THE CPLR AND THE UNIFORM RULES The Complicated Nature of New York State’s Procedural Law We have discussed in the past the complicated nature of the various sources of procedure in New York State. While the CPLR occupies a significant portion of the arena, it shares its applicability with other statutes (e.g., Estates Powers and … Continued

CASE LAW DEVELOPMENTS Relation-Back Doctrine Applied Even Where Original Co-Defendant Was No Longer Party When Plaintiffs Sought to Add New Defendant “United in Interest” Second Department Cautions That Its Ruling Was Not Meant to Imply that It Was Somehow Changing Existing Law We have previously discussed the relation-back doctrine involving parties “united in interest.” Thus, … Continued

A LOOK BACK … AND A LOOK FORWARD With the Court of Appeals on summer hiatus, it seems like a good time to look back at the past year in the Digest, to review some of the significant developments and to discuss their impact and future issues Consent Jurisdiction and General Jurisdiction We reported on … Continued

CASE LAW DEVELOPMENTS Agreement Waiving Benefit of Rent Stabilization Laws Is Void as Against Public Policy Regardless of Tenant’s Status Stipulation Here Was Void Because It Purported to Waive the Tenant’s Right to File Fair Market Rent Appeal In Liggett v. Lew Realty LLC, 2024 N.Y. Slip Op. 03378 (June 20, 2024), the Court of … Continued

CASE LAW DEVELOPMENTS Court of Appeals Clarifies the Internal Affairs Doctrine, Applying the Law of the State of Incorporation in a Choice of Law Analysis Court Also Finds Appellate Division Properly Took Judicial Notice of Foreign-Scots Law Generally, under New York’s choice of law analysis, the courts apply the forum’s law to procedural questions and … Continued

CASE LAW DEVELOPMENTS Entity That Acquires All of Another Entity’s Liabilities and Assets Without a Merger Nevertheless Inherits Acquired Entity’s Status for Purposes of Specific Personal Jurisdiction Court of Appeals Applies Factors Previously Considered in Successor Liability Context In Lelchook v. Société Générale de Banque au Liban SAL, 2024 N.Y. Slip Op. 02081 (April 18, … Continued

CASE LAW DEVELOPMENTS Court of Appeals Finds Lower Courts Abused Discretion in Granting Petitioners Leave to Serve Late Notices of Claim Lower Courts Improperly Concluded That City’s Employees Alleged Participation in Intentional Tort or Its Possession of Records Concerning Underlying Events Provided City With Actual Knowledge of Essential Facts Constituting the Claims Matter of Jaime … Continued

CASE LAW DEVELOPMENTS Court of Appeals Holds That Division of Human Rights Rationally Concluded That Threat of Litigation Can Qualify as Required Adverse Action to Support Retaliation Claim But Rules That DHR Improperly Shifted Burden on Whether Activity Was Protected In Matter of Clifton Park Apts., LLC v. New York State Div. of Human Rights, … Continued

CASE LAW DEVELOPMENTS Court of Appeals Divides on Whether Directed Verdict Should Have Been Granted on Issue of Ownership of Dam in Negligence and Wrongful Death Action Was Ownership Issue Established as a Matter of Law? In Suzanne P. v. Joint Bd. of Directors of Erie-Wyoming County Soil Conservation Dist., 2024 N.Y. Slip Op. 00159 … Continued

CASE LAW DEVELOPMENTS DOCCS Properly Withheld Documents Prepared by Counsel for the Parole Board in Response to FOIL Request Court of Appeals Holds There to Be No Per Se Rule That Training Materials Cannot Be Protected In Appellate Advocs. v. N.Y. State Dep’t of Corr. & Cmty. Supervision, 2023 N.Y. Slip Op. 06466 (Dec. 19, … Continued