new york caselaw

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2.705 documents for new york caselaw

- Rightful Possession of 2002 Lexus Challenged by Secured Lienholder and Judgment Creditor
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.
- Daily Record (Rochester, NY)
- June 10, 2004
- Delgado v. Florida Department of Corrections, (11th Cir. 2011)
... Model Penal Code, legal scholarship, and New York caselaw interpreting a similarly worded statute to...
- Federal Circuits
- Downs v. Lape, (2nd Cir. 2011)
... 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 ...
- Federal Circuits

- Clarifying the Admissibility of Dwi Chemical Test Refusals in New York: The 'Two-Hour Rule' Does Not Apply
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 ...
- St. John's Law Review
- Vol. 82 Nbr. 2, April 2008
- Painewebber Incorporated, Plaintiff, Appellant, v. Mohamad S. Elahi, Kokab Moarefi Elahi and Maryam Elahi, Defendants, Appellees., 87 F.3d 589 (1st Cir. 1996)
... 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...
- Federal Circuits
- Linda R. Graev v. Lawrence Graev, 1 No. 139 (N.Y. 2008)
... facts were not "decisive" under New York caselaw, however, because MP owned his own home and there ...
- New York Court of Appeals
- Friedman v. Rehal, (2nd Cir. 2010)
... 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...
- Federal Circuits
- Sharon Shaffer, Plaintiff-Appellee, v. Schenectady City School District, Schenectady City School District Board of Education, Raymond C. Colucciello, Ph.D., Individually and as Superintendent of the Schenectady City School District, Warren R. Snyder, Individually and as President of the Schenectady City School District Board of Education, Ben Wiles, Individually and as a Member of the Schenectady City School District Board of Education, Fred Griesbach, Individually and as a Member of the Schenectady City School District Board of Education, Lawrence M. Murphy, Individually and as a Member of the Schenectady City School District Board of Education, Steve Russell, Individually and as a Member of the Schenectady City School District Board of Education, Armando G. Tebano, Individually and as a Member of the Schenectady City School District Board of Education, and Elizabeth Varno, Individually and as a Member of the Schenectady City School District Board of Education, Defendants-Appellants., 245 F.3d 41 (2nd Cir. 2001)
... 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 ...
- Federal Circuits
- Reliance Insurance Company v. Polyvision Corporation, (2nd Cir. 2007)
... -. POLYVISION CORPORATION, a New York Corporation, formerly known as. Information Dis... literal language and existing New York caselaw. . Section 205(a) explicitly refers to "th...
- Federal Circuits
- McKenzie v. Dow Jones & Co., Inc., (2nd Cir. 2009)
..., 500 Pearl Street, in the City of New York,. on the 9th day of December, two thousand and nin...N.Y. C.P.L.R. § 215(3). Some New York caselaw recognizes the statute of limitations for a claim ...
- Federal Circuits