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Tag Archives: court of appeals

NY court reinstates banks’ lawsuit against MBIA

ALBANY — New York’s top court on Tuesday reinstated a breach-of-contract lawsuit by a dozen banks challenging MBIA’s state-approved restructuring of its bond-insurance business, concluding the state insurance superintendent’s approval doesn’t prohibit creditor and common-law claims.

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COA rules against insurer on wrongful death benefit

Last week the New York State Court of Appeals ruled in Cragg v. Allstate Indemnity Corp. that an insurer who tried to avoid paying wrongful death benefits to the non-resident father of a deceased child from a homeowner’s policy would have to pay the wrongful death benefit.

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Buffalo prevails in wage-freeze dispute

The City of Buffalo does not have to compensate union members for salary increases lost during a pay freeze. The New York State Court of Appeals Wednesday reversed two lower court decisions that gave employees three additional salary steps missed during the freeze.

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Dismissal of golfers’ ‘Fore’ lawsuit upheld

ALBANY — Slices, hooks and other errant shots are a common hazard on the links and a golfer can’t expect to get a warning shout of “Fore!” every time a ball comes his way, New York’s top court ruled Tuesday in dismissing a personal injury lawsuit.

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Court of Appeals implements digital filing

Parties in future matters before the Court of Appeals will be required to file documents on digital disks, effective Dec. 8. The Court of Appeals has announced it has amended its Rules of Practice which include reducing the number of paper copies for records ...

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COA reinstates suit over teen drinking

ALBANY — New York's top court has reinstated a lawsuit against parents whose daughter hosted a party after high school dance where minors got drunk and one was later injured in a suburban Buffalo car crash.

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Persistent felony law stays

New York’s persistent felony offender sentencing law is constitutional according to the U.S. Court of Appeals for the Second Circuit, which on Monday overturned a June ruling by one of its own panels.

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