Andrew C Smith

January 18, 2018 | New York Law Journal

In their Appellate Division Review, Leo Milonas and Andrew C. Smith write: As we begin 2018, we look back on some of the highlights from the final quarter of 2017 below.

By Leo Milonas and Andrew C. Smith

9 minute read

October 24, 2017 | New York Law Journal

Just in time for Halloween, Leo Milonas and Andrew C. Smith, in their Appellate Division Review, have perused the Appellate Division's recent decisions to bring you some of the treats from the third quarter of 2017.

By Leo Milonas and Andrew C. Smith

9 minute read

July 20, 2017 | New York Law Journal

In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith report on decisions involving whether a telephone company is a utility for tax purposes, a manufacturer's liability for failing to install "optional" safety features on a product being sold to a company that intends to rent it to consumers, regulation of charter schools, discovery of 911 call records, and more.

By E. Leo Milonas and Andrew C. Smith

17 minute read

April 20, 2017 | New York Law Journal

In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith report on cases involving a condominium owner's eviction, a criminal witness who suddenly developed amnesia while on the stand, whether a guilty plea bars an "actual innocence" claim, whether a citizen review board had standing to sue the police department it was charged with reviewing, and more.

By E. Leo Milonas and Andrew C. Smith

18 minute read

January 19, 2017 | New York Law Journal

In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith report on recent decisions involving shareholders' common law right to inspect books and records and whether that extends to a corporation's wholly-owned subsidiaries, the in pari delicto doctrine as applied to Madoff feeder funds, personal jurisdiction, the taxation of fiber optic cables as real property, subject matter jurisdiction of family court, and more.

By E. Leo Milonas and Andrew C. Smith

17 minute read

October 20, 2016 | New York Law Journal

Appellate Division Review columnists E. Leo Milonas and Andrew C. Smith highlight two insurance law decisions addressing issues of first impression, as well as a case finding that pistol permit holders' names and addresses are public records and subject to disclosure of identity under the Freedom of Information Law absent individualized exceptions.

By E. Leo Milonas and Andrew C. Smith

17 minute read

July 15, 2016 | New York Law Journal

In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith review recent decisions on satisfying the "demand" requirement for a derivative shareholder suit, the appraisal of shares of a minority partner who has wrongfully dissolved a partnership, parole considerations for persons who were juveniles at the time they committed their crimes, a state agency's mandate to investigate reports of neglect at a care facility, and more.

By E. Leo Milonas and Andrew C. Smith

24 minute read

April 15, 2016 | New York Law Journal

In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith highlight some of the leading decisions from the first quarter of 2016 involving dissolving foreign corporations, pharmacists' duty of care, extending orders of protection, affirmative covenants, and staring at police officers.

By E. Leo Milonas and Andrew C. Smith

22 minute read

January 25, 2016 | New York Law Journal

In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith highlight some of the four departments' opinions from the busy last quarter of 2015, including holdings on secret videotaping of an independent medical examination, when a "wrongful birth" claim accrues, when the fiduciary exception to the attorney-client privilege applies in the corporate context, and more.

By E. Leo Milonas and Andrew C. Smith

12 minute read

October 16, 2015 | New York Law Journal

In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith summarize significant decisions involving at-will employment, sentencing, apportionment of damages, conversion and unjust enrichment, new DMV rules on drunken driving, due process for civil confinement of sex offenders and more.

By E. Leo Milonas and Andrew C. Smith

11 minute read