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The Court of Appeals is back for its first opinions of the 2023-24 term, all from the September argument session.  Let’s take a look at some of those, and what else has been happening in New York’s appellate courts over the past week. Court of AppealsNitkewicz v Lincoln Life & Annuity Co. of N.Y., 2023 NY Slip Op 05302 (NY Ct App Oct. 19, 2023)Insurance LawIssue: Does Insurance Law § 3203 (a) (2), which requires insurers to refund a portion of a life insurance [...]

On July 25, 2023, EPA announced proposed amendments to the Air Emissions Reporting Requirements (AERR) rule.  In a change, the proposal includes mandatory reporting of hazardous air pollutants (HAPs). Currently, New York requires some HAP reporting, but the proposal would expand this. See 6 NYCRR 202-2.3 (c)(9). The proposed rule was published in the Federal Register on August 9, 2023.[i]  The public comment period has been extended twice, and now until November 17, 2023.The AERR rule [...]

Here’s what has been happening in New York’s appellate courts over the past week.Appellate Division, First DepartmentMatter of NYP Holdings, Inc. v New York City Police Dept., 2023 NY Slip Op 05193 (1st Dept Oct. 12, 2023)FOIL, Article 78, Attorneys’ FeesIssue: Do the Legislature’s 2020 amendments to Civil Rights Law § 50-a to remove confidentiality protection from police personnel records apply retroactively to require disclosure of records created before the [...]

Here’s what has been happening in New York’s appellate courts over the past week.Appellate Division, First DepartmentMatter of Hogue v Board of Educ. of the City Sch. Dist. of the City of N.Y., 2023 NY Slip Op 04927 (1st Dept Oct. 03, 2023)Constitutional Law, CPLR Article 78Issue: Was it arbitrary for the City of New York Reasonable Accommodation Appeals Panel to deny the petitioner’s request for a religious exemption from the New York City Department of Education’s [...]

Here’s what has been happening in New York’s appellate courts over the past week.Appellate Division, First DepartmentKanayama v Kesy, LLC, 2023 NY Slip Op 04720 (1st Dept Sept. 26, 2023)TortsIssue:  May a failure to act establish the necessary intent to maintain claims for nuisance and trespass?Facts: The owners of a fifth-floor condo sued their upstairs neighbors on the sixth floor, which operated a spa in their condo, because the shower, washing machine, and toilet rooms in [...]