April 25, 2016 | New York Law Journal
Court Vacates Family Court Ruling Treating Fetus as a ChildA unanimous First Department panel said Thursday that even though the appeal was moot, rulings of Family Court Judge Stewart Weinstein that a fetus is a "child" under New York's Family Court Act had to be dropped because they "may spawn legal consequences or be cited as precedent."
By Ben Bedell
17 minute read
April 25, 2016 | New York Law Journal
Hearing Denied to Conn. Lawyer Convicted of FraudAn attorney convicted on federal mortgage fraud charges lost her bid to escape disbarment Thursday when the First Department denied her request to hold a hearing on her case after she is released from prison.
By Ben Bedell
4 minute read
April 21, 2016 | New York Law Journal
Judge Refuses to Enjoin Camera Ban From 'Forum'A Nassau County judge has refused to enjoin a local school board and superintendent from barring news cameras from a meeting that was open to the public.
By Ben Bedell
9 minute read
April 21, 2016 | New York Law Journal
Panel Says Judge Was Wrong to Postpone License FeeThe owners of a TriBeCa penthouse were entitled to be paid at the same time they lost the use of their terrace, which had a sunken hot tub and outdoor kitchen, due to renovation of the adjacent building, the First Department said Tuesday.
By Ben Bedell
4 minute read
April 20, 2016 | New York Law Journal
Panel Finds Evidence in Gun Case 'Lacked Probative Value'A Manhattan appeals court reversed the gun possession convictions of two Harlem men Tuesday, saying the trial court had improperly admitted photos of the defendants holding guns and a Facebook message boasting about gun incidents.
By Ben Bedell
9 minute read
April 19, 2016 | New York Law Journal
Landlord Ordered to Pay Costs of Litigation After 'Bad Faith'A federal judge has held that a Bronx landlord "perpetrated a fraud on the court" in claiming a cell phone company's roof antenna had damaged his rental building and ordered him to pay the litigation costs incurred by T-Mobile and co-defendant Skyline Steel Fabricators & Erectors, along with an equal amount to the court.
By Ben Bedell
8 minute read
April 19, 2016 | New York Law Journal
Attorney Threatened With Disbarment Resigns InsteadAn attorney threatened with disbarment for practicing while suspended has chosen to resign, the First Department said Tuesday in a ruling accepting his resignation.
By Ben Bedell
4 minute read
April 18, 2016 | New York Law Journal
Attorney Resigns After Admitting Affair With ClientThe First Department has accepted the resignation of an attorney who acknowledged he had "engaged in one isolated and consensual improper personal encounter" with a woman he was representing in a matrimonial proceeding.
By Ben Bedell
4 minute read
April 15, 2016 | New York Law Journal
Shareholder Suit Proceeds Against Winged Foot Golf ClubA federal judge has refused to dismiss a suit against the famed Winged Foot Golf Club alleging fraudulent conduct in its treatment of shareholders of a for-profit holding company that owns the 280-acre Westchester property.
By Ben Bedell
20 minute read
April 15, 2016 | New York Law Journal
Workers' Comp Amendment Found UnconstitutionalThe First Department nullified a 2013 amendment to New York Workers' Compensation Law that was challenged by the insurance industry because it retroactively imposed an additional $62 million in liabilities under the state-mandated coverage.
By Ben Bedell
6 minute read
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