LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, TAX LAW
• In the Matter of Town of Rye v. NY State Bd. of Real Property Servs.

BANKING LAW, CIVIL PROCEDURE, DEBT COLLECTION, INTERNATIONAL LAW, JUDGMENT ENFORCEMENT
• Byblos Bank Europe, S.A. v. Sekerbank Turk Anonym Syrketi

CRIMINAL LAW & PROCEDURE, EVIDENCE
• People v. White

EDUCATION LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
• Swiderska v. New York Univ.

GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, REMEDIES
• McCurdy v. New York

INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
• Fleming v. Graham

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, TAX LAW
In the Matter of Town of Rye v. NY State Bd. of Real Property Servs., No. 23
Dismissal of an action brought by a town and taxpayers challenging defendant-Board's decision not to establish a segment-special equalization rate for the city is affirmed primarily where: 1) section 1218 of Real Property Tax Law expressly limits those entitled to seek judicial review to directly affected municipalities whose own "rate or rates" were established by the Board; and 2) neither town nor individual taxpayers fell within that class of parties. Read more...

BANKING LAW, CIVIL PROCEDURE, DEBT COLLECTION, INTERNATIONAL LAW, JUDGMENT ENFORCEMENT
Byblos Bank Europe, S.A. v. Sekerbank Turk Anonym Syrketi, No. 39
In a judgment enforcement proceeding, judgment below is affirmed where the Supreme Court properly exercised its discretion under CPLR 5304(b)(5) in denying the recognition of a Belgian judgment which: 1) disregarded and conflicted with a previously rendered Turkish judgment; and 2) in doing so, departed from the generally-accepted principles of res judicata and comity. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
People v. White , No. 38
In circumstances which do not constitute a single continuous chain of events, Mirandized statement are admissible at trial notwithstanding a prior un-warned custodial interrogation. Read more...

EDUCATION LAW, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
Swiderska v. New York Univ., No. 107
In a Labor Law section 240(1) action arising from an injury sustained while performing part of a commercial cleaning contract, summary judgment in favor of defendant on theory that activity in which plaintiff was engaged constituted routine maintenance not covered by section 240(1) is reversed on the issue of liability as the underlying activity was comparable to one held to be encompassed within section 240(1) in Broggy v. Rockefeller Group, Inc., 8 N.Y. 3d 675 (2007). Read more...

GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, REMEDIES
McCurdy v. New York , No. 34
Proper measure of damages to award in a case where condemnor takes a temporary easement that encumbers a vacant parcel's entire highway frontage should be in line with the formula set out in Village of Highland Falls v. State of New York, 44 N.Y.2d 505 (1978). Read more...

INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
Fleming v. Graham , No. 41
An employee who sustained multiple facial injuries resulting in scars on his forehead and right upper eyelid during a work-related car accident did not sustain a "permanent and severe facial disfigurement" for purposes of qualifying as a "grave injury" under Workers' Compensation Law section 11 as: 1) "permanency" is negated by defendant's expert reports indicating revisions were possible; and 2) resulting injuries did not rise to the level of "severe" disfigurement. Read more...