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New York Civil Law 
A forum for New York Appellate Law, Civil Procedure, Insurance Coverage and Defense and other interesting issues.
Post Frequency: 13/day Last Entry: January 18, 2011 at 07:20:00 Recent Entries: 221
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Reports State New York State Governor Will Nominate Justice Jonathan Lippman Tomorrow
Posted on January 13, 2009Certain news resources are reporting that New York Governor David Paterson will nominate Justice Jonathan Lippman as New York's new Chief Judge of the New York Court of Appeals. This is the first time since 1897 that a chief judge...
New York Court of Appeals Will Address Whether Manufacturers Have a Continuing Duty to Retrofit or Recall Products
Posted on January 05, 2009The Appellate Division, First Department recently granted leave to appeal to the New York Court of Appeals in Adams v. Genie Indus. Inc. The appeal concerns a product-liability matter where the plaintiff allegedly injured himself on a compact personnel person-lift...
Top Five Surprises and Disappointments Impacting New York Law in 2008
Posted on January 05, 2009For the first time since I started writing this blawg, I am presenting my own end-of-the-year list. Today's list is:The Top Five Surprises and Disappointments Impacting New York Law5. The Commission on Judicial Nomination does not recommend Judge Carmen Ciparick...
New York Court of Appeals Will Address Whether Manufacturers Have a Continuing Duty to Retrofit or Recall Products
Posted on January 05, 2009The Appellate Division, First Department recently granted leave to appeal to the New York Court of Appeals in Adams v. Genie Indus. Inc. The appeal concerns a product-liability matter where the plaintiff allegedly injured himself on a compact personnel person-lift...
Free Web Journal on Trial Skills: "The Jury Expert"
Posted on January 01, 2009"The Jury Expert" is a free, on-line journal that concentrates on trial skills. The journal's goal is to translate social sciences research findings into practical and relevant tools for the litigator. The articles go beyond "teaser" articles to promote jury...
New York Court of Appeals Grants Leave to Appeal In Supplementary Uninsured/Underinsured Motorist Dispute
Posted on December 31, 2008Last Thursday, the New York Court of Appeals granted leave to appeal in Allstate Ins. Co. v. Rivera. Rivera concerns the interpretation of the Supplementary Uninsured/Underinsured Motorists endorsement of Allstate's automobile insurance policy. Allstate insured a vehicle that collided with...
Top Five Surprises and Disappointments Impacting New York Law in 2008
Posted on December 28, 2008For the first time since I started writing this blawg, I am presenting my own end-of-the-year list. Today's list is:The Top Five Surprises and Disappointments Impacting New York Law5. The Commission on Judicial Nomination does not recommend Judge Carmen Ciparick...
New York Court of Appeals Recently Addresses Cigarette Liability
Posted on December 21, 2008There have been waves of litigation against cigarette manufacturers. One of the newest waves concerns an argument plaintiffs have recently presented -- "regular" cigarettes are defective as compared to "light" cigarettes because "light" cigarettes have less tar and a lower...
"New Yorker" Piece on Chief Judge Judith Kaye
Posted on December 21, 2008The "New Yorker" published this interesting piece on Chief Judge Judith Kaye.Hat Tip goes to Eric from New York Personal Injury Law Blog.
"New Yorker" Piece on Chief Judge Judith Kaye
Posted on December 09, 2008The "New Yorker" published this interesting piece on Chief Judge Judith Kaye.\Hat Tip goes to Eric from New York Personal Injury Law Blog.
New York Court of Appeals Addresses Insurance Law sec. 3420(d) Within Context of Insured Non-Cooperation
Posted on December 08, 2008Plaintiffs' and defense attorneys struggle with the lack of defined time limits as applied to Insurance Law sec. 3420(d). Section 3420 is the requirement in bodily injury and death cases that an insurer shall give an insured, injured person, or...
New York Court of Appeals Addresses Insurance Law sec. 3420(d) Within Context of Insured Non-Cooperation
Posted on December 07, 2008Plaintiffs' and defense attorneys struggle with the lack of defined time limits as applied to Insurance Law sec. 3420(d). Section 3420 is the requirement in bodily injury and death cases that an insurer shall give an insured, injured person, or...
New York State's Commission on Judicial Nomination Gives Governor Seven Candidates
Posted on December 02, 2008New York State's Commission on Judicial Nomination gave Governor David Paterson seven candidates for the position of Chief Judge of the New York Court of Appeals. Two of the candidates are current Judges on the Court of Appeals:Judge Theodore Jones...
Back to the Posts . . .
Posted on November 30, 2008In the past few months, personal matters prevented me from writing posts. Hopefully the upcoming months will allow for frequent posts and lively discussion.
Back to the Posts . . .
Posted on November 30, 2008In the past few months, personal matters prevented me from writing posts. Hopefully the upcoming months will allow for frequent posts and lively discussion.
Upcoming Webconference on The Advances of Technology in Modern Litigation
Posted on November 12, 2008On November 18, 2008, the Young Lawyers Webconference Subcommittee of the Defense Research Institute will present "The Advances of Technology in Modern Litigation." During this webconference, fellow Young Lawyer Committee members, Sean Shirley of Balch & Bingham LLP and me...
Upcoming Webconference on The Advances of Technology in Modern Litigation
Posted on November 09, 2008On November 18, 2008, the Young Lawyers Webconference Subcommittee of the Defense Research Institute will present "The Advances of Technology in Modern Litigation." During this webconference, fellow Young Lawyer Committee members, Sean Shirley of Balch & Bingham LLP and me...
