All civil judicial proceedings must be in the form of an action – unless otherwise authorized by statute, i.e. in the form of a special proceeding (see CPLR 103[b]). While most lawsuits are brought solely in the form of either
Actual Innocence and Legal Malpractice Claims Against Defenders
Poquee v Wheldon 2024 NY Slip Op 51245(U) Decided on September 5, 2024 Supreme Court, Albany County, Hartman, J., restates the well settled (and perhaps unfair) rule that a criminal defendant has no good claim against the defense attorney absent
Graduation Day
The New York Commission on Judicial Conduct has recommended the removal of a state Supreme Court justiceRespondent, Erin P. Gall, a Justice of the Supreme Court, Fifth Judicial District, Oneida County, was served with a Formal Written Complaint (“Complaint”) dated
Prehearing Letter from ALJ
I recently had a disability case with a judge from the Albany hearing office. That judge sends out a letter 30 days before a scheduled hearing setting his expectations for evidence at the hearing. I really liked the letter. It
Judiciary Law 487 Not Well Suited to Attorney Fee Claims
Salus v Berke 2023 NY Slip Op 06183 [221 AD3d 1390] November 30, 2023 Appellate Division, Third Department is a case in which Plaintiff claims that the lawfirm took a fee on a recovery for which there should have been
One Last Try
Colucci v Rzepka 2024 NY Slip Op 01232 Decided on March 7, 2024 Appellate Division, Third Department is Plaintiff’s last try to avoid dismissal. The AD simply finds that this appeal (probably from the final judgment) raises no new issues
Proposed New York Legislation Targets NDA Terms in Settlement Agreements
Among a slew of pending employment-related bills awaiting Governor Hochul’s consideration is one that, if enacted, would bar settlements of harassment and/or discrimination claims from:
- including any terms or conditions requiring a plaintiff to pay liquidated damages for violating a
Prof. Carla Spivack moves from Oklahoma City to Albany Law School
Here is the announcement from Albany Law School: A proud graduate of Amherst Regional High School, Professor Spivack received her Bachelor’s from Princeton University, her J.D. from New York University School of Law, and her Ph.D from Boston College. Between…
Prof. Carla Spivack moves from Oklahoma City to Albany Law School
Here is the announcement from Albany Law School:A proud graduate of Amherst Regional High School, Professor Spivack received her Bachelor’s from Princeton University, her J.D. from New York University School of Law, and her Ph.D from Boston College. Between
New York Senate Approves Broad Non-Compete Ban
New York employers take note! The NY State Senate just passed a bill proposing a ban on employee non-competes in New York. The bill still must pass in the NY State Assembly and be signed by the Governor before it