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Let’s take a look what has been happening in New York’s appellate courts over the past week. Appellate Division, First DepartmentKeilitz v Light Tower Fiber N.Y., Inc., 2023 NY Slip Op 05661 (1st Dept Nov. 09, 2023)Construction Law, Labor Law § 240Issue:  Is pulling fiber optic cables underground through existing conduit “altering” work to qualify for protection under Labor Law § 240 where it part of a larger project, and can an object falling from [...]

It’s Freedom of Information Law week here at the CasePrepPlus newsletter.  This week, we have two cases, one from the First Department and one from the Second Department, that address the scope of what public records must and can’t be disclosed, whether a municipality’s public website on which records are posted is enough to satisfy its production obligations, and how far an agency must go before simply denying a FOIL request as unduly burdensome. Let’s take a look [...]

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 [...]

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 [...]