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new york caselaw
2.912 documents for new york caselaw
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Priority of possession of property between a lienholder and a judgment creditor was the central issue in Toyota Motor Credit Corp. v. Monroe County Sheriff, ABBEC Manufacturing, Inc. and 100 Burnwood (sic) Avenue Associates. [Note, plaintiff incorrectly listed one defendant's name as Burnwood instead of Fernwood.] Considering UCC Article 9 and CPLR Section 5239 along with relevant caselaw, New York State Supreme Court Justice Thomas A. Stander reviewed the facts at hand and determined the plaintiff's perfected security interest was superior to that of the judgment creditor.
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... Court for the Southern District of New York (Laura Taylor Swain, Judge). In No. 10-4912-cv, pl... evident from the statute and limited caselaw. The Department of Labor's Hospitality Wage Order ...
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... Model Penal Code, legal scholarship, and New York caselaw interpreting a similarly worded statute to...
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Vehicle and Traffic Law (VTL) section 1194 establishes the procedures governing the arrest and testing of an individual suspected of driving while under the influence of drugs or alcohol. As a result of a 1970 change to the enabling statute, conflict emerged as to the current application of the two-hour rule. The original two-hour rule contained in VTL section 70(5) provided that chemical evidence of the amount of alcohol in a driver's blood was only admissible if the test was performed within two hours of his arrest. This rule, as a matter of construction, applied to the entire statute, serving as a rule of an evidentiary nature. In 1970, however, the New York legislature changed the statutory placement of the two-hour rule, relocating it from the VTL's evidentiary provision to its dee...
... plain meaning, and binding New York caselaw. Yet recently this issue has arisen once again as ...
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... District of New York (Dearie, J.) denying his petition for a writ of ha... of adequacy rests upon "the statute and caselaw." Cotto, 331 F.3d at 243. Accordingly, I consider ...
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... facts were not "decisive" under New York caselaw, however, because MP owned his own home and there ...
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... with the rules in effect of either the New York Stock Exchange, Inc., American Stock Exchange, Inc...3 In our view, this body of appellate caselaw leaves important aspects of the problem unaddresse...
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... ROBERT DENNISON , Chairman of the New York State Division of Parole, and. A...) (collecting and summarizing New York caselaw regarding the propriety of comparable judicial thr...
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... Court for the Northern District of New York (Kahn, J.) denied the defendants' motion. The cour...[because] there is no governing [New York] caselaw on point," Rangolan v. County of Nassau, 217 F.3d ...
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A recent issue of Buffalo Law Review features an article by a Rochester attorney on a criminal law topic. "Understanding New York's 'Mode of Proceedings' Muddle," by Gary Muldoon, explores a doctrine that is unique to New York state. The issue is one that may be raised in a state court criminal appeal. Under the "mode of proceedings" doctrine, certain issues that were unpreserved in the trial court may be raised on appeal, despite the lack of preservation. And the issue may be reversible, despite the absence of prejudice. Caselaw holds that the types of error within that class are by their nature prejudicial.
