Month: January 2015

In re: Thelen LLP

The Court of Appeals answers two certified questions that arose in two separate law firm bankruptcy cases, where the firms dissolved their partnerships. In Thelen, the partners included an “Unfinished Business Waiver” or “Jewel Waiver” in their partnership agreement. This

Posted in Article Archive, Business Associations, Court Watch, Second Circuit

Spoleta Construction, LLC v. Aspen Ins. UK Ltd.

This case on appeal concerns the notice provision of an insurance policy covering a third party contracted employee. The plaintiff in this case, Spoleta Construction, LLC, contracted defendant Hub-Langie Paving, Inc., to complete paving work on a construction job. Plaintiff

Posted in Appellate Division, 4th Judicial Department, Article Archive, Court Watch, Labor and Employment Law

Bish v. Odell Farms P’ship

This appeal addresses the interpretation of NY Labor Law § 240(1) and NY Labor Law § 241(6). The plaintiff, Robert Bish, was a cement truck driver who was injured following a slip and fall off of an affixed ladder to

Posted in Appellate Division, 4th Judicial Department, Article Archive, Court Watch, Labor and Employment Law

People v. Dallas

In a non-jury trial, the defendant was convicted of predatory sexual assault against a child, two counts of assault in the first degree, two counts of assault in the first degree as a sexually motivated felony, and endangering the welfare

Posted in Appellate Division, 4th Judicial Department, Article Archive, Court Watch, Criminal Law, Evidence

People v. Mulligan

This appeal addresses several matters following the criminal conviction upon a jury verdict of Defendant, Edwin L. Mulligan. Defendant was convicted of attempted second degree murder, first degree assault, two counts of criminal possession of a weapon in the second

Posted in Appellate Division, 4th Judicial Department, Article Archive, Court Watch, Criminal Law, Evidence

Federal Rule of Criminal Procedure 12(b)(3)

Effective December 1, 2014 The former Federal Rule of Criminal Procedure 12(b)(3) stated that a party must make the following motions before trial: a motion alleging defect in instituting the prosecution, a motion alleging defect in the indictment or information,

Posted in Article Archive, Court Watch, Rule Amendments

Puchalski v. Depew Union Free School Dist.

The petitioner, Robert Puchalski, was an administrator for the respondent, Depew Union Free School District (“District”) and the Board of Education of Depew Union Free School District, for over seventeen years, and served as an elementary school principal since 2003.

Posted in Administrative Law, Appellate Division, 4th Judicial Department, Article Archive, Civil Practice, Court Watch