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Sui Generis

Your online source for commentary on recent decisions and issues of interest to New York civil litigators and criminal defense attorneys in the Fourth Department and beyond.
By Nicole Black, Esq.

Post Frequency: 8.1/day

Last Entry: March 28, 2011 at 21:39:02

The New York Legal Blog Round Up

Posted on May 05, 2008
It's the first Monday in May, and time for the weekly round up of enlightening posts from my fellow New York blawgers: Indignant Indigent (there's a slew of new posts not featured here, so head on...

Generally Speaking, Death By Speeding Not a Crime

Posted on May 04, 2008
Last week, the New York Court of Appeals handed down its decision in People v. Cabrera, 2008 NY Slip Op 03994. I wrote about this case in my Daily Record column last September and was quoted in March...

Define That Term #281

Posted on May 04, 2008
Last week's term was sprinkling trust, which is defined as: A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she...

Up & Coming Attorneys

Posted on May 04, 2008
Once again, Sui Generis' partner, The Daily Record, is seeking nominations for the Up & Coming Attorneys for 2008. Each year, The Daily Record spotlights some of the younger attorneys in the...

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The New York Legal News Round Up

Posted on April 30, 2008
The work week is more than halfway over and that means it's time for the round up of New York law-related headlines from the past week: Chief Judge Writes N.Y. Governor to Deny Work 'Slowdown' by...

Voices From the Grave

Posted on April 29, 2008
This week's Daily Record column is entitled "Voices from the grave." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can be accessed...

The New York Legal Blog Round Up

Posted on April 28, 2008
The weekend is long gone, and that means that it's time for the weekly round up of interesting and informative posts from my fellow New York blawgers: Indignant Indigent: Some Recent Decisions From...

Define That Term #280

Posted on April 27, 2008
Last week's term was eggshell skull, which is defined as: A hypothetical medical condition used to illustrate the idea that if you are at fault when you injure someone, you are responsible for all...

Mining for Metadata in New York?

Posted on April 27, 2008
In the smack down of the decade, the New York County Lawyer's Association Ethics Committee butts head with the American Bar Association Ethics Committee on the issue of mining for metadata...

The New York Legal News Round Up

Posted on April 23, 2008
It's the middle of the week and time for the round up of interesting New York news headlines from the past week: Woman claims Victoria's Secret stole her bra (Reuters) NY Lawyer Faces Slander Suit...

The Lawsuit That Never Should Have Been

Posted on April 22, 2008
This week's Daily Record column is entitled "The lawsuit that never should have been." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles...

The New York Legal Blog Round Up

Posted on April 21, 2008
It's time for weekly round up of interesting posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: Attorney Discipline, Suspension and Legal Malpractice New York Civil Law:...

Define That Term #279

Posted on April 20, 2008
Last week's term was words of procreation, which is defined as: Language used to leave property to a person and his or her descendants, which typically take the form "to A, and the heirs of his...

Statute of Limitations and Emotional Distress Claims

Posted on April 20, 2008
Statute of limitations cases always interest me, since they present unique issues, and Schultes v Kane 2008 NY Slip Op 03271 is just such a case. Schultes offers an unusual factual scenario, and...

New York Legal News Round Up

Posted on April 16, 2008
I'm enjoying this absolutely beautiful Wednesday as I blog from my deck and my kids swing on the swing set in the backyard. I think that Spring has finally arrived in Upstate New York. Of course,...

Lawyering Is Quite the Balancing Act

Posted on April 15, 2008
This week's Daily Record column is entitled "Practicing Law in the 21st Century." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can...

The New York Legal Blog Round Up

Posted on April 14, 2008
It's time, once again, for the weekly round up of interesting posts from my fellow New York law bloggers: Indignant Indigent: AD 4th Dept: Selected Decisions of March 21, 2008 New York Attorney...

Are Blood Test Results Obtained Via Warrant Protected by the Physician-Patient Privilege?

Posted on April 13, 2008
People v. Elysee, 49 A.D.3d 33, 847 N.Y.S.2d 654 (2d Dept. 2007) is an interesting case. The defendant was involved in an automobile accident which involved a fatality. Shortly thereafter, the...

Defined That Term #278

Posted on April 13, 2008
Last Sunday's term was dedimus potestatum, which is defined as: An outdated legal procedure that permitted a party to take and record the testimony of a witness before trial, but only when that...

Judge Kaye Sues to Obtain Pay Increase for New York Judges

Posted on April 10, 2008
Judge Kaye has thrown down the gauntlet and followed through on her promise to sue to enforce a pay increase for New York State judges. A copy of the Summons and Complaint can be accessed here. As...

The New York Legal News Round Up

Posted on April 09, 2008
Spring has finally sprung! It's about time. It's also time for the weekly round up of interesting law-related New York headlines: Downtown Rochester might draw a law school (Democrat & Chronicle) NY...

Practicing Law in the 21st Century

Posted on April 08, 2008
This week's Daily Record column is entitled "Practicing Law in the 21st Century." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can...

Define That Term #277

Posted on April 07, 2008
Last week's term was nolle prosequi, which is defined as: Latin for "we shall no longer prosecute." At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he...

The New York Legal Blog Round Up

Posted on April 07, 2008
It's a semi-nice almost-Spring day in Upstate New York, and time for the weekly round up of interesting posts from my fellow New York law bloggers: New York Attorney Malpractice Blog: Actual...

NYS 2007 Codes Available Online

Posted on April 04, 2008
The 2007 New York State Codes are now available for free online here. Included are provisions governing Building, Fire Prevention and Energy construction in New York State. Thanks to the NYSBA...

The New York Legal News Round Up

Posted on April 02, 2008
It's the middle of the week and time for the weekly round up of interesting New York law-related headlines: Hotel Bedbugs Don't Warrant Punitive Damages, NY Judge Decides (Law.com) Woody Allen Sues...

Futile Degradation

Posted on April 01, 2008
This week's Daily Record column is entitled "Futile Degradation." The article is set forth in full below and a pdf of the article can be found here. My past Daily Record articles can be accessed...

Other NY Legal Blogs

Posted on March 31, 2008
I'm in the process of revising my "New York Law Blogs" blogroll, since a number of the blogs listed there right now are defunct. It's been a while since I updated my blogroll and I know that there...

The New York Legal Blog Round Up

Posted on March 31, 2008
It's time for the weekly round up of interesting posts from my fellow New York blawgers: New York Attorney Malpractice Blog: Equitable Subrogation and Legal Malpractice (discusses 4th Dept. decision)...

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