New York Civil Law

New York Times Article on Legal Dispute Shines Light on Abuses of Law Firm Billing

The New York Times recently published this article on a legal dispute between a former client and an internation law firm. The article is less about the lawsuit and more about issues with attorneys in law firms inflating their bills. As with most articles, the comments offer some poignant points of view on the issue.

Diversity & Nominating A Judge to the New York Court of Appeals

Former Chief Judge Wachtler wrote this thoughtful piece in the Times Union about the importance of diversity of our country's judiciary. We still await New York Governor Cuomo's nomination for the next judge for the New York Court of Appeals.

New York Court of Appeals Will Hear Oral Argument Today Re: Whether Verified Pleading Suffices to Raise Issue of Fact on Summary Judgment

The New York Court of Appeals will hear oral argument today in Sanchez v. Nat'l R.R. Passenger Corp., among other appeals (here is the summary). The case addresses an interesting issue concerning evidentiary proof in a summary judgment motion. The appeal turns on when the plaintiff's accident occurred; there is a statute of limitations issue here. At her deposition, the plaintiff could not recall the exact date of her accident. An accident report places the accident at an earlier date than the date the plaintiff alleges in her verified pleadings. 

The Court will address whether, even in the face of the plaintiff's deposition testimony, her verified pleading can raise a material issue of fact regarding the date when the accident occurred and, as such, when her claim accrued for statute of limitations purposes.

New York Court of Appeals Hears Oral Argument Today on CPLR article 52 Issue

The New York Court of Appeals will hear, among others, oral argument in Verizon New England Inc. v. Transcom Enhanced Servs., Inc. The case concerns nuances of enforcing a judgment in New York (see appeal summary here).

Judge Rivera's First and Second Days of Oral Arguments at the New York Court of Appeals

The New York Law Journal published this article yesterday on Judge Rivera's welcome to the New York Court of Appeals. Here is a list of the oral arguments before the Court yesterday and the arguments for today starting at 2:00 p.m.

New York's Commission on Judicial Nomination Forwards List of New York Court of Appeals Candidates

New York Governor Andrew Cuomo has the opportunity to shape the Bench of the New York Court of Appeals during his first term and, if re-elected, second term. In light of Judge Theodore Jones’ untimely death, the Governor has yet another opportunity to nominate another judge to New York’s high court.

New York’s Commission on Judicial Nomination recently forwarded its list of judicial candidates to the Governor. The candidates endorsed by the commission are:'

1. Justice Sheila Abdus-Salaam, Appellate Division, First Department;
2. Justice Eugene Fahey, Appellate Division, Fourth Department; 
3. Justice John Leventhal, Appellate Division, Second Department;                     
4. Justice Dianne Renwick, Appellate Division, First Department;                           
5. David Schulz, partner, Levine Sullivan Koch & Schulz;
6. Maria Vullo, partner, Paul, Weiss, Rifkind, Wharton & Garrison; and           
7. Rowan Wilson, partner, Cravath, Swaine & Moore.

The Governor has up to the first week of April 2013 to nominate one of the candidates.