News & Analysis as of

New York NY Supreme Court

Falcon Rappaport & Berkman LLP

Judge Strikes Down Long Island Dispensary Zoning Restrictions – More to Come?

A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary...more

Husch Blackwell LLP

NYC ‘Subway Surfing’ Case Survives Summary Judgment

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On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies...more

Rivkin Radler LLP

June 2025 New York Insurance Coverage Law Update

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A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more

Epstein Becker & Green

An Oft-Overlooked Requirement in the N.Y. Commercial Division Rules: The Rule 11-e(d) Statement of Completion

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Effective April 1, 2015, the Commercial Division of the New York State Supreme Court promulgated a series of reforms to the Rules of Practice for the Commercial Division, including the addition of new Rule 11-e, which...more

Falcon Rappaport & Berkman LLP

Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased...

In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that...more

Jones Day

New York Courts Shut Down Consumer Protection Claims Regarding Greenwashing

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The amount of climate-related litigation has tripled in the past decade and includes greenwashing claims against some of the largest fossil fuel companies in the world. New York state and its localities have brought some of...more

Harris Beach Murtha PLLC

Uber’s Process for Obtaining Consent to Arbitration Upheld in NY Court

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Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York Court of Appeals recently held in Wu v Uber Technologies, Inc. that the email notification and...more

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more

Harris Beach Murtha PLLC

New Marketing and Advertising Rules for New York Cannabis Retailers

New York’s Cannabis Control Board recently approved new rules around cannabis marketing and advertising in a bid to provide legal marijuana operators an advantage over illegal operators. The new rules, which are subject...more

Harris Beach Murtha PLLC

Judge Strikes Down New York’s Cannabis Marketing Rules

In a sharp rebuke to New York’s Cannabis Control Board, state Supreme Court judge Kevin R. Bryant dealt a blow to the adult-use cannabis industry when he issued a decision in Leafly Holdings, Inc. et al. v. NYS Office of...more

ArentFox Schiff

New York Cannabis Regulations Are (Initially Ruled) Unconstitutional, Says New York Judge

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New York Supreme Court Justice Kevin Bryant recently ruled that all New York State cannabis regulations are unconstitutional and therefore, null and void. In an opinion issued on April 3, Justice Bryant explained that the...more

Seyfarth Shaw LLP

NY Anti-Discrimination Laws Now Protect Non-Resident Job Applicants

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New York’s highest court, settling a long-standing question dividing state and federal courts, has held that the New York State and City anti-discrimination statutes apply to non-residents who apply for jobs that would be...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Real Estate Developer/Landfill: New York Court Addresses Common Law Action/Diminution in Value Claim

New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more

Troutman Pepper Locke

New York AG Secures $77M Judgment With Merchant Cash Advance Companies

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On February 8, New York attorney general (AG) Letisha James announced a $77 million judgment with three merchant cash advance (MCA) companies, Richmond Capital Group, Ram Capital Funding, and Viceroy Capital Funding, and...more

Epstein Becker & Green

New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay...

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On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...more

Goldberg Segalla

Tile Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear...more

Jackson Lewis P.C.

New York City’s Pay Protections for App-Based Workers Upheld, Allowed to Go Into Effect

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New York City is the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. Delivery platform companies should immediately pay delivery workers the minimum pay rate of at least $17.96...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Delivery Workers Temporarily Stayed by Appellate Court

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New York City is still undertaking efforts to become the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. The new law was initially scheduled to go into effect July 12, 2023....more

White and Williams LLP

New York Court Holds Insurer Can Recover Before Insured Is Made Whole

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In State Farm Fire & Cas. Co. v. Tamagawa, Index No. 510977/2021, 2023 N.Y. Misc. Lexis 5434, the Supreme Court of New York considered whether an insurance carrier can settle its property subrogation lawsuit with the...more

Harris Beach Murtha PLLC

New York Opening Cannabis Licensing to All Beginning Oct. 4

New York is opening up its cannabis market to cultivator, processor, distributor, microbusiness and retail dispensary applicants beginning Oct. 4, a move that could finally spur significant sales, but one criticized by some...more

White and Williams LLP

New York County Supreme Court Upholds Accommodation Pledges

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In recent years, the claim that an accommodation pledge attached to a mortgage loan effectively “clogs” a borrower’s right of redemption has been the basis of numerous civil actions in New York courts. With the case of Atlas...more

Troutman Pepper Locke

New York State Court Enjoins Licensing of Adult-Use Cannabis Dispensaries Statewide Amid Retail Cannabis Regulation Disputes

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On August 18, 2023, a New York Supreme Court judge has enjoined New York cannabis regulators from further processing, approving, or investigating any new or pending applications for a state conditional adult-use retail...more

Maron Marvel

New York State’s Legalized Marijuana Market on Pause After Supreme Court Ruling Halts Issuances of Conditional Adult-Use Retail...

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On Friday, the Supreme Court of the State of New York, Albany County issued an Order that has effectively placed the long-anticipated rollout of New York’s legalized marijuana market on hold. In Fiore v. New York State...more

Harris Beach Murtha PLLC

New York Cannabis Retail Licenses Remain on Hold After Judge Says State Veered from Legislature’s Intent

A state Supreme Court Justice issued a stern ruling Aug. 18 criticizing the state’s legal cannabis program and stopping it from issuing new retail licenses. State Supreme Court Justice Kevin R. Bryant ruled a veterans...more

Cozen O'Connor

New York Note – Chief Efficiency Officer, Asylum Seekers, Retirees’ Medicare

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Denise C. Clay has been named as the NYC’s new Chief Efficiency Officer. The Chief Efficiency Officer is tasked with monitoring city agencies, improving performance, and building a more productive public sector. She succeeds...more

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