April 29, 2024 | New York Law Journal
What a Recent Labor Law §240(1) Decision Teaches Us About Stare DecisisThis article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
By William Ramos Vázquez
12 minute read
July 28, 2022 | New York Law Journal
Co-op and Condo RPTL 467-a Tax Abatement and the Primary Resident RequirementThe legislature appears to be satisfied with the DOF's application of RPTL 467-a's Primary Resident Tax Abatement to individuals (and statutorily mandated limited trusts), and that only one of several owners of a single cooperative or condominium must meet the primary resident requirement to qualify for the tax abatement. This is a commonsense approach that considers the realities of the current transitional world.
By William Ramos
9 minute read
March 18, 2022 | New York Law Journal
'People v. Lashley': The Illegal Sentence Exception to the Preservation RequirementThis article aims to clarify the impact of 'Lashley' on the illegal sentence exception to the preservation requirement where there is a claim of illegal predicate felon adjudication.
By William Ramos
17 minute read
August 05, 2021 | New York Law Journal
Appellate Division Renewal Motions Based on a Change in the LawAn Appellate Division renewal motion based on a change in the law is a very useful appellate remedy available to practitioners to obtain relief when a change in the law may affect a prior adverse appellate ruling.
By William Ramos
12 minute read
December 15, 2014 | New York Law Journal
Freedman Defined a Good JudgeWe, at the Appellate Division, First Department, are definitively going to miss Justice Helen Freeman's legal dexterity and most of all her humanity.
By William Ramos
1 minute read
January 07, 2013 | New York Law Journal
The First Department's Battle With Stare DecisisWilliam Ramos, a court attorney for the Appellate Division, First Department, analyzes the court's approach to a highly contentious issue, whether in a negligence action a court may grant a plaintiff summary judgment on liability in a factual scenario establishing the defendant's negligence but also raising issues of fact as to the plaintiff's comparative fault.
By William Ramos
16 minute read
January 04, 2008 | New York Law Journal
N.Y. Policy on Contingency Fees, 'Medico-Legal Services'William Ramos, a court attorney in New York State Supreme Court, writes that a number of legal consultation organizations have been formed in recent decades, particularly to service the medical malpractice field. Usually for a contingency fee, such "medico-legal services" locate expert witnesses, help prepare the experts to testify, and consult with counsel to aid in those aspects of the lawsuit which require expert knowledge.
By William Ramos
16 minute read
September 20, 2005 | New York Law Journal
Labor Law �240(1): Construction-Site Falls, Gravity, Flat SurfacesWilliam Ramos, principal court attorney to Bronx Supreme Court Justice Dianne T. Renwick, discusses the split interpretation among the Appellate Divisions of the term "gravity-related risk" and whether a construction-site fall from a flat surface to a level below gives rise to the extraordinary protection of Labor Law �240(1).
By William Ramos
11 minute read
August 12, 2004 | New York Law Journal
Shifting the Burden on a 90/180-Day Serious Injury ClaimWilliam Ramos, principal court attorney to Bronx Supreme Court Justice Dianne T. Renwick, asks how does a defendant meet its burden of showing that a plaintiff has not sustained a 90/180-day serious injury claim, other than a contemporaneous examination? He says the key is found in an understanding of the elements a plaintiff must establish to make out a prima facie case of such a claim.
By William Ramos
10 minute read
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