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Recent Articles from Special to The Daily Record
Third-party practice after the AVOID Act: What defense counsel and claims professionals must know now
New York's "Avoiding Vexatious Overuse of Impleading to Delay" (AVOID) Act represents the most significant change to third-party practice in decades.
The USPTO’s PIER Pilot Program: A small change with potentially big patent implications
In April 2026, the U.S. Patent and Trademark Office (USPTO) introduced a new pilot program, the PCT Informed Examination Request (PIER) Pilot Program.
Law Day – Celebrate judicial independence
We celebrate Law Day, a day that reminds us, as retired judges, of the importance of judges in how our country has operated for 250 years and, even now, upholds the best of our traditions and values.
The rule of law & the American Dream: A renewed commitment on Law Day
Tomorrow morning at 8:45 a.m., please join the Monroe County Bar Association, the Greater Rochester Association of Woman Attorneys, and the Rochester Black Bar Association at the Civic Center Plaza to celebrate Law Day by reaffirming your attorney oath.
From the jobsite to the shop floor: New York’s expansion of prevailing wage coverage | Advocate’s View
Commentary: For contractors, subcontractors, and fabricators that have long relied on off‑site manufacturing to manage labor costs, scheduling, and staffing, the amendment represents a fundamental shift in risk allocation and project pricing.
VIP Products v. Jack Daniels’ Properties: Even a successful parody can violate the Lanham Act through dilution by tarnishment
Commentary: Jack Daniels’ iconic bottle design is an example of a famous trade dress, which is registered as a trademark. A trademark is a type of intellectual property that includes a logo, symbol, phrase, word, name, or design that is used to identify products or services of a particular source from those of other sources.
Western District Case Notes
This article originally appeared in The Bulletin, the official publication of the Bar Association of Erie County. It is reprinted here with permission. Motion to Dismiss Tortious Interference Claim In […]
Law Day 2026: A celebration of the legal profession and its principles
Every year since 1958, the United States has celebrated Law Day on May 1. The Monroe County Bar Association will be recognizing Law Day and the theme: “The Rule of Law & the American Dream,” at a reception on April 30 at 5:30 p.m. at the Rochester Museum & Science Center. Please come join the festivities.
AVOID Act imposes new limits on third-party practice in New York | Civil Litigation
A major procedural shift to New York's third-party practice has arrived. Signed by Governor Hochul on December 19, 2025, and effective April 18, 2026, the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act amends CPLR 1007 to significantly limit when and how defendants may implead third parties.
A new wrinkle in video authentication in New York
The New York Court of Appeals, in an opinion featuring the sharpest dissents in years, appears to have charted a new rule for video identification in our courts.
The Monroe County Bar Association: The voice of the profession | MCBA President’s Message
When I first agreed to become the President of the Monroe County Bar Association (MCBA), one of the first people I heard from was A. Vincent Buzard.
What the Norlite decision means for New York’s Green Amendment
In 2021, New York voters approved what has become known as the “Green Amendment,” adding a new provision to the New York State Constitution declaring that every person has “a right to clean air and water, and a healthful environment.”
Case Digests
- Second Circuit – Habeas Corpus: Brown v. James
- Fourth Department – Comptroller authority: Scanlon v. Miller-Williams
- Fourth Department – Confidential witness: People v. Sanchez
- Second Circuit – Interest-on-escrow accounts: Cantero v. Bank of America, N.A.; Hymes v. Bank of America, N.A.
- Fourth Department – Relation back doctrine: Poindexter v. The State of New York
- Fourth Department – Double jeopardy: People v. Royal
- Fourth Department – Real property claims — Summary judgment Penn v. Rochester Rev Holdings, LLC
- Second Circuit – Breach of lease agreement: Delsha 60 Ninth, LLC v. Free People of PA LLC
- Court of Appeals – Zoning: Smith et al. v. Town of Thompson Planning Board, et al.
- Fourth Department – Right to Appeal: People v. Nixon
- Court of Appeals – Vehicle and Traffic Law: Second Child, et al. v. Edge Auto Inc., et al.
Law News
- NY Court of Appeals resolves Appellate Division inconsistency
- Oneida County attorney disbarred after Trump pardon
- New trial ordered in child sex abuse case
- Rochester, Monroe County to pay $1.75M to officer blinded in stabbing
- Drug conviction reversed over faulty indictment
- Phillips Lytle names new Rochester office leader
- WNY nursing home fraud settlement could total $9M
- Elmira settles federal lawsuit over police encounter for $2.5M
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