Linton Mann Iii

May 16, 2023 | New York Law Journal

The Court of Appeals last month affirmed an Appellate Division, Second Department decision and held that taxicab companies could not sue the city of New York (NYC) and the Taxi and Limousine Commission (TLC) for the diminished value of their taxicab medallions because the TLC never promised to take steps to protect the value of the medallions.

By Linton Mann III and William T. Russell Jr.

8 minute read

April 18, 2023 | New York Law Journal

In their New York Court of Appeals Roundup, Neuner and Russell review the six-member Court of Appeals' recent 4-2 decision in which the court reversed the conviction of a criminal defendant in light of the People's largely unexplained four-year delay in filing an indictment.

By Linton Mann III and William T. Russell Jr.

8 minute read

March 14, 2023 | New York Law Journal

The Court of Appeals last month reversed a divided Appellate Division, Third Department and held that a nondomiciliary's actions in New York were sufficient to establish personal jurisdiction pursuant to New York's long-arm statute.

By Linton Mann III and William T. Russell Jr.

8 minute read

December 20, 2022 | New York Law Journal

In a unanimous decision in 'Worthy Lending v. New Style Contactors', written by Judge Rowan D. Wilson, the Court held that the holder of a presently exercisable security interest in a debtor's receivables is included within the ambit of an "assignee" entitled under UCC 9-406 to receive payments directly from an account debtor after providing the account debtor with notice of the assignment.

By Linton Mann III and William T. Russell Jr.

7 minute read

November 15, 2022 | New York Law Journal

The Court of Appeals ruled last month that language in a contract must be express and "unmistakably clear" in order to evince the parties' intent to indemnify each other for attorney fees in an action between the parties.

By Linton Mann III and William T. Russell Jr.

6 minute read

July 19, 2022 | New York Law Journal

In 'Matter of Nonhuman Rights Project v. Breheny', a five-judge majority lead by the Chief Judge determined that writs of habeas corpus only protect the liberty rights of human beings and are not available to animals regardless of their respective level of functional intelligence.

By Linton Mann III and William T. Russell Jr.

7 minute read

June 14, 2022 | New York Law Journal

In a unanimous opinion written by Judge Madeline Singas, the court held that the trial court deprived the defendant of his constitutional right to present a defense by precluding certain evidence offered by the defendant in support of his justification defense.

By Linton Mann III and William T. Russell Jr.

8 minute read

May 17, 2022 | New York Law Journal

The court 'People v. Wakefield' found that the trial court had properly admitted DNA evidence generated by the TrueAllele Casework System even though the defense had not been provided with the underlying source code for the software utilized by TrueAllele.

By Linton Mann III and William T. Russell Jr.

8 minute read

April 19, 2022 | New York Law Journal

In 'Ferreira v. City of Binghamton', the New York Court of Appeals answered a certified question from the Second Circuit concerning the showing that a plaintiff must make in order to hold a municipality liable when its police force negligently plans and executes a no-knock search warrant.

By Linton Mann III and William T. Russell Jr.

10 minute read

March 15, 2022 | New York Law Journal

The Court of Appeals in 'Matter of Endara-Caicedo v. NYS Department of Motor Vehicles' recently addressed the circumstances in which a motorist will be subject to revocation of her driver's license for refusing to submit to a chemical blood alcohol test. The majority held that a motorist cannot avoid revocation even when the request to submit to a test takes place more than two hours after the arrest.

By Linton Mann III and William T. Russell Jr.

7 minute read