NEWS

COURT OF APPEALS AFFIRMS LIMITED AVAILABILITY OF ASSUMPTION OF RISK DEFENSE AS COMPLETE BAR TO RECOVERY

Posted on October 6, 2011

Trupia v. Lake George Central School District, 14 NY3d 392 (2010) Last spring, the Court of Appeals clarified the limited availability under New York law of the doctrine of assumption of risk as a complete defense to claims of negligence in suits involving personal injuries.  The underlying facts of the case were straightforward:  a child was injured during a summer program administered by the defendant school district when he slid down and fell off of a banister, and was seriouslyRead More→

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Troy City Court Suppresses Drug Evidence Seized from Passenger in Car Pulled Over Due to Warrant for Driver’s Arrest

Posted on October 3, 2011

In People v. Brandolino, 2011 NY Slip Op. 51747(U), September 26, 2011, the Troy City Court ruled that a glass pipe with drug residue was improperly seized by a police officer from the passenger of a vehicle stopped due to the existence of a warrant for the driver’s arrest.  The ruling was made after the court conducted a Mapp hearing, a type of pre-trial hearing the defense may request in criminal matters in order to challenge the propriety of aRead More→

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NY Supreme Court Decision Highlights Creditors’ Ability to Obtain Quick Judgments Against Defaulting Debtors

Posted on September 29, 2011

In Pollack v. Haberman, 2011 NY Slip Op 32508(U), September 22, 2011, the New York County Supreme Court granted summary judgment in favor of plaintiff Pollack following defendant Haberman’s failure to repay the principal amounts due under two promissory notes executed by Haberman in conjunction with $300,000 worth of loans provided to him by Pollack. The case is unremarkable except as a reminder that creditors can often significantly speed up the process of obtaining judgments against defaulting debtors by initiatingRead More→

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