William T. Russell, Jr.

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

February 15, 2022 | New York Law Journal

In 'People v. Wilkins', the Court of Appeals considered whether a defendant can retroactively waive his right to be present at a sidebar conference where the trial court questions a prospective juror concerning issues of potential bias or hostility.

By Linton Mann III and William T. Russell Jr.

7 minute read

January 18, 2022 | New York Law Journal

In 'Estate of Kainer, et al. v. UBS AG et al.', the court affirmed the dismissal of a case on forum non conveniens grounds and, in doing so, reaffirmed that forum non conveniens motions are subject to the broad discretion of the trial court.

By Linton Mann III and William T. Russell Jr.

7 minute read

December 14, 2021 | New York Law Journal

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. examine a recent decision in which the court reaffirmed that expert testimony may be admitted regarding the factors associated with false confessions and that the admissibility of such testimony should be left to the discretion of the trial court.

By Linton Mann III and William T. Russell Jr.

11 minute read

November 16, 2021 | New York Law Journal

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Adar Bays v. GeneSys ID,' where the court recently clarified the application of state usury laws to corporations and to stock conversion options.

By Linton Mann III and William T. Russell Jr.

6 minute read

October 19, 2021 | New York Law Journal

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Aybar v. Aybar,' where the Court of Appeals considered whether a foreign corporation consents to general jurisdiction by New York courts when the corporation registers to do business and designates a local agent for service of process in New York in accordance with the requirements of New York's Business Corporation Law.

By Linton Mann III and William T. Russell Jr.

9 minute read

July 20, 2021 | New York Law Journal

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Simmons v. Trans Express,' where the court clarified the extent to which a small claims judgment will have preclusive effect in subsequent actions and also addressed the difference between res judicata and collateral estoppel—an issue that has plagued generations of first-year law students.

By Linton Mann III and William T. Russell Jr.

6 minute read

June 15, 2021 | New York Law Journal

In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss Himmelstein v. Matthew Bender & Co., where the court recently considered the scope of the General Business Law's prohibition of deceptive acts or practices in a case against legal publisher Matthew Bender & Company.

By Linton Mann III and William T. Russell Jr.

8 minute read

May 18, 2021 | New York Law Journal

The Court of Appeals recently considered a unique provision of the New York State Constitution—the "Forever Wild" provision—in a case involving the construction of 27 miles of snowmobile trails in the Adirondack State Park. In their Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss the case and how the The majority/dissent split in it illustrates the problem created by unfilled vacancies on the court.

By Linton Mann III and William T. Russell Jr.

7 minute read