New York Legal Update

Latest from New York Legal Update

June 10, 2009

When someone voluntarily engages in sporting events or athletic activities, the primary assumption of risk doctrine will bar a personal injury lawsuit to recover for injuries sustained from conduct or conditions which are inherent in that activity. An interesting case

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New York Legal Update

Sex With The Priest – No Breach of Fiduciary Duty

By Angelo Carosio

March 31, 2009

If a priest has sexual relations with a congregant, can the congregant assert some claim of breach of fiduciary duty against the priest?Last year the Court of Appeals in Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue

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New York Legal Update

Third Department Limits Assumption of Risk Doctrine

By Angelo Carosio

March 10, 2009

The primary assumption of risk doctrine provides that those who engage in sporting or recreational activities consent to the commonly appreciated risks which are inherent in and arise out of the nature of that sport or activity. It thus acts

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New York Legal Update

Estate Not Entitled to Son’s Frozen Sperm

By Angelo Carosio

March 4, 2009

Let’s say you want to freeze some of your sperm for future use. What happens to these sperm after you die? Does your estate have a right to that sperm? The First Department was faced with this interesting question yesterday

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New York Legal Update

Defendant Need Not Be Present For Pronouncement Of Mandatory Surcharge And Crime Victim Assistance Fee

By Angelo Carosio

February 20, 2009

A criminal defendant has a right to be personally present at the time his “sentence” is pronounced (Criminal Procedure Law 380.40). But what exactly comprises a defendant’s “sentence?”The Court of Appeals answered an aspect of this question yesterday in People

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New York Legal Update

Even Non-Sex Offenders Can Be Required To Register As “Sex Offenders”

By Angelo Carosio

February 18, 2009

New York’s Sex Offender Registration Act (SORA) (Corrections Law § 168-a et seq.) defines a “sex offender” as any person who is convicted of certain enumerated offenses. These offenses of course include offenses one typically thinks of as sex offenses

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New York Legal Update

Jehovah Witness Building Must Pay NYC Water And Sewer Charges

By Angelo Carosio

October 29, 2008

Some organizations within the City of New York have a unusual benefit – they are exempted from having to pay for water and sewer charges. Religious organizations are entitled to the benefit if the water and sewerage they use is

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New York Legal Update

Bianca Jagger Can’t Get No Rent Control Satisfaction

By Angelo Carosio

October 24, 2008

Beware you jet setting, international, super celebrities. Your days in your New York rent controlled or stabilized apartments may be numbered. This is the implication of the Court of Appeals’ decision yesterday in Katz Park Ave. Corp. v Jagger,

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New York Legal Update

Sex, Cohabitation, Divorce, And Spousal Support

By Angelo Carosio

October 23, 2008

It is somewhat common in divorces for the parties to reach an agreement regarding spousal support. Tuesday’s decision by the Court of Appeal in Graev v Graev, 2008 NY Slip Op 0794 should give a warning to parties entering

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New York Legal Update

Challenge to Dormancy Fees Of Gifts Cards Survives

By Angelo Carosio

October 21, 2008

We all love receiving Gift Cards. Let’s face it, we’d much rather get the stuff we want rather than those ugly sweaters and hideous candlestick holders. But there is one problem. After getting those gift cards, we stick them in

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