News & Analysis as of

CPLR State and Local Government

Sheppard Mullin Richter & Hampton LLP

New York Enacts Consumer Credit Fairness Act, Impacting Debt Collection Actions

On November 8, New York Governor Kathy Hochul signed into law the Consumer Credit Fairness Act (Act) (S.153/A.2382). The Act contains a series of amendments to New York’s Civil Practice Law and Rules (CPLR) that...more

Farrell Fritz, P.C.

Appellate Division Upholds ZBA Determination Transferred from Supreme Court Pursuant to CPLR §7804(g)

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In 2017, 8 Bayberry Rd, LLC submitted an application to the Zoning Board of Appeals of the Village of Bellport (“ZBA”) seeking several variances to convert an existing three-car garage into a squash court and work out area...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Limits the Reach of New York’s Long-Arm Statute

In Black Diamond Aviation Grp. LLC v. Spirit Avionics, Ltd., 70 Misc. 3d 823 (Sup. Ct. Suffolk Cnty. 2020), Justice James Hudson of the Suffolk County Commercial Division limited the reach of New York’s long-arm statute, CPLR...more

Farrell Fritz, P.C.

How Executive Order 202.8’s 30-Day “Tolling” Affects Statutes of Limitations in the Article 78 Context

Farrell Fritz, P.C. on

Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge...more

Farrell Fritz, P.C.

Walls and Fences Are Not The Same

Farrell Fritz, P.C. on

This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...more

Farrell Fritz, P.C.

Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

Farrell Fritz, P.C. on

A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more

Seyfarth Shaw LLP

New Limitations on Confessions of Judgment in New York

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A procedural device known as a “confession of judgment” has long been an important tool in New York state. Section 3218 of New York’s Civil Practice Law and Rules (known as the CPLR) allows a party to sign an affidavit...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

Farrell Fritz, P.C. on

The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Farrell Fritz, P.C.

Time-Frames for Prosecuting an Article 78 Challenge May Be Shorter Than You Think

Farrell Fritz, P.C. on

In Rimler v. City of New York, 2019 N.Y. Slip Op. 03599 (2d Dept, May 8, 2019), which involved a challenge to the issuance of a negative declaration, the Appellate Division, Second Department, affirmed a judgment of the...more

Wilson Sonsini Goodrich & Rosati

It's Time for New York Employers to Implement Mandatory Sexual Harassment Training

In the wake of the "Me Too" movement, both the State of New York and New York City have joined the growing number of state and local legislatures that have passed new laws designed to prevent sexual harassment in the...more

Goulston & Storrs PC

New York’s Article 77: A Useful Tool for Expediting Trust Litigation

Goulston & Storrs PC on

When considering fiduciary litigation in New York, practitioners often think first of Surrogate’s Court (New York’s probate court) or full-out litigation in New York State Supreme Court (as New York’s basic trial court is...more

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