New York Civil Law

Albany County Supreme Court Courthouse

This post is Part 2 of my attempt to bring you photographs of courthouses from around the StateI had the good fortune today to visit one of favorite streets in Albany, New York -- Eagle Street.  The picture to the right is the Albany County Supreme Court Courthouse.  It is undergoing quite a bit of renovation, and I am sure it is going to look great once its through.  Besides housing Albany County Supreme Court Justices, Court of Appeals Judge, Victoria Graffeo, has her "home" chambers in the courthouse also.

Since I was on Eagle Street today, I decided to take yet another photograph of my favorite courthouse in this country -- the New York Court of Appeals.  It amazes me just how many great people have walked and walk through the doors to this courthouse.  There is a pretty popular picture of Benjamin Cardozo that has him standing on these very stairs.

Recent Decision Recognizes Independent Cause of Action for Spoliation in New York

A little over two years ago, the New York Court of Appeals in MetLife Auto & Home v. Joe Basil Cheverolet, Inc. refused to recognize an independent cause of action for third-party negligent spoliation .  Justice Solomon of Supreme Court, Kings County recently wrote an extremely thoughtful opinion in Ortega v. City of New York, recognizing an independent cause of action for spoliation.

This case was riddled with unexplained issues.  The plaintiffs were severely burned when one of the plaintiffs' automobiles caught fire for an unexplained reason.  One of the plaintiffs obtained a pre-action order for the City of New York to preserve the subject automobile for inspection; however, the automobile was destroyed.  The plaintiffs commenced an action against the City based on spoliation and contempt of court.  Although Justice Solomon did not grant summary judgment in favor of either plaintiff, he recognized an independent cause of action for spoliation.  This decision provides a great overview of how the different states treat this type of cause of action and, will no doubt, be cited or distinguished in the development of this cause of action in New York.

Saratoga County Supreme Court (Courthouse Pictures, A New Feature to New York Civil Law)

Since my practice requires me to travel throughout New York State, I thought it might be nice for the readers to see all the different types of courthouses there are in the state.  To the left is the Supreme Court, Saratoga County Courthouse.  It reminds me a lot of my colleges dorms and the Orange County Government Center.  It's odd that such an historic place like Saratoga has this type of state-building architecture.  It is part of the Saratoga County Offices building, as pictured below.  This courthouse is located in Ballstown Spa, New York.  You can click on the pictures to enlarge them.

Hilarious Fake News Story About Supreme Court Justice Alito

I came across this hilarious fake news brief about Supreme Court Justice Alito entitled "Alito Keeps Telling Supreme Court How the They Did Things in Circuit Court"  in The Onion.

Extremely Interesting Article About Traveling Appellate Division Justices in New York Law Journal

Oh,  I pine for the days when the New York Law Journal used to offer its content for free on the Internet.  An article that it published yesterday is but one of the reasons why I wish the Jounal were still on-line, whether you have a subscription or not.

The article is about Governor Pataki importing 75% of his nominations for the Appellate Division, First Department from outside that geographical location -- i.e., Manhattan and the Bronx.  You can read the article here if you have a subscription.  The article is paired with another great article about the costs of having these Justices travel and stay in New York City.  The article is extremely informative, searching, and respectful.