New York Court of Appeals Grants Leave to Appeal In Supplementary Uninsured/Underinsured Motorist Dispute
Posted on October 27, 2008Last Thursday, the New York Court of Appeals granted leave to appeal in Allstate Ins. Co. v. Rivera. Rivera concerns the interpretation of the Supplementary Uninsured/Underinsured Motorists endorsement of Allstate's automobile insurance policy. Allstate insured a vehicle that collided with...
New York Court of Appeals Addresses "Law Office Failure" Excuse Within Context of CPLR 3404
Posted on October 20, 2008The New York Court of Appeals addressed a CPLR 3404 recently in Okun v. Tanners. In Okun, the "law office failure" excuse could not win the day for the plaintiff. The case concerned CPLR 3404, which provides that after a...
New York Court of Appeals Addresses Discovery Issues
Posted on October 14, 2008The New York Court of Appeals this upcoming Session will address an issue of discovery in Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc. The appeal concerns a Special Referee's recommendation (1) that the defendant business produce a...
New York Court of Appeals Addresses Certified Question Regard Insurance Policy's Notice Provision
Posted on October 13, 2008This upcoming week, the New York Court of Appeals will address the following certified question in Briggs Avenue LLC v. Insurance Corp. of Hanover. Here is the issue:When an injured party begins its suit against an insured by serving process...
New York Court of Appeals Addresses Discovery Issues
Posted on October 13, 2008The New York Court of Appeals this upcoming Session will address an issue of discovery in Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc. The appeal concerns a Special Referee's recommendation (1) that the defendant business produce a...
New York Court of Appeals Addresses Certified Question Regard Insurance Policy's Notice Provision
Posted on October 13, 2008This upcoming week, the New York Court of Appeals will address the following certified question in Briggs Avenue LLC v. Insurance Corp. of Hanover. Here is the issue:When an injured party begins its suit against an insured by serving process...
Excellent Article on Chief Judge Kaye's Responsibilities
Posted on October 12, 2008Newsday published this excellent article on Chief Judge Judith Kaye's responsibilities as the Chief Judge of the New York Court of Appeals. If anything, Chief Judge Kaye is downplaying the amount of work she puts into her job.
New York Department of Insurance Webcasts Today
Posted on October 07, 2008I just learned today that the New York Department of Insurance will be providing a webcast today at 10:00 a.m. You can access the webcast here: http://www.totalwebcasting.com/live/nysins/ Please excuse the appearance, I'm mobile blogging.
First Time New York State Bar Association Has Webcast of Section Executive Meeting
Posted on October 05, 2008You are invited to view the Torts Insurance & Compensation Law Section in action. On October 7th (this Tuesday), the Section's Executive Committee will hold its quarterly meeting at the New York Bar Center. The first hour of this meeting...
First Time New York State Bar Association Has Webcast of Section Executive Meeting
Posted on October 05, 2008You are invited to view the Torts Insurance & Compensation Law Section in action. On October 7th (this Tuesday), the Section's Executive Committee will hold its quarterly meeting at the New York Bar Center. The first hour of this meeting...
Old New York Civil Law Poll About the Wikipedia
Posted on September 16, 2008The old poll that I posted had surprising results. The poll asked this question: Would you cite the Wikipedia for a non-legal point in a legal document such as a motion submission or appellate brief?75% stated that he or she...
New York Court of Appeals Clarifies Outar v. City of New York -- Labor Law sec. 240(1)
Posted on September 15, 2008Does a falling object need to be in the process of being hoisted or secured to come within the ambit of Labor Law sec. 240(1)? The New York Court of Appeals in Quattrocchi v. F.J. Sciame Contr. Co. clarified the...
Old New York Civil Law Poll About the Wikipedia
Posted on September 14, 2008The old poll that I posted had surprising results. The poll asked this question: Would you cite the Wikipedia for a non-legal point in a legal document such as a motion submission or appellate brief?75% stated that he or she...
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Claim for Concealment of Value of Marital Assets Dismissed in New York
Once a divorce case is settled, parties often experience “buyer�...
Pre-Nuptial Agreements: New York Tolls the Statute of Limitations
The New York legislature has passed a law that clears up what had ...
Medical Malpractice - Why Is Your New York Doctor Afraid To Treat You?
I was in the emergency room with my son one evening, and the emerg...
Another Fatal Accident on the New York Bronx River Parkway
November 2007 has been a treacherous month on the Bronx River Park...
New York City Car Crash Kills Woman Who Survived 9/11
Florence Cioffi, a woman who survived 9/11 and was just days from ...
Dumb New York Laws
Stupid Laws in the Empire State
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
New York Building Codes
Building and constructions laws in New York
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Selection of State Supreme Court Judges
How State Court Judges are Selected
Gay Marriage Laws
Where same sex couples can marry
Can a probation officer make a decision that involves a medical decision and prohibit a person from leaving a state to get medical help?
well if you could get him to a mental health facility they could screen him for ...
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
In continuation.I received further emails, and regular mail stating they were just awaiting for his most recent retirement statement from his last job he served as a civil servant in the nys retirement system,they then s
you need to speak with a NY tax lawyer & a domestic lawyer - if you were lis...
Divorce in the Philippines between a national and a foreigner?
first of all,eventhough divorce is not legal in the Phil,the fact that you are m...
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Can a probation officer make a decision that involves a medical decision and prohibit a person from leaving a state to get medical help?
well if you could get him to a mental health facility they could screen him for ...
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
In continuation.I received further emails, and regular mail stating they were just awaiting for his most recent retirement statement from his last job he served as a civil servant in the nys retirement system,they then s
you need to speak with a NY tax lawyer & a domestic lawyer - if you were lis...
Divorce in the Philippines between a national and a foreigner?
first of all,eventhough divorce is not legal in the Phil,the fact that you are m...
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