New York Law Journal | Analysis
By Joshua Kelner | May 1, 2018
The ultimate effect of 'Rodriguez' is to make the rules applicable to summary judgment consistent with those that have been followed at trial since the enactment of Article 14-A. A plaintiff's comparative negligence does not, either on motion practice or at trial, prevent recognition of his right of recovery from the defendant.
By Scott. E. Mollen | May 1, 2018
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "Champagne v. Piller," "W. Haverstraw Pres. v. Diaz," and "Kuzmich v. 50 Murray St. Acquisition."
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | May 1, 2018
In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel, the attorney who successfully argued 'Altman v. 285 West Fourth LLC' in the Court of Appeals on behalf of the landlord, discuss the landmark case, which restored the pre-Altman state of the law and reversed a 2015 decision that effectively re-regulated thousands of deregulated apartments.
By Lawrence K. Marks, Chief Administrative Judge, New York State Unified Court System | April 30, 2018
Separation of powers was designed to bind governmental authority by creating tension among the branches, with each limiting the others. Nevertheless, to accomplish important goals and necessary reforms, the three branches of government frequently must collaborate and support one another to be successful.
New York Law Journal | Analysis
By Martin A. Schwartz | April 30, 2018
In his Section 1983 Litigation column, Martin A. Schwartz analyzes “custom or practice” municipal liability. He explains the importance of this issue, explores the meaning of “custom and practice,” and identifies the types of evidence that may be admissible to prove a municipal custom or practice.
New York Law Journal | Analysis
By Joseph E. Bachelder III | April 30, 2018
Executive Compensation columnist Joseph E. Bachelder III discusses a number of unique features of the option grant to Tesla's Elon Musk.
New York Law Journal | Analysis
By Mark A. Berman | April 30, 2018
In his State E-Discovery columns, Mark A. Berman discusses a case addressing voicemail evidence, two cases on spoliation, and a decision that highlights that careful reviews need to be made to determine whether particular ESI fails within the protections of the work product doctrine.
New York Law Journal | Analysis
By David P. Miranda | April 30, 2018
After years of litigation between two of the industry's largest technology companies, the U.S. Court of Appeals for the Federal Circuit has rendered a decision in 'Oracle America v. Google'.
New York Law Journal | Analysis
By Brian J. Shoot | April 27, 2018
In his Construction Accident Litigation column, Brian J. Shoot discusses four rulings that were rendered over Appellate Division dissents, including one 4 to 1 ruling that was afterwards affirmed by the Court of Appeals.
New York Law Journal | Analysis
By Sidney Kess | April 27, 2018
In his Tax Tips column, Sidney Kess explains that as a result of the Tax Cuts and Jobs Act, many write-offs are now missing from 2018 returns, and he offers a roundup of the deductions that have been deleted - some temporarily and some permanently.
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