November 04, 2005 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, review recent Court of Appeals decisions, including one that reiterates the criteria zoning officials may consider in weighing religious institutions' expansion proposals, and another holding that banks may not reduce by contract the one-year statute of repose under the Uniform Commercial Code for a client to give notice of the bank's error.
By Roy L. Reardon and Mary Elizabeth McGarry
12 minute read
December 10, 2009 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze recent decisions of note involving the state's exercise of its power of eminent domain for the Atlantic Yards project, as well as whether petitioners who first challenged the state's determination in federal court could then appeal the determination to the Appellate Division, challenges to two directives by executive and county officials that recognized same-sex marriages performed out of state for the purpose of making certain benefits available to the same-sex spouses of public employees, and standing to challenge development on environmental impact grounds and the standard for judicial review of government assessments of the impact of rezoning.
By Roy L. Reardon and Mary Elizabeth McGarry
14 minute read
November 06, 2008 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that the Court of Appeals' decision in People v. Kozlowski, contains an interesting discussion of corporate internal investigations, cooperation with law enforcement authorities, privileges potentially applicable to material generated by counsel in conducting internal investigations, and waiver. The opinion also discusses, without resolving, an Apprendi issue. They discuss that decision, as well as the decision in a case involving expulsion of an Episcopal parish from the Diocese of Rochester and the ensuing battle over entitlement to church property.
By Roy L. Reardon and Mary Elizabeth McGarry
12 minute read
July 20, 2011 | New York Law Journal
Internet Service Provider Immunity, Challenge to Insurer TransactionIn their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry review the Court's recent decisions in cases involving blog operators who allegedly not only displayed an anonymous posting but also moved it to a more prominent area and added mocking headlines, and whether policyholders objecting to a transaction approved by the Insurance Superintendent may challenge it outside of an Article 78 proceeding.
By Roy L. Reardon and Mary Elizabeth McGarry
14 minute read
August 10, 2006 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, analyze recent headline-spawning cases and look at the future of the bench as the term of Judge George Bundy Smith comes to a close.
By Roy L. Reardon and Mary Elizabeth McGarry
14 minute read
October 19, 2007 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that Court followers will be watching for the decision in the Court's first capital punishment case since the Court has undergone a significant change in its composition, and to see if, as is widely anticipated, Governor Eliot Spitzer will reappoint Associate Justice Carmen Beauchamp Ciparick to the Court.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
April 10, 2008 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, review recent cases in which the Court granted summary judgment in a products liability case despite the unavailability of the product at issue, agreed that probable cause and a warrant are required for a manual cavity search, even to remove an object observed during a visual cavity search, and acquitted, perhaps wrongly, Scooter the Dog.
By Roy L. Reardon and Mary Elizabeth McGarry
12 minute read
July 08, 2005 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett LLP, analyze two recent opinions and review rule changes for practitioners appearing before the court that go into effect September 1.
By Roy L. Reardon And Mary Elizabeth McGarry
11 minute read
July 13, 2007 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that last month, the the Court of Appeals addressed the state comptroller's authority to supervise the accounts of public corporations and the application of the "continuous representation" doctrine to accounting malpractice claims. The Court also found that the People's failure to specify when, during the seven-month period alleged in the information, the accused's conduct took place violated his constitutional rights.
By Roy L. Reardon and Mary Elizabeth McGarry
8 minute read
July 08, 2004 | New York Law Journal
New York Court of Appeals RoundupRoy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze three recent rulings concerning the calculation of child support, summary judgment motions made after the CPLR's deadline, and whether a formal vote of 12 grand jurors not to indict is necessary for dismissal of criminal charges.
By Roy L. Reardon and Mary Elizabeth McGarry
11 minute read
Trending Stories