Featured Articles

United States Court of Appeals for the Second Circuit Certifies Two Questions Regarding Attorney Deceit

Matthew Lerner
July 21, 2008 00:25

The United States Circuit Court of Appeals for the Second Circuit in Amalfitano v. Rosenberg certified the following two questions to the New York State Court of Appeals: (1) Can a successful lawsuit for treble damages brought under N.Y. Jud....The United States Circuit Court of Appeals for the...

Recent Articles

Defamation - New York Court of Appeals' Addresses Long-Arm Jurisdiction Within Context of Defamation Suit

Matthew Lerner
June 16, 2011 10:00

SPCA of Upstate N.Y., Inc. v. American Working Collie Assn. (Motion for leave granted on Dec. 16, 2010) 74 A.D.3d 1464 (3d Dep’t 2010) This appeal addresses the almost entirely subjective issue of long-arm jurisdiction in a defamation action. New...SPCA of Upstate N.Y., Inc. v. American Working...

Defamation - New York Court of Appeals Addresses Fact Versus Opinion in Summary Judgment Context

Matthew Lerner
June 15, 2011 10:00

Halstead v. Brokaw (Motion for leave to appeal granted on Dec. 10, 2010) 74 A.D.3d 1283 (2010) The appeal concerns one of three related actions to recover damages for defamation. The novel issue appears to concern a court’s determination of...Halstead v. Brokaw (Motion for leave to appeal granted...

Serious Injury Part II – New York Court of Appeals Hears Oral Arguments on Findings of Limitations of Range of Motion Contemporaneous With the Subject Motor-Vehicle Accident

Matthew Lerner
June 14, 2011 10:00

Travis v. Batchi (Motion for leave to appeal granted on February 10, 2011) 75 A.D.3d 411 (1st Dep’t 2010) This appeal from the First Department addresses the same issue of contemporaneous findings. The Court noted that the examination records of...Travis v. Batchi (Motion for leave to appeal...

Serious Injury – New York Court of Appeals Hears Oral Arguments on Findings of Limitations of Range of Motion Contemporaneous With the Subject Motor-Vehicle Accident

Matthew Lerner
June 13, 2011 10:00

Adler v. Bayer (Motion for leave to appeal granted on Jan 18, 2011) 2010 N.Y. Slip Op. 07300 (Oct. 12, 2010) The Second Department has developed a line of analysis regarding demonstrating a prima facie case of “serious injury” pursuant... Adler v. Bayer (Motion for leave to appeal granted on Jan...

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

Matthew Lerner
June 10, 2011 10:00

Ovitz v. Bloomberg L.P. (Motion for leave granted on Feb. 17, 2011) 77 A.D.3d 515 (1st Dep’t 2011) We are all familiar with those magazine subscription deals and the like where you sign up for a free trial period, and...Ovitz v. Bloomberg L.P. (Motion for leave granted on Feb. 17, 2011) 77 A.D.3d...

New York Court of Appeals Will Hear Appeal on Applicability of Business Corporation Law § 630 to Foreign Corporations/Personal Exposure of a Corporation’s 10 Largest Shareholders

Matthew Lerner
June 09, 2011 10:00

Stuto v. Kerber (Motion for leave granted on Feb. 15, 2011) 77 A.D.3d 1233 (3d Dep’t 2010) This appeal will not only offer an analysis of Business Corporation Law § 630, it will likely also provide practitioners with a good...Stuto v. Kerber (Motion for leave granted on Feb. 15, 2011) 77 A.D.3d...

New York Administrative Law - New York Court of Appeals Will Hear Appeal As to Power of Agency to Amend Regulation

Matthew Lerner
June 08, 2011 10:00

Metropolitican Taxicab Bd. of Trade v. New York City Taxi & Limousine Comm. (Motion for leave granted on Dec. 14, 2010) 71 A.D.3d 508 (1st Dep’t 2010) Although this appeal addresses the New York City Taxi & Limousine Commission’s authority...Metropolitican Taxicab Bd. of Trade v. New York...

New York Administrative Law - New York Court of Appeals' Will Hear Appeal on Review of Bids for Municipal Contracts

Matthew Lerner
June 07, 2011 10:00

Matter of AAA Carting & Rubbish Removal, Inc. v. Town of Southeast (Motion for leave to appeal granted on Nov. 23, 2010) 74 A.D.3d 959 (2d Dep’t 2010) This appeal impacts public entities and their ability to analyze and chose...Matter of AAA Carting & Rubbish Removal, Inc. v. Town of...

New York Insurance Law – New York Court of Appeals Will Hear Appeal on Notice to Insurer Concerning “Claims Made” Insurance Policy

Matthew Lerner
June 06, 2011 10:00

McCabe v. St. Paul Fire & Marine Ins. Co. (Motion for leave to appeal granted on May 3, 2011) Has the Fourth Department determined that an insurer regarding a “claims made” insurance policy need not receive a report of a...McCabe v. St. Paul Fire & Marine Ins. Co. (Motion for leave to...