Category: Civil Practice

Rigano v. Vibar Const., Inc. 0

Rigano v. Vibar Const., Inc.

The issue decided in the case is whether a notice of mechanic’s lien can be amended nunc pro tunc to reflect the name of the true owner of the property or whether the misnomer...

Liberty Affordable Housing Inc. v. Maple Court Apartments 0

Liberty Affordable Housing Inc. v. Maple Court Apartments

In this appeal, the Fourth Department examined whether the Court of Appeals decision in Rovello v. Orofino Reality Co., which held that under New York Civil Practice Law and Rules 3211(a)(7) “‘summary dismissal is...

Reis v. Volvo Cars of North America 0

Reis v. Volvo Cars of North America

This appeal addresses the proper jury charge for defective design of product suits. The plaintiff, Manuel Reis was pinned against a wall and lost his left leg after his friend’s 1987 Volvo station wagon...

Kimso v Ghandi 0

Kimso v Ghandi

This appeal addresses a party’s ability to amend a pleading following trial and the full presentation of proof by both parties. Counterclaim plaintiff, Mahesh Gandhi and his two associates formed and held equal one-third...

Harwood v. Addison 0

Harwood v. Addison

This appeal concerns the termination of employment of a public employee. The Petitioner, Brenda Harwood, served as a senior account clerk typist in the City of Watertown’s Parks and Recreation Department. After a twenty-nine...

Puchalski v. Depew Union Free School Dist. 0

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...

Survey: 2013 Civil Practice

Survey: 2013 Civil Practice

Survey of New York Civil Practice law for 2012–2013. View Full PDF Michael Anthony Bottar: A graduate of Colgate University and summa cum laude graduate of Syracuse University College of Law, the author is a member...

Survey: 2012 Civil Practice

Survey: 2012 Civil Practice

Survey of New York Civil Practice law for 2011–2012. View Full PDF Michael Anthony Bottar is a graduate of Colgate University and summa cum laude graduate of Syracuse University College of Law, the author is...

Survey: 2011 Civil Practice 0

Survey: 2011 Civil Practice

Between July 1, 2010 and June 30, 2011, New York’s Court of Appeals and appellate divisions published hundreds of decisions that impact virtually all practitioners. These cases have been “surveyed” in this article, meaning...

Survey: 2010 Civil Practice 0

Survey: 2010 Civil Practice

This Survey year includes several key legislative enactments and case developments that impact virtually all practitioners.  These developments have been “surveyed” in this Article, meaning that the authors have made an effort to alert...