New York Civil Law

Blog Authors

Latest from New York Civil Law

The Appellate Division, Third Department recently addressed in Bahnuk v Countryway Ins. Co. the level of specificity necessary when an insurer seeks to disclaim coverage for bodily injury arising out of an accident. The Court held that the insurer must provide written notice of the disclaimer to both its insured and the injured party, and

New York Supreme Court Justice Thomas F. Whelan handed down his decision today granting Plaintiff New York Senator  Anthony  H. Palumbo’s motion for a declaration concerning requiring a full floor vote by the Senate on a judicial appointment to the New York Court of Appeals (Decision and Order Download). The Court ordered and declared

Today, New York Court of Appeals Clerk Lisa Le Cours wrote ) the Counsel for the Commission on Judicial Nomination indicating that (1) the Governor’s office notified the Court that the New York Senate rejected Governor Kathy Hochul’s nomination, and (2) the office of Chief Judge remains vacant. Notably, the Commission recommended six other potential

Earlier today, seemingly out-of-nowhere, the New York State Senate moved Governor Kathy Hochul’s nomination of Justice Hector LaSalle to a full vote. The Senate rejected the Governor’s nominee, with 39 senators voting against Justice LaSalle and 20 voting in his favor. Perhaps the looming hearing of an Order to Show Cause (Download signed OTSC)

Gerber Ciano Kelly Brady LLC’s Brendan Fitzpatrick reports on the recent development on the proposed “Grieving Families Act” in New York:
New York’s Governor Kathy Hochul vetoed the “Grieving Families Act” (Senate Bill S74A), which would have amended New York’s wrongful-death statute. According to the Governor’s veto, the proposed bill would have

The plaintiff or defendant in your case destroyed a piece of evidence you deem essential to your case. You liken the spoliation to Arthur Andersen shredding documents for Enron and seek the ultimate sanction of dismissal of the case (plaintiff’s spoliation) or striking the answer (defendant’s spoliation). New York courts have a different idea, though.


The New York Commission on Judicial Nomination has named the following seven candidates for the position of Chief Judge of the New York Court of Appeals:
New York Court of Appeals Acting Chief Judge Anthony Cannataro;
Yale Law School Professor of Law Abbe Gluck
Presiding Justice of the Appellate Division, Second Judicial Department,