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Articles 1 - 11 of 11

Full-Text Articles in Law

Interlocutory Appeals In New York-Time Has Come For A More Efficient Approach, David Scheffel Aug 2018

Interlocutory Appeals In New York-Time Has Come For A More Efficient Approach, David Scheffel

Pace Law Review

Currently, the appellate division must decide an enormous number of appeals every year.7 In light of this caseload crisis, New York must reevaluate its generous approach to interlocutory appeals.8 This Comment discusses how the appellate division can deal most efficiently with interlocutory appeals. Part II describes the history of interlocutory appeals in New York, since the creation of the appellate division. Part III explains how other jurisdictions treat interlocutory appeals. Part IV presents the current caseload crisis in the appellate division. Part V describes the controversy over unlimited interlocutory appealability. Part VI evaluates how New York can streamline its approach …


Opening A Can Of Worms And Viruses: The Impact Of E-Service On E-Mail Users Everywhere, Jeffrey Wolber Jan 2017

Opening A Can Of Worms And Viruses: The Impact Of E-Service On E-Mail Users Everywhere, Jeffrey Wolber

NYLS Law Review

No abstract provided.


Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel Jun 2015

Shady Grove And The Potential Democracy-Enhancing Benefits Of Erie Formalism, Jeffrey W. Stempel

Akron Law Review

Article written as part of Symposium: Erie Under Advisement: The Doctrine After Shady Grove.


Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern Jun 2015

Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern

Pace Law Review

This article addresses the issue of the preclusion of jury trials in actions which contemplate both legal and equitable relief. Part II of this article addresses the constitutional and statutory history of New York Civil Practice Law and Rules (“CPLR”) Section 4101 concerning issues triable by a jury and the dichotomy between those actions triable by a jury and equitable actions triable by the court alone. Part III of this article addresses the interplay between CPLR Sections 4101 and 4102, concerning demand and waiver of trial by jury, and the analysis developed by the courts to determine whether a jury …


The New York Court Of Appeals Visits (And Then Revisits) The Preclusive Impact Of Administrative Findings Of Fact In Subsequent State Court Actions, Jay C. Carlisle Nov 2014

The New York Court Of Appeals Visits (And Then Revisits) The Preclusive Impact Of Administrative Findings Of Fact In Subsequent State Court Actions, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

The Court of Appeals decision in Auqui v. Seven Thirty One Limited Partnership, 3 N.E.3d 682 (N.Y. 2013), recognizes that administrative proceedings which take the form of “quasi-judicial” determinations may sometimes be given preclusive impact in subsequent judicial proceedings provided that the identity of issue and full and fair opportunity requirements of collateral estoppel or issue preclusion are satisfied. The decision also recognizes that administrative determinations made without the benefit of rules of evidence, pre-trial disclosure and motion practice should be given very limited affect in subsequent judicial proceedings. The fact that the Empire State’s highest court unanimously reversed itself …


Seeking Justice In The Empire State: Court Of Appeals Broadens The Reach Of Long Arm Jurisdiction And Clarifies The Statutory Guidelines For Application Of Cplr Section 302(A)(1), Jay C. Carlisle Jan 2014

Seeking Justice In The Empire State: Court Of Appeals Broadens The Reach Of Long Arm Jurisdiction And Clarifies The Statutory Guidelines For Application Of Cplr Section 302(A)(1), Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

This article will discuss developments in long-arm jurisdiction under CPLR section 302(a)(1)1 and analyze the recent New York State Court of Appeals‘s thoughtful and instructive decision in Licci ex rel. Licci v. Lebanese Canadian Bank, SAL. Licci decided the question of whether a non-domiciliary‘s maintenance of a bank account in New York constituted a “transaction of business” out of which the plaintiff‘s claims arose under the state‘s long-arm statute. The Licci plaintiffs had alleged that the defendant funded a terrorist organization responsible for the injuries and deaths of certain plaintiffs and decedents they represented. The Licci opinion did not decide …


Recent Statute Of Limitations Developments In The New York Court Of Appeals, Jay C. Carlisle Ii Nov 2010

Recent Statute Of Limitations Developments In The New York Court Of Appeals, Jay C. Carlisle Ii

Pace Law Review

No abstract provided.


The Newly-Enacted Cplr 3408 For Easing The Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect, Mark C. Dillon Apr 2010

The Newly-Enacted Cplr 3408 For Easing The Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect, Mark C. Dillon

Pace Law Review

No abstract provided.


Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle Apr 2009

Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

This article will discuss recent developments in long-arm jurisdiction under CPLR section 302 and two related New York Court of Appeals decisions. Specifically, the article will address Fischbarg v. Doucet, which presents the court's expansive view of long-arm jurisdiction in light of recent technological developments, and Ehrenfeld v. Mahfouz, in which the court's decision to limit long-arm jurisdiction was rejected by subsequent legislation, signaling a more expansive application of CPLR 302 in the future.


Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf Jan 1992

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.


Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results Jan 1985

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.