New York Civil Law

Appellate Division, First Department Decides Case Regarding Emails within Settlement Context

In a holding I have not seen before, the Appellate Division, First Department held in Williamson v.Delsener that email exchanges between the plaintiff and defendant satisfied the statute of frauds and indicated that the parties agreed to settle the matter.  The Court reasoned that the emails between the parties' counsel contained the printed names and, therefore, constituted signed writings within the statute of frauds.  Also, the Court noted that the defendant's refusal to sign a general release or stipulation of discontinuance did not invalidate the settlement.

New York Court of Appeals Hears Oral Argument on Important No-Fault Issues

On February 11, 2009, the New York Court of Appeals heard oral arguments in LMK Psychological Servs. v. State Farm Mut. Auto. Ins. Co., addressing two important issues regarding New York's No-Fault Law.  I attended the oral argument; however, I wasn't as industrious as our friend Dave Gottlieb over at No-Fault Paradise.  Dave provides this play-by-play of the oral argument.

New York Chief Judge Jonathan Lippman Takes the Center Seat on the New York Court of Appeals

On February 11, 2009, the New York Senate confirmed Governor Paterson's appointment of Chief Judge Jonathan Lippman of the New York Court of Appeals.  Chief Judge Lippman sat for argument yesterday for his first day, and the Court's decisions reflected his presence on the Bench.

Here are some articles about the confirmation: this article in the New York Times, this article in the Albany Times Union, and here in the Legislative Gazette.com.

Support Your Troops -- Bunkers in Baghdad

My friend and colleague Joe Hanna created a not-for-profit corporation that collects and sends new and used golf balls, clubs, and equipment to our troops serving in Iraq and Afganistan.  The corporation is Bunkers in Baghdad.  Bunkers is a unique way to support our troops and provide a sense of connection to their civilian lives back home.

Please check out the Bunkers in Baghdad webpage and learn how you can get involved, support Bunkers, or contribute.  Read about Bunkers here and here.

New York Court of Appeals Hears Oral Argument on Certified Questions Concerning Products Liability

Next week, the New York Court of Appeals will hear oral argument in Jaramillo v. Weyerhaeuser.  Jaramillo concerns a certified question from the United States Court of Appeals for the Second Circuit concerning whether an entity that sold a used machine can be considered a "regular seller" to be held strictly liable under New York product liability jurisprudence.

NYCL will keep you apprised of the decision that will likely be handed down next month.

Disclosure: The firm for which I work is involved in this litigation.