]leadings shall be liberally construed" and "[d]efects shall be ignored if a substantial right of a party is not prejudiced" (Matter of Augostini v Bernstein, 172 AD3d 1946, 1947 [4th Dept 2019]).Accordingly, the matter is remanded for further proceedings, including a determination of whether respondent's answer was properly served.THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION,… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
CASE SHOULD HAVE BEEN RESTORED TO COURT’S CALENDAR
13 May 2024, 11:00 pm
LLC v S. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
 Matter of Rosa v New York City Employees' Retirement Sys. 2024 NY Slip Op 02538 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
 Matter of Rosa v New York City Employees' Retirement Sys. 2024 NY Slip Op 02538 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Half a Loaf and No Legal Malpractice
13 May 2024, 4:54 am by Andrew Lavoott Bluestone
Hagler is a complicated legal malpractice case arising from a $2 Million dollar demand note, sale of Apple stock, questions of usury and a few appellate decisions. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Constitutional Rights vs. Climate Change: Inside the Juliana Case Dismissal
12 May 2024, 11:54 am by Stuart Kaplow
Supreme Court’s holding in Obergefell v. [read post]
Green Building Law Update - https://www.greenbuildinglawupdate.com/
Can You Go To Jail For Not Paying Attorney’s Fees In Illinois?
11 May 2024, 10:09 am by Russell Knight
This statute is written in a cumbersome matter which largely describes what the statute does not allow. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/
Why the Supreme Court’s Latest Copyright Ruling May Be Short-Lived
10 May 2024, 12:57 pm by Aaron Moss
Hearst v. [read post]
Copyright Lately - https://copyrightlately.com/
What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios
10 May 2024, 9:01 am by Matthew A. Seligman
Circuit’s application of the Fitzgerald test in Blassingame v. [read post]
Just Security - https://www.justsecurity.org/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
"The effect, if any, to be given to an earlier arbitration award in subsequent arbitration proceedings is a matter for determination in that forum" (Matter of City School Dist. of City of Tonawanda v Tonawanda Educ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
"The effect, if any, to be given to an earlier arbitration award in subsequent arbitration proceedings is a matter for determination in that forum" (Matter of City School Dist. of City of Tonawanda v Tonawanda Educ. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Thomas Analogy: Why Recusal Was More Compelling for Merchan in Manhattan
10 May 2024, 4:34 am by jonathanturley
” People v. [read post]
Jonathan Turley - https://jonathanturley.org/
Federal Judge Finds Exception To Exclusivity Of California Dissenters' Rights Remedy To Be "Likely" Even Though The Statute Says Otherwise
10 May 2024, 12:15 am
  The jury found for the plaintiffs and the defendants renews a pending motion for judgment as a matter of law. [read post]
California Corporate & Securities Law - https://www.calcorporatelaw.com/
Fees May Be Awarded Under Anti-SLAPP Even if Case Dismissed on Other Grounds
9 May 2024, 10:45 am by Lee E. Berlik
The case is Jamie Allen Harless v. [read post]
Virginia Defamation Law Blog - http://www.virginiadefamationlawyer.com/
Lack of sufficient safety devices to protect Plaintiff from falling into a hole violated Labor Law §240(1)
9 May 2024, 10:00 am by Public Employment Law Press
Matter of Rijos v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/