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George M Heymann

George M Heymann

October 22, 2019 | New York Law Journal

Book Review: 'Five Chiefs: A Supreme Court Memoir'

An interesting, often humorous, retrospective of the Supreme Court, based on over three decades of first hand knowledge and experience, I believe this is a worthwhile read for anyone interested in the law and the inner workings of the highest court in our judicial system.

By George M. Heymann

13 minute read

August 19, 2019 | New York Law Journal

Richard Nixon's Climb to Redemption in the Two Decades After Watergate

It is a poignant story of a person with many flaws who quickly rose to power, was left for dead politically, rose up to reach the pinnacle of success, losing it all and now seeking to fight his way back into the good graces of his fellow citizens.

By George M. Heymann

11 minute read

May 08, 2019 | New York Law Journal

Should the 'Vicious Propensities' Rule Allow a Property Owner To Escape Liability for Injuries Caused by a Domestic Animal Owned by a Third Party?

What is the liability of the landowner who is not the owner of the domestic animal that caused injury to another on the property, and there is no proof that such landowner had prior knowledge of the animal's vicious propensities?

By George M. Heymann and Matthew J. Kaiser

13 minute read

March 25, 2019 | New York Law Journal

Persona 'Nun' Grata: Separation of Church and State

It would behoove the Court of Appeals to reverse the Second Department's decision in 'Russian Orthodox Convent Novo-Diveevo v. Sukharevskaya'.

By George M. Heymann

8 minute read

November 14, 2018 | New York Law Journal

Deregulation of Rent Regulated Apartments

With the Democrats poised to take control of the State Senate in January 2019, coupled with a Democratic Assembly, major changes regarding rent regulated apartments will be in the pipeline.

By George M. Heymann

15 minute read

July 31, 2018 | New York Law Journal

Full or Partial Eviction: A Distinction Without Difference

Police found a bedroom with the door open and “observed a clear plastic container with five bullets inside… a gun cleaning kit on the floor in front of the bed and a black hard plastic case,” which contained four handguns inside.

By George M. Heymann

1 minute read

May 31, 2018 | New York Law Journal

New York's Scaffold Law: A 'Defining' Moment

George M. Heymann, retired judge of the NYC Housing Court and of counsel to Finz & Finz writes: The Legislature should take a serious look at the “Scaffold Law” and either amend it or rewrite it from scratch to avoid the frustration and confusion it has created for the courts, the litigators and their clients since its inception.

By George M. Heymann

12 minute read

August 01, 2017 | New York Law Journal

Is The Scaffold Law's 'Strict Liability' Taking a 'Step' Down?

George M. Heymann writes: 'O'Brien v. Port Authority' appears to be an outlier among the numerous Court of Appeals decisions on the Scaffold Law. Although the majority notes that this case is one of limited application, because the staircase at issue was immovable and not subject to collapsing as are other protective devices, its determination that defendants' expert raised questions of fact sufficient to defeat a motion for summary judgment may have the unintended effect of opening a floodgate of defense experts in subsequent Labor Law §240(1) cases

By George M. Heymann

21 minute read

August 01, 2017 | New York Law Journal

'The Greatest Day of My Life': A Human Interest Memoir

This easy to read memoir, of a fascinating success story, holds your interest on every page.

By George M. Heymann

9 minute read

June 12, 2017 | New York Law Journal

'On Constraint', the 'Vicious Propensities' Rule Continues

George M. Heymann writes: How often have trial judges been confronted with a rule of law that seems out of touch with the realities of the facts before them but are "constrained" to abide by it because of appellate court decisions. One such situation is the ongoing debate regarding the strict liability "vicious propensities" rule with respect to injuries caused by domestic animals, as a direct result of the owner's conduct, which prohibits recovery on the theory of negligence.

By George M. Heymann

23 minute read