Justice Borrok of Manhattan’s Commercial Division presided over a bench trial between a contractor and a sub-contractor concerning payments connected to work on New York City Housing Authority’s (NYCHA) Harlem River Houses....more
On October 28, 2021, Governor Hochul signed Senate Bill S4394A, which significantly amended Section 740 of the New York Labor Law. The legislation expanded whistleblower protections under Section 740 for employees, former...more
In December 2020, the Suffolk County Supreme Court decided a novel question of personal jurisdiction law in Black Diamond Aviation Group LLC v. Spirit Avionics, Ltd. Justice James Hudson determined that personal jurisdiction...more
Recently, the New York Court of Appeals issued another ruling in a long-running insurance coverage dispute concerning $140 million in disgorgement paid by Bear Stearns pursuant to an SEC settlement over fifteen years ago. ...more
On November 10, 2021, a Commercial Division Court issued a decision on a motion to dismiss the claims brought by Wilmington Trust Company (“WTC”) against a wide range of parties that WTC alleged to be alter egos of an...more
2/9/2022
/ Alter Ego ,
Amended Complaints ,
Business Litigation ,
Commercial Court ,
Default ,
Final Judgment ,
Foreign Entities ,
Forum Non Conveniens ,
Insolvency ,
Motion to Dismiss ,
Personal Jurisdiction ,
Reversal ,
Standing
On December 30, 2021, Administrative Judge Deborah A. Kaplan of the First Judicial District announced that, for judicial economy, any pending actions or future actions commenced pursuant to The Securities Act of 1933 (15...more
Update: As an update to our earlier post on the amendment of Commercial Division Rule 30 to expand the scope of mandatory settlement conferences—the new amendment is now in effect. As of February 1, 2022, absent an...more
In an earlier post, we reported that beginning January 2022 all oral arguments in the First and Second Departments would be conducted virtually out of concern for the health and safety of the public and court employees. As...more
On December 15, 2021, the New York City Council passed a bill requiring NYC employers to include minimum and maximum salary information in job postings for any positions located within New York City. The bill became law on...more
On January 7, 2022, the Commercial Division amended Rule 30 of section 202.70(g) of the Rules of the Commercial Division of the Supreme Court. Rule 30 is entitled “Settlement and Pretrial Conferences,” and the amendment is...more
On January 13, 2022, the Supreme Court issued a highly anticipated decision blocking the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS), which required employers with 100 or more...more
As the number of new COVID-19 cases reached record levels, the First and Second Departments announced that beginning January 2022, and until further notice, oral arguments will be conducted virtually. The return to remote...more
As 2021 comes to a close, we are taking a look back at some of the major developments in New York City and New York state employment law this past year, and a look ahead as to what’s to come in the New Year. We start our...more
After being put on hold by court orders, the Occupational Safety and Health Administration (“OSHA”) emergency temporary standard (“ETS”) mandating vaccination or weekly testing of employees of businesses with 100 or more...more
Following up on the recent addition of a new rule governing virtual evidentiary hearings and trials, last week, the Commercial Division promulgated Rule 37 of section 202.70(g) of the Rules of the Commercial Division of the...more
On December 6, 2021, Mayor Bill de Blasio announced a COVID-19 vaccine mandate for all private employers in New York City, which goes into effect on December 27, 2021. Yesterday, the City issued additional guidance related...more
In a press release issued earlier today, Governor Kathy Hochul announced that effective Monday, December 13, 2021, all indoor businesses and venues in New York State must implement either a mask or vaccine mandate applicable...more
Earlier today, Mayor Bill de Blasio announced a COVID-19 vaccine mandate for all private employers in New York City. The mandate—which is described as a “first-in-the-nation” policy and is expected to apply to about 184,000...more
In the midst of uncertainty surrounding the efficacy of COVID-19 vaccinations against the Omicron variant, the Commissioner of Health & Mental Hygiene of the City of New York has issued an advisory that masks should be worn...more
2021.10.29 - JRAP Enterprises, Inc. & Zachary Rapaport, as Adm'r of the Estate of Joseph Rapaport v. Zucaro Constr., LLC & Zucaro House Lifters, Inc., 73 Misc. 3d 1207(A) (N.Y. Sup. Ct. 2021). A recent decision in the...more
Recently, the First Department announced a new pilot program for interlocutory appeals from the Commercial Division related to discovery matters....more
On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued an emergency temporary standard (“ETS”) requiring all large employers to adopt a mandatory COVID-19 vaccination policy for all employees...more
Earlier this month, the New York State Department of Labor (the “DOL”) issued guidance entitled “Adult Use Cannabis and the Workplace” (the “Guidance”) in connection with the recently-enacted Marijuana Regulation and Taxation...more
In Costello v. Molloy, Justice Gretchen Walsh of the Westchester County Commercial Division denied Plaintiff William Costello’s request for a mandatory injunction against Defendants Ronald Molloy and Curis Partners, LLC...more
In Ronald Benderson 1995 Trust v. Erie County Medical Center Corporation, Justice Walker of the Erie County Commercial Division granted Plaintiff’s request for a Yellowstone injunction where the defendant landlord provided a...more