In this month’s column, we first address the status of the current vacancies on the Court of Appeals. We then discuss a case in which the court determined the Attorney General has sufficiently alleged tax fraud claims against a wireless telecommunications service provider and a case in which the court found a law firm was entitled to summary judgment on a malpractice claim arising from its mortgage securitization advice. We also discuss three companion cases in which the court elaborated on the standard for granting summary judgment in slip-and-fall cases.
Composition of the Court
Since the retirement of Judge Susan Phillips Read on Aug. 24, 2015, the New York Court of Appeals has been sitting with only six members—five Associate Judges and Chief Judge Jonathan Lippman. The Commission on Judicial Nomination, chaired by the former Chief Judge of the Court, Judith S. Kaye, is charged with the evaluation and recommendation to the governor of candidates to fill vacancies on the court. In connection with the upcoming vacancy created by the retirement of Chief Judge Lippman as of Dec. 31, 2015, the commission provided the governor with seven nominees on Oct. 15, 2015.
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