Survey: 2015 Civil Practice

Michael Anthony Bottar reviews the developments in New York Civil Practice during 2015. Bottar surveys five statutory reforms, material changes to the Office of Court Administration (OCA) rules, and various case law developments under CPLR Articles 2, 3, 5, 9, 10, 20, 21, 23, 30, 31, 32, 40, 50, and 78.

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 a member of Bottar Leone, P.L.L.C., an adjunct professor at Syracuse University College of Law, and a member of the Syracuse University College of Law Board of Advisors. The author thanks Samantha C. (Robbins) Riggi, Esq., for her extraordinary efforts in connection with this year’s Survey.

Survey: 2015 Business Associations

Sandra S. O’Loughlin and Christopher J. Bonner review developments in New York Business Association law in 2015. Their review focuses on the major changes made to New York’s LLC law, as well as a holding by a bankruptcy court that ex-partners could be held liable for returning compensation paid while the law partnership was insolvent.

View Full PDF

Sandra S. O’Loughlin: Partner, Barclay Damon, L.L.P., Buffalo, New York; Adjunct Professor and Lecturer, University at Buffalo Law School, State University of New York; J.D., State University of New York at Buffalo Law School; B.A., Daemen College; Rosary Hill College.

Christopher J. Bonner: Special Counsel, Barclay Damon, L.L.P., Syracuse, New York; J.D., Harvard Law School; B.A., Williams College.

Survey: 2015 Administrative Law

Rose Mary Bailly and William P. Davies review the developments in New York Administrative Law during 2014–2015. For judicial developments, the authors review: (A) the due process rights of an incapacitated parolee; (B) the deferential weight of agency interpretation of the Environmental Conservation Law; (C) whether an agency decision finding no excess child-support payments were due was arbitrary or capricious; (D) the Court of Appeals’s test for standing in the context of a State Environmental Quality Review (SEQRA); (E) the proper remedy for a violation of the right to call a witness in a prisoner disciplinary case; and (F) the statute of limitations for claims under Section 8 of the Federal Housing Act. Bailly and Davies also discusses executive branch developments, such as (A) the Raise the Age legislation, an act intended to treat older teenagers differently from adults in criminal cases; (B) changes to the regulation of alcohol; (C) an executive order on the Freedom of Information Act; and (D) reforms to the Port Authority.

View Full PDF

Rose Mary Bailly, Esq., is Special Counsel to the Government Law Center of Albany Law School, and an Adjunct Professor of Law at Albany Law School where she teaches New York State Administrative Law, among other courses.

William P. Davies, J.D., Albany Law School 2016. He was an Executive Editor for Notes & Comments on the Albany Law Review, Volume 79. He was also the Senior Student Editor for the NYSBA Government, Law and Policy Journal.

Survey: 2014 Tort Law

Survey of New York Tort law for 2013–2014.

View Full PDF

John C. Cherundolo is a former Supreme Court Justice of the New York Unified Court System, Onondaga County, and an Adjunct Professor of Law at Syracuse University College of Law. LL.M. Temple Law, J.D. Syracuse University College of Law, M.P.A Syracuse University Maxwell School, and B.A. Syracuse University.

Survey: 2014 Media Law

Survey of New York Media law for 2013–2014.

View Full PDF

Roy S. Gutterman is an Associate Professor and Director of the Tully Center for Free Speech at the S.I. Newhouse School of Public Communications at Syracuse University. The author wishes to thank Jennifer Osias, Tully Center Research Assistant, for her assistance on this study.

Survey: 2014 Labor & Employment Law

Survey of New York Labor & Employment law for 2013–2014.

View Full PDF

Tyler Hendry, associate at Bond, Schoeneck & King, PLLC; J.D., magna cum laude, 2010, University at Buffalo Law School; B.A., summa cum laude, 2007, Le Moyne College. Allison Zullo Gottlieb, associate at Bond, Schoeneck & King, PLLC; J.D., summa cum laude, 2011, Albany Law School; B.A., summa cum laude, 2008, St. John Fisher College. The authors would like to thank Alyssa N. Campbell, Scott F. Regan, and Jennifer B. Scheu for their assistance in preparing this article.

Survey: 2014 Insurance Law

Survey of New York Insurance law for 2013–2014.

View Full PDF

Dan D. Kohane, a senior member of the New York law firm of Hurwitz & Fine, P.C., is a nationally recognized insurance coverage counselor who serves as an expert witness and conducts extensive training, consultation, and in-house seminars on this highly specialized practice. Mr. Kohane is known in the industry for his comprehensive newsletter, Coverage Pointers, a bi-weekly publication summarizing important insurance coverage decisions. An accomplished trial lawyer and litigator, Mr. Kohane also has extensive experience mediating complex casualty and insurance coverage disputes. He teaches Insurance Law as an adjunct professor at the University at Buffalo Law School and heads the firm’s Insurance Coverage practice group.

Audrey A. Seeley is a member of Hurwitz & Fine, P.C. in its Buffalo, New York
office, where she focuses on insurance coverage and no-fault coverage. Ms. Seeley routinely provides counseling to insurers on a national basis for personal and advertising injury coverage issues and on primary and excess personal lines insurance policies. She also handles declaratory judgment actions across New York State. Ms. Seeley is the team leader of the firm’s No-Fault practice group and also provides No-Fault insurance coverage advice to insurers. She is currently the Chair of the Insurance Law Committee of the Defense Research Institute (DRI). Ms. Seeley has been recognized in Best Lawyers of America, Who’s Who In the Law, and has been named in the Upstate New York Super Lawyers list.

The authors wish to specially thank Ms. Jocelyn Michele Seitter, University at
Buffalo Law School, J.D. Candidate 2015, for her dedication and assistance with this Survey.