Legal Research

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Free: Wrongful Convictions And the Right to Counsel
Wednesday, May 6, 2009
By Lewis A. Kaplan

"Southern District Judge Lewis A. Kaplan, in remarks deliever at his acceptance of the Learned Hand Medal of the Federal Bar Council on April 30, 2009, urged his audience to 'remember always that the practice of law is a profession, not simply a business. Professional life involves more than billable hours, profits per partner, and rankings on the American Lawyer charts. It involves more than providing free legal work to a charity or cause in which one happens to believe, important as that can be. The defense of the indigent is a crying need, and it is the responsibility of the bar to see that this need is satisfied.' "

Cooperatives and Condominiums
Wednesday, May 6, 2009
By Richard Siegler and Eva Talel

"Richard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, a partner at Stroock and an adjunct professor at Cardozo Law School, review cases demonstrating that judicial deference continues to be given to co-op and condominium board decisions and challenges to the same summarily dismissed unless a shareholder or unit owner can demonstrate that a board acted in a manner that was not in the best interest of the co-op or condominium, outside the scope of its authority, or in bad faith."

Appellate Practice
Wednesday, May 6, 2009
By Thomas R. Newman and Steven J. Ahmuty, Jr.

"Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty, Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, discuss the rules governing the certification of questions of state law to the New York Court of Appeals from certain federal courts and other courts of last resort, an exception to the time-honored rule that the courts of New York do not issue advisory opinions. "

OUTSIDE COUNSEL:

Health Coverage for Terminated Employees Under New York Law
Wednesday, May 6, 2009
By Steven J. Glaser

" Steven J. Glaser, a partner with Moses & Singer, writes: The availability of continued medical coverage for terminated employees and their dependents has even more significance in these difficult times. Although federal COBRA rights generally garner attention in this area rather than New York law, many small employers in New York are not subject to COBRA rules because they have fewer than 20 employees. Through its role as a regulator of insurance contracts, New York makes available to many employees and their dependents continued coverage that is not available under COBRA, and New York law may impose responsibilities on employers purchasing health care insurance in New York to apprise employees and their dependents of those coverage rights."

Real Estate Trends  

Owner Occupancy Notice Must State Facts, Panel Says
Wednesday, May 6, 2009
By Warren A. Estis and Jeffrey Turkel

"Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, review the recent First Department case of Hirsch v. Stewart, where a building owner unsuccessfully attempted to evict a rent-stabilized tenant after serving a barebones notice of non-renewal that stated only that the owner sought to recover possession of the apartment for his own use without including his reasons - a desire to live closer to work - establishing good faith."