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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 [...]

Here’s what has been happening in New York’s appellate courts over the past week.Appellate Division, First DepartmentSouthern Advanced Materials, LLC v Abrams, 2023 NY Slip Op 04704 (1st Dept Sept. 21, 2023)Corporate Law, ContractsIssue: May the acquisition of a limited liability company, which was structured as a sale of 100 percent of the membership interests in the target company, be characterized as a dissolution of the company under the terms of its operating agreement, which [...]

Welcome to a new iteration of NYSBA’s CasePrepPlus newsletter, an exclusive and valuable benefit of NYSBA membership! My name is Rob Rosborough, and I’m honored to be the new editor of this great service that tries to help you stay up to date with what’s happening in New York’s appellate courts.  I’m a partner with Whiteman Osterman & Hanna LLP in Albany, a member of NYSBA’s Committee on Courts of Appellate Jurisdiction, and focus my practice [...]