New York Court of Appeals
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Court: Post-9/11 Port Authority raises don't count for pensions
ALBANY, N.Y. (Legal Newsline) - Raises given to Port Authority of New York and New Jersey executives after the Sept. 11, 2001, terrorists attacks can’t count toward their pension benefits, New York’s highest court has ruled.
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New York comptroller may audit medical providers without written patient permission, state's high court rules
ALBANY, N.Y. (Legal Newsline) – Written permission is not required for the New York's Comptroller's Office to subpoena a medical provider's records to audit state-issued payments, the state's highest court has ruled.
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Corrections officer to get disability after prisoner fell on her
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals on Nov. 25 reversed a lower court's decision and concluded that an injury to a corrections officer while transporting a prisoner did qualify for performance-of-duty disability benefits because it was an accident and not deliberate.
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New York's highest court says no suing over malicious reporting to doctor misconduct board
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has issued a decision concerning a question from the U.S. Court of Appeals for the Second Circuit concerning whether state law creates “a private right of action for bad-faith and malicious reporting to the Office of Professional Misconduct.”
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Dismissal of lawsuit over cost of Harlem rent was premature, New York court decides
ALBANY, N.Y. (Legal Newsline) — On Oct. 22, New York’s Court of Appeals agreed that dismissing a class action against a Harlem property group and its owner was premature.
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New York's highest court reverses $1 million ruling involving death of Bobcat skid steer operator
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has reversed a lower court's ruling that found a rental center and equipment manufacturer liable for a man's death after he rented a Bobcat skid steer loader.
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Court says Ohio gun owner cannot be subjected to litigation over New York shooting
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has ruled that an Ohio gun dealer cannot be subjected to litigation in New York after a gun he sold was involved in a New York shooting.
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Ahead of talc test, NYC judge gives good news to asbestos defendants
The January 31 decision could have especially strong implications for lawsuits over talcum powder
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New York Court of Appeals: NYPD does not have to turn over department personnel records
ALBANY, N.Y. (Legal Newsline) – The state of New York Court of Appeals ruled in a Dec. 11 opinion that the New York City Police Department does not have to turn over personnel records requested by the New York Civil Liberties Union under the Freedom of Information Law (FOIL).
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Floor maker says lawyers' theories fall short in NYC asbestos case
NEW YORK (Legal Newsline) – The maker of floor tiles sued for a man’s asbestos-caused disease says all exposures to the deadly substance are not equal, using a 2015 state court decision that favored companies sued in the long-running mass tort.
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With punitive damages on the table, NYC asbestos lawyers push for $50 million in one case
NEW YORK (Legal Newsline) – A staggering amount of money is at stake as New York’s top court is asked to decide if New York City’s controversial asbestos court is treating defendants fairly.
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Court rejects appeal of companies sweating new rules in NYC's controversial asbestos docket
Asbestos defendants failed to convince New York’s highest court to intervene in a long-running fight over how the New York City asbestos court known as NYCAL does business, leaving them with few options as hundreds of lawsuits march toward trial in the plaintiff-friendly venue.
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New York's highest court rules for three-year statute of limitations in fraud case against Credit Suisse Securities
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has ruled on the statute of limitations in a fraud case filed by the state Attorney General's Office.
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Court grants authority of New York entity to begin clean-up of FMC Corp. site, recover costs
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has reversed a trial court’s decision in a dispute between the state environmental agency and a chemical manufacturing plant, paving the way for the clean up of a hazardous waste site in Niagara County.
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New York Court of Appeals reverses lower court ruling in comparable fault suit
ALBANY, N.Y. (Legal Newsline) – In a 4-3 split on April 3, the New York Court of Appeals reversed a decision from the Supreme Court of New York in what it called a perplexing issue of comparative fault in a suit by a former New York City worker who was permanently disabled while on the job.
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Chef Kyle Connaughton's case against Chipotle dismissed
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has affirmed the dismissal of a well-known chef’s case against Chipotle Bar and Grill.
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N.Y. high court says it must dismiss Facebook appeals over user information
In July 2013, a state Supreme Court issued 381 warrants directed at Facebook upon a warrant application by the New York County District Attorney’s Office. The warrants sought subscriber information and content from numerous user accounts in connection with a pending criminal investigation into allegations of widespread Social Security Disability fraud.
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N.Y. treatment facility not liable for violent actions of former resident
ALBANY, N.Y. (Legal Newsline) – The New York Court of Appeals has overturned a lower court’s decision about whether a substance-abuse treatment facility is responsible for the actions of a resident after being discharged.