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21 Apr 2024, 11:00 pm
., sought a 30-day extension of time within which to file a “note of issue,” (a document indicating that the case was ready for trial), the New York County Supreme Court denied that request, and an appeal ensued.On its review, the Appellate Division, First Department, noted that the motion court’s order had directed that discovery would be "automatically waived and precluded" if not completed by the timeframes set by… [read post]
19 Apr 2024, 3:00 am
Supreme Court Weighs New Bribery Case as More Clashes Are Brewing MSN – Jan Wolfe and C. [read post]
18 Apr 2024, 11:00 pm
., after a “note of issue” was filed -- the plaintiff was served with a “notice to admit,” wherein the defendant was asking the plaintiff to “to admit or deny whether the appended photos were a ‘fair and/or correct representation’ of screen shots” taken from various social media accounts.After the plaintiff’s request for an order of protection was denied by the New York County Supreme Court, he… [read post]
18 Apr 2024, 6:47 pm
The matter of historic precedent for privacy can be best illustrated by the front two pages of the New York Daily Herald for December 5, 1848. [read post]
18 Apr 2024, 12:25 pm
The failure of the trial court to dismiss a legal malpractice claim was reversed by the New York Appellate Division for the First Judicial Department Order, Supreme Court, New York County (Lynn R. [read post]
18 Apr 2024, 5:00 am
EMPLOYEE WORKED AT FIRM HIRED BY OPPOSING PARTYAfter a “damage expert” was disqualified from testifying in a New York County Supreme Court case due to a “conflict of interest,” an appeal ensued.And on its review of the record, the Appellate Division, First Department, noted that an expert witness can be removed from a matter when it was reasonable for a party to think that a “confidential relationship” existed and that… [read post]
15 Apr 2024, 11:00 pm
”And upon the New York County Supreme Court’s transfer of the dispute to the Appellate Division, First, Department, the latter noted that video footage showed WS approaching a restrained and escorted inmate (from behind) and punching the latter in the side of the head. [read post]
15 Apr 2024, 6:00 pm
Midland County Bar Association April 15, 2024 Thank you, Judge Counts, for the kind introduction. [read post]
15 Apr 2024, 4:37 am
There are plenty of advantages to practicing business divorce litigation in New York. [read post]
15 Apr 2024, 3:00 am
” “Accordingly, the order of the Supreme Court, [*4]New York County (Andrew Borrok, J.), entered April 26, 2023, which, insofar as appealed from, granted defendant Getzel Schiff & Pesce, LLP’s motion to dismiss, should be reversed, on the law, without costs, and the motion denied. [read post]
14 Apr 2024, 11:00 pm
Co (New York County Supreme Court) [read post]
12 Apr 2024, 4:00 am
Special Counsel Urges Supreme Court to Reject Trump’s Immunity Claim MSN – Ann Marimow (Washington Post) | Published: 4/8/2024 Special counsel Jack Smith urged the U.S. [read post]
11 Apr 2024, 4:00 am
In his guest post on this blog last week, Professor Sobkowski critiqued Jesse Wegman's New York Times op-ed discussing the "crisis in teaching constitutional law. [read post]
10 Apr 2024, 8:09 am
Supreme Court’s ruling in New York State Rifle & Pistol Association v. [read post]
9 Apr 2024, 2:41 pm
For New York, Uber Techs., Inc. v. [read post]
9 Apr 2024, 7:03 am
New York City Off. of Mgt. [read post]
8 Apr 2024, 11:00 pm
And when the New York County Supreme Court denied that request, the company appealed.On its review of the dispute, the Appellate Division, First Department, reiterated the factors that typically govern such applications, and noted that a court may consider "the burden on the New York courts, the potential hardship to the defendant, and the unavailability of an alternative forum in which plaintiff may bring suit… [read post]
8 Apr 2024, 10:08 am
In December 1996, Judge Jones issued his decision that excluded the plaintiffs’ expert witnesses’ proposed testimony on grounds that it failed to satisfy the requirements of Rule 702.[5] In October 1996, while Judge Jones was studying the record, and writing his opinion in the Hall case, Judge Weinstein, with a judge from the Southern District of New York, and another from New York state trial court, conducted a two-week Rule 702… [read post]
8 Apr 2024, 5:00 am
THERE WAS “PROBABLE CAUSE” TO ISSUE ARREST WARRANTAfter the New York County Supreme Court convicted DC of “criminal possession of a controlled substance in the third degree,” and sentenced him to five years’ probation, he appealed.While the government alleged that DC had waived his right to appellate review, the Appellate Division, First Department didn’t agree. [read post]
7 Apr 2024, 11:00 pm
NON-WORKING ELEVATORS CAN CONSTITUTE AN “ACTUAL PARTIAL EVICTION”After the New York County Supreme Court denied a landlord’s request for its tenants to pay “use and occupancy” or “rent,” while the case was pending, the landlord appealed.On its review, the Appellate Division, First Department, noted where elevators are “absolutely essential” to a tenant’s “beneficial enjoyment of the… [read post]
