Judge Certifies Class Action Over NYPD's Stop-and-Frisk Policy

by Mark Hamblett

Southern District Judge Shira Scheindlin said that she found the city's attitude toward the suit to be "deeply troubling" and criticized its Law Department for stating that a court order to block the practice would amount to "judicial intrusion" and arguing that no injunction could guarantee that suspicionless stops would never occur or would occur in only a certain number of cases.

NYCLU, NYPD Reach Settlement Over Livery Cab Searches

by Mark Hamblett

The settlement covers alleged abuses in the administration of the Taxi-Livery Robbery Inspection Program, under which taxi and livery drivers, to protect themselves against robberies, consent to being stopped and searched by police without probable cause.

As More Lawyers Head for Exit, Dewey Faces Several Lawsuits

by Christine Simmons

"Dewey & LeBoeuf is unexpectedly experiencing extraordinary difficulties. Unfortunately, the situation is deteriorating at a more rapid pace than was initially anticipated" the firm said in an e-mail to associates that provided a formal termination letter and protocol for their last day.

Judge Explains Exclusion of Males in Audience at Gang-Related Trial

by Joel Stashenko

A trial judge says he was justified in excluding male spectators from the courtroom during the testimony of a critical female witness in a gang-related murder trial because she felt she would be in mortal danger if she took the stand with associates of the defendant present.

Bankruptcy Filing Does Not Cancel Contempt Fine, Judge Decides

by John Caher

A man who attempted to evade through a bankruptcy filing $215,000 in attorney fees and expenses awarded in connection with a civil contempt action is now on the hook for additional legal fees and expenses.

Lippman Urges Passage of Bill to Up Age of Criminal Responsibility

by Andrew Keshner

Chief Judge Jonathan Lippman has begun an aggressive campaign to achieve his top legislative priority: passage of a court system reform that would raise to 18 from 16 the age of criminal responsibility for non-violent crimes.

Civil Practice

In Re: Air Crash Near Clarence Center, 09-md-2085

Bid to Evade Fine, Creditor's Legal Fees Through Bankruptcy Rebounds on Debtor

Taxation

Matter of Prudential Ins. Co. of America v. Wrynn

Prudential Denied Annulment of Decision Denying Refund, Credit for Retaliatory Tax

Civil Practice / Real Property

Nahar v. Socci

Lessee Did Not Breach Duty in Trip, Fall Accident on Abutting Sidewalk

Landlord/Tenant Law

Schwimer v. Peretz

Court Finds Premises Is Rent-Regulated, Dismisses Holdover Proceeding

Criminal Practice / Juvenile Law

Matter of Victoria W.

Evidence in Separate Cases Insufficient To Show Juveniles' Intent to Resist Arrest

Civil Practice / Real Property

State of New York Mortgage Agency v. Vaccerino

State Agency Ordered to Produce Alleged V.P. Amid Allegations of Robo-Signing

Civil Practice

Runco v. Wertkin

Videotaping Deposition of Terminally Ill Plaintiff Permitted as No Prejudice Shown

Featured Columns

Decisions on Wiretap and Lease Renewal Explore Impact of Late Notice

by Roy L. Reardon and Mary Elizabeth McGarry

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry review decisions holding that untimely disclosure of an eavesdropping warrant does not always mean suppression of wiretap evidence, and that a subtenant's having made substantial improvements to a commercial property does not mean the tenant will experience a forfeiture if its lease is lost, so the tenant's late notice of lease renewal need not be excused.

Real Estate

Bankruptcy Decision Threatens Deficiency Claims

by Jeffrey B. Steiner and Jason R. Goldstein

In their Financing column, Jeffrey B. Steiner and Jason R. Goldstein, members of DLA Piper, analyze 'In re Loop 76,' where Loop 76 successfully argued that Wells Fargo Bank's unsecured deficiency claim should be placed in a class separate from the rest of the unsecured claims, because the bank had a third-party payment guarantee. Until this point, most practitioners have understood that lenders' deficiency claims, whether or not backstopped by a principal guaranty, were substantially similar to other unsecured claims.

Real Estate

Realty Law Digest

by Scott E. Mollen

Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent decisions, including a case hinging on a non-traditional definition of "family" and another where a dispute arose over whether a landlord-tenant relationship existed.

Outside Counsel

Retaliation Claims: No Longer the Little Sibling to Discrimination

by Michael C. Schmidt

Michael C. Schmidt, a member of Cozen O'Connor, writes that it is critical for employers to understand the nature and unique issues attendant to retaliation claims, and the best practices for minimizing the likelihood that employers will be on the wrong end of those claims.

Real Estate

Marketplace

by Monica Paquette

Renovation rather than relocation turned out to be the best solution for the 46-attorney firm of Davidoff, Malito & Hutcher, a tenant at 605 Third Ave. for more than 20 years. Also, Normandy Real Estate Partners has closed on its acquisition of 1370 Broadway, at 37th Street, for nearly $124 million.