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New York Court of Appeals Roundup
Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that the attachment of a GPS device to a vehicle without a warrant constitutes an illegal search under the New York state constitution. In another case, they report that the High Court reversed a decision granting summary judgment to the defendant in a product liability case, finding a genuine issue of material fact as to whether a product sold without an optional safety feature was defectively designed.Pet Issues Revisited: Questions Raised on Support Pets
In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel of Stroock & Stroock & Lavan write: While boards have little difficulty granting waivers of "no-pet" rules to blind individuals who require seeing-eye service dogs, boards do not always know how to respond to owners who claim to have impairments or conditions that require a pet in order to enjoy the use of their apartment. Further, courts and administrative tribunals have given conflicting messages as to what an owner must establish in order to keep a support pet.Banco Popular North America v. Gandi et al,
When viewed under the indulgent standards of Printing Mart v. Sharp Electronics, plaintiff's allegation that defendant-attorney advised a client who was indebted to plaintiff to transfer his assets to his wife to defeat the rights of his creditors and assisted in the transfer by preparing the deeds contained a fundament of a claim for creditor fraud, and plaintiff's allegations of creditor fraud, civil conspiracy, and his claim against defendant's law firm and partners are reinstated; however, theTrending Stories
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