Incoming President Pledges to Nurture NYCLA's 'Inclusive' Role

by Tania Karas

As president of the New York County Lawyers' Association, Barbara Moses says she will focus on helping young lawyers who are struggling to find employment, enhancing pro bono services and monitoring the impact of court budget cuts on access to justice for New Yorkers who can't afford an attorney.

Meet the New Borough Bar Presidents

The goals and bios for the new leaders of the Bronx, Brooklyn, Queens and Richmond bar associations.

Judge Declines to Block Act-of-War Defense in 9/11 Case

by Mark Hamblett

Southern District Judge Alvin Hellerstein has rejected a motion for summary judgment made by attorneys for Larry Silverstein's World Trade Center Properties, which is seeking to recover damages for the alleged negligence of American Airlines in allowing armed terrorists to board its Flight 11 in Boston and fly the aircraft into the North Tower.

Panel Finds 'Excessive' City Fine for Poaching Antenna From Trash

by Brendan Pierson

"It is undisputed that [the defendant] violated the relevant Administrative Code provision - he removed and transported a recyclable object using a motor vehicle," Justice Rosalyn Richter wrote for the First Department. "Nevertheless, under the specific circumstances here, we conclude that the mandatory $2,000 penalty amounts to an unconstitutionally excessive fine."

'Put the Mission First,' Judge Headed for Kuwait Urges Veterans

by Tania Karas

Next month, Nassau County District Court Judge Terence Murphy, the only active military judge presiding over a New York veterans treatment court, will trade his robes for a U.S. Army uniform.

Florida Location May Have Been False, But It Was Not Defamatory, Judge Rules

by Joel Stashenko

Supreme Court Justice Cynthia Kern said that a British advertising mogul's comments calling Manhattan firm Sabharwal & Finkel a "two-lawyer firm...based in Florida" that specializes in "restaurant law" did not carry a defamatory connotation.

Torts

Sabharwal & Finkel v. Sorrell, 155808/2012

Florida Location May Have Been False, But It Was Not Defamatory, Judge Rules

Torts

Frieder v. LIRR, 190212/12

Suit Proceeds Against LIRR Over Asbestos in Diner

Dexia SA/NV v. Bear, Stearns & Co., 12 Civ. 4761 (JSR)

Changing Course, Judge Revives Suit Against Bank

Intellectual Property

Patrick Collins, Inc. v. John Doe, 12-CV-1154 (ADS)(GRB)

Copyright Violation Case Proceeds Over Porn Film

Civil Practice / Torts

Cassini v. Advance Publications

Publication Granted Dismissal of Cassini's Widow's Defamation, Emotional Distress Claims

Administrative Law / Torts

Mohn v. W. 141st St.

City Did not Own Property Abutting Sidewalk Where Plaintiff Fell; Dismissal Granted

Torts

Brooks v. Employees Only LLC

Questions of Fact Exist if Property Maintained In Safe Condition Denying Summary Judgment

Torts

Beras v. NYC Housing Authority

Failure to Show Recurring, Dangerous Condition Unremedied Grants Agency Dismissal

Civil Practice / Criminal Practice

People v. Peters

Motion for So-Ordered Subpoenas of Officers' Files for In Camera Inspection Denied

Business Law / Real Property

Gorbrook Associates v. Silverstein

Shareholder May Bring Derivative Suit On Company's Behalf in Holdover Proceeding

Featured Columns

Reassignment to a New Judge After Remand From the Federal Circuit

by Robert C. Scheinfeld and Parker H. Bagley

In their Patent and Trademark Law column, Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write that the Federal Circuit does not have a specific rule relating to reassignment after remand and will look to the law of the circuit court in which the district court resides.

Featured Columns

Insuring Against Cyber Risks: Coverage, Exclusions, Considerations

by Howard B. Epstein and Theodore A. Keyes

In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel write: As a result of the rise of cyber incidents and the increased focus on computer security, more insurance carriers have begun offering insurance to cover cyber risk liability. Not surprisingly, more companies are purchasing these policies, particularly those companies in the financial services, technology and health care industries.

Real Estate

Court Upholds Local Ordinances Banning Fracking

by Anthony S. Guardino

In his Zoning and Land Use Planning column, Anthony S. Guardino, a partner with Farrell Fritz, writes that the Third Department found that New York?s Oil, Gas and Solution Mining Law did not preempt a municipality?s power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.

Outside Counsel

Public Employee Firings for Social Media Postings: Who Needs 'Friends'?

by Mary Noe

Mary Noe, an Impartial Hearing Officer for special education cases, writes that the message from the New York and New Jersey cases is that public employees cannot assume that their postings will escape scrutiny because they are limited to a chosen audience.

Real Estate

Realty Law Digest

by Scott E. Mollen

Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent decisions, including a case where the court found that a reasonable inference may be drawn that defendants' conduct was motivated by a desire to shut down plaintiff because of its predominantly African-American clientele.

Real Estate

Marketplace

by Monica Paquette

Expanding its New York City office, The Lanier Law Firm has added 6,076 square feet at 126 E. 56 St., also known as Tower 56. This is the second expansion for the Houston-based litigation law firm.