News & Analysis as of

Appeals New York

Harris Beach PLLC

Due Process Arguments in NY Illicit Cannabis Shop Closures May Be Resurrected

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Two recent Queens County Supreme Court decisions have shed new light on a business’s due process rights in the circumstance of alleged illicit cannabis sales, store closures and Operation Padlock. Operation Padlock is a...more

King & Spalding

New York Bankruptcy Court Grants Loan Buyer's Motion for Full Recovery of $5 Million Supersedeas Appeal Bond

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On June 12, 2024, the U.S. Bankruptcy Court for the Southern District of New York granted a loan buyer’s motion to recover against a supersedeas appeal bond, finding that, as result of the appeal, the loan buyer suffered...more

Freiberger Haber LLP

Fraud Notes: Two Cases and The Examination of Scienter

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To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more

Sheppard Mullin Richter & Hampton LLP

New York Court of Appeals Rules in Favor of Insurers on COVID Coverage

Our February 2023 post “The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses” left readers wondering whether the New York Court of Appeals would uphold the First...more

Goldberg Segalla

[Webinar] Labor Law Update: Spring 2024 - April 16th, 12:00 pm - 1:00 pm EDT

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Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Seward & Kissel LLP

Employment Litigation Roundup: March 2024

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New York State and New York City Human Rights Laws May Protect Out-of-State Applicants - On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more

A&O Shearman

Valid in Venezuela

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The New York Court of Appeals Requires an Examination of Venezuelan Law to Assess the Validity of a Note Exchange under Section 8-110 of the New York UCC. The continuing litigation and dispute over the 2016 exchange (the...more

Goldberg Segalla

Slip Sliding Away: NY Court of Appeals Expands the Scope of Slipping Hazards under Industrial Code § 23-1.7(d)

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The New York Court of Appeals recently expanded the types of hazards encompassed by Industrial Code § 23-1.7(d). In so doing, the court increased the likelihood of Labor Law § 241(6) liability for property owners, contractors...more

Goldberg Segalla

NY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or Damage to Property

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On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO) business interruption claim...more

Davis Wright Tremaine LLP

New York Court Ruling Could Slow 'Frequency of Pay' Lawsuits Brought by Manual Workers

Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This...more

Goldberg Segalla

[Webinar] Labor Law Update: Fall 2023 - December 12th, 12:00 pm - 1:00 pm EST

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Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Fisher Phillips

Federal Appeals Court Makes Clear that New York’s Equal Pay Law is Stricter than Federal Law: What Employers Need to Know

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A federal appeals court recently made clear that judges must evaluate equal pay claims separately under federal law and New York’s separate equal pay law because the scope of the NY law is broader and could capture more legal...more

Foley Hoag LLP

Product Liability Update - September 2023

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Proskauer - Blockchain and the Law

Ownership Claims over Auction of “The First NFT” Previously Dismissed by a New York Court Now on Appeal

Way back (if we’re counting tech years) in 2014, artist Kevin McCoy (“McCoy”) created a digital record of his pulsating, octagon-shaped digital artwork Quantum on the Namecoin blockchain on May 2, 2014, thereby minting “the...more

Maron Marvel

New York State’s Legalized Marijuana Market on Pause After Supreme Court Ruling Halts Issuances of Conditional Adult-Use Retail...

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On Friday, the Supreme Court of the State of New York, Albany County issued an Order that has effectively placed the long-anticipated rollout of New York’s legalized marijuana market on hold. In Fiore v. New York State...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Riparian Rights/Water Treatment Project: New York Appellate Court Addresses Golf Course's Diminished Flow Claim

The New York Supreme Court (Appellate Division) (“Appellate Court”) addressed in an August 11th Memorandum and Order (“Memorandum”) an issue involving a judicial action alleging diminished flow of water between two...more

White and Williams LLP

Are Syndicated Loans Securities?

The ongoing case of Kirschner v. JP Morgan Chase Bank, N.A., which has traveled through the New York federal court system since 2018, is now before the Second Circuit, who are tasked with deciding the following: are...more

Harris Beach PLLC

New York Amends Regulations for Homebound Instruction for Public School Districts

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New York State recently updated the Commissioner’s Regulations related to providing homebound instruction for kindergarten through age 21 students. Homebound instruction is temporary education, typically provided in the form...more

Pillsbury Winthrop Shaw Pittman LLP

“If You Don’t Make It There, You Can’t Make It Anywhere:” New York’s Zero Manufacturing Rate Requires New York Property

A New York State administrative law judge (ALJ) found that Raytheon did not qualify for the state’s zero percent tax rate for manufacturers or the reduced tax rate for qualified emerging technology companies (QETCs). ...more

McDermott Will & Emery

New York Budget Legislation Contains Significant Tax Provisions

New York Governor Kathy Hochul and the New York State Legislature have reached an agreement on the state’s fiscal year 2024 budget legislation. Most surprisingly, the legislation grants the New York State Department of...more

Lippes Mathias LLP

Anatomy of a Falsifying Business Records Case Under New York Law

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In the world of white-collar criminal prosecution in New York by either a District Attorney or the Attorney General, the crime of Falsifying Business Records is omnipresent. The crime of Falsifying Business Records comes...more

Harris Beach PLLC

Federal Appeal Could Influence New York Cannabis Licensing for Rest of 2023

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It has been four months since U.S. District Court Judge Gary Sharpe issued an injunction barring the New York Office of Cannabis Management (OCM) from issuing any conditional adult-use retail dispensary (CAURD) licenses in...more

Harris Beach PLLC

NY Court of Appeals Takes Sensible Approach to 90-Day Preforeclosure Notices

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On February 14, 2023, the New York Court of Appeals issued a ruling in Bank of America, NA v. Kessler, holding that the inclusion of concise and relevant additional information does not void an otherwise proper 90-day...more

Sheppard Mullin Richter & Hampton LLP

The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses

Does the business harm caused by COVID-19 qualify as “direct physical loss” for insurance purposes? In Spirit Airlines, Inc. v. American Home Assurance Company, Index No. 655755/2021, Commercial Division Justice Robert R....more

ArentFox Schiff

Court Provides Tax Relief For Those With a Second Home in New York

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For years taxpayers who commuted to New York for work while owning a rarely used New York vacation home or pied-a-terre have been surprised to find themselves taxed as New York State and/or City residents. This often meant...more

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