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28 Jun 2017, 4:00 am by The Public Employment Law Press
., 2017 NY Slip Op 04593, Appellate Division, Fourth DepartmentKelly Burke commenced this action seeking damages for injuries that she sustained when she slipped and fell on stairs at a facility owned and operated by Queen of Heaven R.C. [read post]
11 May 2022, 4:00 am by Public Employment Law Press
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
11 May 2022, 4:00 am by Public Employment Law Press
Handler, M.D., P.C. v DiNapoli, 23 NY3d at 247; see NY Const, art V, § 1; State Finance Law § 8 [1], [2], [2-b], [3], [7]). [read post]
27 Mar 2009, 2:08 pm
In People v Bauman (2009 NY Slip Op 02265, 3/26/09) the Court of Appeals held that an indictment charging depraved indifference assault under Penal Law § 120.10 (3) which alleged eleven acts over an eight month period under one count violated Criminal Procedure Law (CPL) § 200.30 (1) because it was duplicitous.The indictment charged two defendants with one count of intentional assault [*2]under Penal Law § 120.10 (1) (the… [read post]
12 May 2023, 5:11 am by Andrew Lavoott Bluestone
Kralik v Marai 2023 NY Slip Op 02588 Decided on May 11, 2023Appellate Division, First Department is an example of the many issues that confront a legal malpractice claim. [read post]
8 Nov 2023, 6:53 am by John Elwood
Oklahoma, 22-6500Issues: (1) Whether a court may require a defendant to demonstrate by clear and convincing evidence that no reasonable fact finder would have returned a guilty verdict to obtain relief for a violation of Brady v. [read post]
4 Mar 2014, 4:00 am by The Public Employment Law Press
The court explained that “Distinguishing actionable fact from a protected expression of opinion is a question of law in which several factors are weighed, including:1. [read post]
11 Jan 2010, 2:19 pm
The air crash that occurred last February 12, 2009, in Clarence, NY, killed 50 people: 45 of them passengers, 4 crew members and 1 person on the ground. [read post]
19 Oct 2018, 4:32 am by Andrew Lavoott Bluestone
Spiegel v Ahearn  2018 NY Slip Op 32472(U)  October 1, 2018  Supreme Court, New York County Docket Number: 101251/2016  Judge: Melissa A. [read post]
22 Sep 2011, 2:49 am by Andrew Lavoott Bluestone
Groman; 2009 NY Slip Op 03465 ; Decided on April 28, 2009 ; Appellate Division, Second Department plaintiff employer sued its attorneys for an employee benefit provision which was drafted by attorney firm 1, which was then taken over by attorney firm 2. [read post]
10 Jan 2016, 7:04 pm by Danielle Wild
"In the second, People v Jones (2015 NY Slip Op 09773), the defendant appealed from a judgment of conviction for attempted rape and other crimes. [read post]
10 Aug 2018, 4:09 am by Andrew Lavoott Bluestone
 Yerushalmi v Schoenfeld  2018 NY Slip Op 05623  Decided on August 1, 2018  Appellate Division, Second Department is an example. [read post]
22 Nov 2011, 3:03 am by Andrew Lavoott Bluestone
in Frederick v Meighan ;2010 NY Slip Op 06076 ;Appellate Division, Second Department we see the effect of Attorney 2 failing to clean up Attorney 1's mistakes. [read post]
19 Feb 2012, 3:41 pm
., LLC, 2012 NY Slip Op 00901, Decided on February 9, 2012, New York Appellate Division, First Department, The Court modified the decision of the lower Court dismissing the plaintiff’s 240(1) claim to the extent of reinstating the § 240(1) claim and granting plaintiff summary judgment. [read post]
3 May 2010, 3:34 am by Andrew Lavoott Bluestone
In Macdonald v Guttman ;2010 NY Slip Op 03519 ;Decided on April 29, 2010 ;Appellate Division, Third Department  one gets a whif of some questionable behavior. [read post]