4th Department: Wilk v. James
This appeal followed the denial of defendants’ motion for summary judgment by the Supreme Court of Erie County. Plaintiff Joanne Wilk, administratrix of decedent Steven Wilk, filed a wrongful death… Read more »
Monthly Archives: October 2013
4th Department: Rawlins ex rel. Rawlins v. St. Joseph’s Hosp. Health Center
This appeal addressed the time limit on discovery concerning standards of medical practice and the requirements the opposing party must meet to preclude such discovery. In the Supreme Court for… Read more »
4th Department: Pinnacle Charter Sch. v. Bd. of Regents of Univ. of State of N.Y.
In April 2012, defendant Board of Regents of the University of the State of New York (“Board of Regents”) denied the application of plaintiff Pinnacle Charter School (“Pinnacle”) to renew… Read more »
4th Department: Grace v. Law
This appeal addressed whether a defendant waives or abandons a legal malpractice claim (1) after voluntarily discontinuing the foundational medical malpractice action, and (2) by not appealing a trial court’s… Read more »
New York Court of Appeals: People v. Echevarria
The defendants, Alex Echevarria, Andrew Moss, and Martin Johnson, were arrested after selling controlled substances to undercover police officers. In each case, a pretrial hearing was held pursuant to People… Read more »
New York Court of Appeals: J. P. Morgan Chase Sec., Inc. v. Vigilant Ins. Co.
In this appeal, the Court of Appeals addressed the circumstances required to dismiss an insurance claim as violating public policy because it seeks coverage for conduct done with the intent… Read more »
New York Court of Appeals: Cunningham v. N.Y. Dep’t of Labor
This appeal addressed a public employer’s use of GPS tracking on an employee’s vehicle, whether a warrant is required for such action, and whether the search here was reasonable. The… Read more »
New York Court of Appeals: Barenboim v. Starbucks Corp.
The New York Court of Appeals considered two issues certified by the Second Circuit regarding the legality of the Starbucks Corporation’s (“Starbucks”) tip-splitting policy. In a putative class action lawsuit… Read more »
New York Court of Appeals: Altshuler Shaham Provident Funds, Ltd. v. GML Tower, LLC
This mortgage foreclosure action arises from a failed redevelopment of the Hotel Syracuse complex in downtown Syracuse, New York. In September 2005, defendants GML Tower LLC, GML Syracuse LLC, and… Read more »