Restaurant in Union Square Park Ruled Permissible

by Brendan Pierson

A unanimous First Department panel ruled that the proposed restaurant was an appropriate use of a public park, vacating a preliminary injunction issued by Manhattan Acting Supreme Court Justice Arthur Engoron.

Magistrate Judge Finds Few Benefits to Class in Settlement

by John Caher

A magistrate judge in Buffalo has rejected a Fair Debt Collection Practices Act class action settlement that would have resulted in $65,000 in legal fees and expenses while barring class recovery for hundreds of thousands of potential plaintiffs.

Courts Broaden What Counts as 'Pro Bono' for Reporting Rule

by Christine Simmons

Within weeks of the new disclosure mandate, several organizations voiced concern that the rule's definition of pro bono appeared to exclude free legal services to nonprofit groups that serve the poor and would discourage pro bono work for these groups.

N.Y. Lawyers' Pro Bono Hours, Contributions, Will be Public

by Joel Stashenko

The hours of pro bono work and the financial contributions to groups providing legal services to the poor that N.Y. lawyers must report on their biannual registration forms will be available to anyone who requests them.

Jury Selected to Weigh Penalty for Murder of Two Detectives

by Andrew Keshner

A jury was picked Tuesday to weigh whether a man convicted of murdering two undercover detectives should be put to death, but not before the presiding judge tossed three prospective jurors who had been exposed to loose talk about the case in the juror waiting room.

Civil Rights Groups Sue NYPD Over Muslim Surveillance Program

by Adam Goldman, Eileen Sullivan and Tom Hays

The New York Police Department's widespread spying programs directed at Muslims have undermined free worship by innocent people and should be declared unconstitutional, religious leaders and civil rights advocates said Tuesday.

Schools and Education

M.C. v. NYCDOE, 12 Civ. 9281 (CM) (AJP)

City and Clinic Spar Over Bill for Law Student Representation

Criminal Practice

USA v. Dwayne Ingram, 12-1058

Circuit Judges Debate Impact of Prior Case on Sentencing

Civil Practice

Courtney Linde v. Arab Bank, PLC, 04-cv-2799 (NG) (VVP)

Judge Orders Bank to Pay $1.3M for Discovery 'Failures'

Criminal Practice

The People v. Genna Turner, KA 11-01156

Divided Upstate Panel Upholds Guilty Plea

Employment / Government / Schools and Education

Matter of Gumbs v. Bd. of Ed. of the City School District

U-Rating, Termination of Probationary Guidance Counselor Rational, Not in Bad Faith

Civil Practice / Torts

Fletcher v. The Dakota

Plaintiffs Precluded From Offering Undisclosed Evidence on Alleged Defamation Damages

Civil Practice / Legal Profession

Red Zone v. Cadwalader, Wickersham & Taft

Firm Denied Leave to Amend Answer to Assert Defense as Affidavit Contradicts Prior Testimony

Civil Practice

Bitton v. H.S.B.C.

'Gatekeeper' Mechanism Deemed Necessary; Plaintiffs Enjoined From Filing New Pro Se Suits

Criminal Practice

People v. Palencia

Admission of Portable Breath Test for Purpose Of Showing Defendant's State of Mind Granted

Trusts and Estates

Estate of Klesick

Court Finds Renounced Specific Devise Passes Under Residuary Estate to Decedent's Wife

Featured Columns

Murder Conviction Overturned, Prenuptial Agreement Found Invalid

by Roy L. Reardon and William T. Russell Jr.

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, address a case construing the effect of a lengthy coercive police interrogation on a subsequent confession made in the presence of counsel.

Real Estate

Protection of Adjoining Buildings During Construction

by Kenneth M. Block

In his Construction Law column, Kenneth M. Block, a member of Tannenbaum Helpern Syracuse & Hirschtritt, writes that protective measures require access to adjoining property and recalcitrant property owners may deny access to their property, even when access facilitates protection of their own property.

Outside Counsel

Suppose We Depose: Settling Disputed Custody Cases

by Robert Z. Dobrish

Robert Z. Dobrish, a member of Dobrish Michaels Gross, writes that the written report of the neutral forensic mental health professional is probably the single most significant document in a custody determination, but counsel cannot depose that expert under current rules.

Real Estate

Realty Law Digest

by Scott E. Mollen

Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent decisions including rulings from the state's high court on an eviction from public housing and a town's attempt to block a check cashing business through zoning laws.

Real Estate

Marketplace

by Monica Paquette

Seven-lawyer Novack Burnbaum Crystal will be moving its Manhattan offices, increasing its space by more than 1,200 square feet. Also, the Corporation for Supportive Housing has signed a 10-year lease with Broad Street Development.