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In a will contest, the court found that testator was cognitively impaired at the time her will was executed. Matter of Gittleman, 32 A.D.3d 494 (2d Dept. 2006)
29 Mar 2023, 7:26 am by Stephen Bilkis
In the Matter of Gittleman, the court considered the issue of testamentary capacity in the context of a will contest. [read post]
New York Probate and Estate Administration Blog - http://www.newyorkprobateestateadministration.com/
Second Department Joins First and Third Department Holding Presumption of legitimacy applicable to Same-Sex Marriages
21 Mar 2018, 6:18 am by Joel R. Brandes
P., 90 A.D.2d 434, 437, 457 N.Y.S.2d 488 [1982]; Matter of Findlay, 253 N.Y. 1, 7, 170 N.E. 471 [1930]. [read post]
New York Divorce and Family Law Blog - http://brandeslaw.blogspot.com/
Second Department Joins First and Third Department Holding Presumption of legitimacy applicable to Same-Sex Marriages
21 Mar 2018, 6:18 am by Joel R. Brandes
P., 90 A.D.2d 434, 437, 457 N.Y.S.2d 488 [1982]; Matter of Findlay, 253 N.Y. 1, 7, 170 N.E. 471 [1930]. [read post]
New York Divorce and Family Law Blog - http://brandeslaw.blogspot.com/
Public policy considerations affecting arbitration
30 Dec 2011, 3:12 am
" The Courts indicated that the matter was not yet ripe for judicial consideration, commenting that if "the arbitrator's interpretation of the agreement may offend public policy, such a potential does not mandate a stay of arbitration. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Vindicating a personal right
7 Nov 2011, 3:07 am
Vindicating a personal right Cavanaugh v Board of Education of Huntington Union Free School District, 296 A.D.2d 369 The Cavanaugh decisions demonstrates the critical importance of filing a timely notice of claim when an individual plans to sue a school district concerning a matter solely involving his or her private interest. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Freedom of information requests related to disciplinary actions
12 Aug 2010, 11:35 pm
Apparently some of the material demanded concerned disciplinary matters while other papers dealt with a “stipulation of settlement. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Validity Of No Damage For Delay Clause In Construction Contracts
20 Apr 2020, 6:25 am by Trista W. McConnell
  Id., 177 A.D.3d at 514. [read post]
New York Commercial and Construction Lawyer Blog - http://www.newyorkcommercialconstructionlawyer.com/
New York Court of Appeals Will Hear Oral Arguments on Automatic Renewal of Services Provision for Contract for Service Under General Obligations Law §§ 5-902 and 5-903
10 Jun 2011, 3:00 am by Matthew Lerner
The matter in Ovitz addresses a somewhat similar concept. [read post]
New York Civil Law - http://nylaw.typepad.com/new_york_civil_law/
Appellate Court Restates Accounting Burdens
30 Jan 2011, 8:01 pm
A recent decision from the Second Department of the Appellate Division in In Re Taylor 912N.Y.S.2d 651 (A.D.2 Dept 2010) reminds us of the burdens to be met by both sides in a judicial accounting. [read post]
New York Probate & Estate Litigation Blog - http://www.nyprobatelitigation.com/
Parties May Chart Their Own Litigation Course by Agreement Which Courts Are Bound to Enforce. Waiver of Physician-patient Privilege in Contesting Custody Requires Showing That Resolution of Custody Issue Requires Revelation of Protected Material
29 Aug 2017, 12:21 pm by Joel R. Brandes
Baecher, 58 A.D.2d 821). [read post]
New York Divorce and Family Law Blog - http://brandeslaw.blogspot.com/
Parties May Chart Their Own Litigation Course by Agreement Which Courts Are Bound to Enforce. Waiver of Physician-patient Privilege in Contesting Custody Requires Showing That Resolution of Custody Issue Requires Revelation of Protected Material
29 Aug 2017, 12:21 pm by Joel R. Brandes
Baecher, 58 A.D.2d 821). [read post]
New York Divorce and Family Law Blog - http://brandeslaw.blogspot.com/
Court of Appeals Modifies First Department Decision re: Labor Law § 240(1) and Electric Shock
21 Nov 2016, 7:14 am by ADeStefano
Co., 220 A.D.2d 556, 558 [2d Dept 1995]). [read post]
New York Appellate Law Blog - http://mlnappeals.blogspot.com/
Miranda v Vasquez...cont
2 Apr 2015, 3:34 pm by Stephen Bilkis
Contrary to ACS's contention, the deprivation of the right to counsel is a [29 A.D.3d 1016] fundamental error warranting reversal (see Matter of Otto v Otto, 26 AD3d 498 [2006]; Matter of Miranda v Vasquez, 14 AD3d 566 [2005]; Matter of Knight v Griffith, 13 AD3d 449 [2004]; Matter of Vladimir M., 206 AD2d 482, 483 [1994]; Matter of Williams v Williams, 91 AD2d 1044, 1045 [1983]). [read post]
New York Criminal Lawyer Blog - http://www.nycriminalattorneyblog.com/
Stopping the hearing creates a problem
29 Dec 2011, 3:20 am
City School District of the City of New York, 88 A.D.2d 907 A person serving as a hearing officer may be tempted to terminate or “shorten” a hearing because one or more of the participants becomes unruly or abusive. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
New York Appellate Court Holds that Insurer Engaged in Deceptive Practices by Failing to Inform Insureds of their Right to Select Independent Defense Counsel at Insurer's Expense
29 Aug 2008, 12:53 pm
Physicians' Reciprocal Insurers, 52 A.D.3d 886 (N.Y. [read post]
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
Employee must resign “for good cause” to qualify for unemployment insurance benefits
27 Oct 2011, 3:27 am
Employee must resign “for good cause” to qualify for unemployment insurance benefitsQuintana v NYC Police Department, 297 A.D.2d 857 New York City probationary police officer Miguel A. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
NY Appellate Court Dismisses Matter as Academic for Failure to Seek Preliminary Injunction Which Resulted in Failure to Preserve Rights
30 Apr 2011, 10:37 pm by Patty Salkin
The appellants failed to move for a preliminary injunction to preserve the status quo pending the appeal, and therefore the court said they failed to preserve their rights and the court dismissed the matter as academic. [read post]
Law of the Land - http://lawoftheland.wordpress.com/
More and More Appealing
22 Sep 2007, 7:23 pm by Damin J. Toell, Esq.
., 42 A.D.3d 277 (2d Dep't, 2007) to the Court of Appeals. [read post]
It's No-Fault of NY - http://nynofaultlaw.blogspot.com/
Grandparents did not have a constitutional right to seek visitation with their grandchild. Matter of Frydman v. Goldstein, 129 A.D.3d 887 (N.Y. App. Div. 2015)
24 Jul 2023, 6:55 pm by Stephen Bilkis
In the Matter of Frydman v. [read post]
New York Family Law Blog - http://www.newyorkfamilylawblog.com/
Non-marital fathers have the right to seek custody and visitation. Matter of Bennett v. Doe, 141 A.D.2d 43 (N.Y. App. Div. 1988)
23 Jun 2023, 10:28 am by Stephen Bilkis
Matter of Bennett v. [read post]
New York Family Law Blog - http://www.newyorkfamilylawblog.com/