New York Civil Law

New York Court of Appeals Accepts Certified Questions from Second Circuit on Copyright Issue

The New York Court of Appeals accepted the three certified questions from the United States Court of Appeals for the Second Circuit in Capital Records, Inc. v. Naxos America, Inc. The issues relate to common law copyright of recordings made prior to February 15, 1972. Sanford over at Second Opinions blogged about the certified questions a couple of weeks ago.

Schenectady Attorney Commences Action for Libel Based on Comments Made on Local Message Board

David at f/k/a found this fascinating story about a local colleague of mine:

Romolo Versaci , an elderly Schenectady (NY) lawyer, has filed a $100,000 defamation suit against Diane C. Richie, an unemployed social worker and widow with two children. Versaci claims -- and Richie admits -- that she called him a "so-called attorney" on a SchenectadyNY.info message board.

Here is a reprint of the article in the Schenectady Daily Gazette about the defamation suit. Notes from the (Legal) Underground also found this article interesting.

Thank you f/k/a for the links and story.

Recent New York State Insurance Department Decision Concerning Prospective Cancellation of Homeowner's Policy

The New York State Department of Insurance issued this interesting opinion concerning an insurer's cancellation notice of a homeonwer's policy to its insured within the first 60 days from the inception of the policy. The cancellation notice gave a prospective date for cancellation. During the time between the cancellation notice and the prospective date, a property loss occurred and the insurer claimed that the insured had made a material misrepresentation at the inception of the policy. The Insurance Department concluded that the New York Insurance Law did not speak to the issue and deferred to New York courts to determine if the prospective cancellation estopped the insurer from rescinding the homeowner's policy.

Time Limits for the Renewal of a "Covered Policy" - Insurance Department Opinion

"New York Civil Law" continues with its posts on the State Insurance Department's recent opinions. This recent opinion discusses the time requirements applicable to non-renewal and renewal notices of a "covered policy" as defined in Insurance Law section 3426.

The New York Court of Appeals' 2004 Election Session

Yesterday and today was the New York Court of Appeals' "Election Session," where the Court heard expedited motions for leave to appeal and appeals concerning election issues. As opposed to typical motions and appeals, election motions are argued before a panel of Court of Appeals' Judges and then the Court determines whether to grant leave (or retain the appeal in the case of an appeal as of right) or dismiss. This Election Session garnered straight denials for all motions for leave to appeal.

Election Session is one of the most exciting times I can remember during my clerkship with the Court.

The Uncivil Litigator

Check out the anonymous posts at "The Uncivil Litigator." The blawg has an appealing design and the posts are extremely candid and more in depth than the blogosphere's typical post.

Promises, Promises

In this prior post, I promised an exciting week of State Insurance Department summaries. Well the life of an associate, or better yet just a civil litigator, got the better of me this week. I apologize for the lag in posts.

Justice Austin Renders Determination on Cost of Electronic Discovery

Today's New York Law Journal reported on a Justice Austin's decision concerning who bears the cost of electronic discovery -- an issue that has little precedent in New York (see article -- Subscription Required). Justice Austin applied the rule that the requesting side bears the cost. Although the decision is not on Nassau County Supreme Court's Website yet, I am posting a Southern District of New York District Court case -- Zubulake v. UBS Warburg LLC -- that addresses similar issues.

A subsequent post will include the Supreme Court decision once it is published.

State Insurance Department Holds that An Insurer Can Require a Claimant to Provide Social Security Number on No-Fault Claims Forms

The New York State Insurance Department has issued a number of opinions in the last several days, so this week I will be featuring them. The first opinion addresses whether an insurer can require a claimant to provide his or her social security number on no-fault claims. As not to keep you in suspense, the answer is an insurer can do so.

New York Court of Appeals Will Revisit Applicable Limitations Period for Professional Malpractice

The New York Court of Appeals will hear arguments for this upcoming Term on whether a three-year statute of limiations period pursuant to CPLR 214(6) applies to a breach of contract claim that is essentially one for professional malpractice against an architectual firm. The Court granted leave to appeal in In the Matter of R.M. Kliment to determine the issue. It involves a claim against an architectual firm that it breached its contract because the plaintiff ultimately had to pay additional expenses to comply with applicable building codes after the construction had been completed.

In light of the Court's decision in Chase Scientific Research, Inc. v. NIA Group, Inc. -- which observed that architects fall within the ambit of CPLR 214(6) and held that insurance agents do not -- the Court likely address the issue concerning what constitutes a situation where an architect who has promised a specific result and created a contract subject to a six-year limitations period.