Joseph D Nohavicka

July 30, 2024 | New York Law Journal

Is New York ready to include pets as part of the "immediate family" class for purposes of zone of danger liability?

By Joseph D. Nohavicka

7 minute read

November 14, 2022 | New York Law Journal

Writing in clear, plain language that the party is entitled to recover attorney fees in any situation will help to avoid potential litigation.

By Joseph D. Nohavicka

8 minute read

January 04, 2022 | New York Law Journal

Bronx Criminal Court Judge Jeffrey M. Zimmerman raises a vexing philosophical and moral question penned in a recent decision where he asks, "Can a defendant be required to get vaccinated for COVID as a condition of a conditional discharge?"

By Joseph D. Nohavicka

5 minute read

December 14, 2021 | New York Law Journal

The 'Lockley' decision is a great reminder that when your hearsay objection is met with a state-of-mind counter, that's not the end of it.

By Joseph D. Nohavicka

10 minute read

April 28, 2020 | New York Law Journal

Specific procedures must be followed to remotely notarize a document and to help the public and notaries public understand the Executive Order, the New York State Department of Licensing has posted clear guidelines.

By Joseph D. Nohavicka

5 minute read

December 20, 2019 | New York Law Journal

When a prior instance of misconduct involves the immigration status of a witness, in view of the current political and societal climate on the subject, should a different standard be applied as to the limitation of a defendant's right to confront their accusers and to carve out an exception to what has been understood for decades to be professionally responsible cross-examination?

By Joseph D. Nohavicka

9 minute read

August 23, 2019 | New York Law Journal

In New York litigation practice it has been long understood that, unless against public policy, parties to a civil dispute are free to chart their own litigation course, and they may agree on a way which a controversy will be resolved. Parties have been permitted to stipulate away statutory, and even constitutional rights. However, the U.S. Court of Appeals for the Second Circuit took umbrage recently with the procedural path chosen by the district court and approved of by litigants in 'Palin v. New York Times Co'.

By Joseph D. Nohavicka

9 minute read

February 11, 2019 | New York Law Journal

On Nov. 27, 2018, the New York Court of Appeals handed down a decision that fashions a new rule when the criminal justice system is processing a non-citizen: No matter what level crime the non-citizen is charged with, if the possible consequence is deportation he or she is entitled to a jury trial. The distilled holding is that immigration consequences transform a state “petty” offense into a “serious” offense.

By Joseph D. Nohavicka

6 minute read

July 27, 2017 | FC&S Insurance

In 2015, when the Appellate Division, First Department, handed down its decision in Burlington Insurance Company v. NYC Transit Authority, 132 A.D.3d…

By Joseph D. Nohavicka

6 minute read

July 06, 2017 | New York Law Journal

Joseph D. Nohavicka writes: In 2015, when the First Department handed down its decision in 'Burlington Insurance Company v. NYC Transit Authority', insurance law mavens noted that the court was continuing on a course of expansion of additional insured coverage. Recently, that course of expansion has reached its terminus at the Court of Appeals, which reversed the First Department by rejecting the argument that any additional insured obligation is owed under the language of the 'Burlington' endorsement at issue when the named insured is without fault.

By Joseph D. Nohavicka

12 minute read