In the Matter of World Trade Center Lower Manhattan Disaster Site Litigation.---------------------------------Stanislaw Faltynowicz, et al., Appellants, State of New York, Intervenor-Appellant,v.Battery Park City Authority, et al., Respondents.---------------------------------Santiago Alvear, Appellant, State of New York, Intervenor-Appellant, v. Battery Park City Authority, Respondent.---------------------------------Peter Curley et al., Appellants, State of New York, Intervenor-Appellant, v. Battery Park City Authority, Respondent.

Brief

40 Cited authorities

Felder v. Casey
487 U.S. 131 (1988) Cited 1,177 times 2 Legal Analyses
Holding that a state law imposing a 120–day notice-of-injury prerequisite for claims against governmental defendants is preempted in actions under 42 U.S.C. § 1983
Clark-Fitzpatrick, Inc. v. Long Island Rail Road
70 N.Y.2d 382 (N.Y. 1987) Cited 2,932 times 1 Legal Analyses
Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."
Hardy v. New York City Health Hosp. Corp.
164 F.3d 789 (2d Cir. 1999) Cited 474 times
Holding that questions of statutory interpretation are reviewed de novo
Wetherill v. Eli Lilly & Co.
89 N.Y.2d 506 (N.Y. 1997) Cited 169 times
Holding that " CPLR § 214–c's reference to ‘discovery of the injury’ was intended to mean discovery of the condition on which the claim was based and nothing more"
Hymowitz v. Lilly Co.
73 N.Y.2d 487 (N.Y. 1989) Cited 208 times 2 Legal Analyses
Holding that relaxation of the traditional product identification requirement in tort law to provide a forum to innocent victims of the drug DES was not a "clearly excessive" burden "in relation to the putative local benefits" and, hence, was not violative of the Commerce Clause
City of New York v. State
86 N.Y.2d 286 (N.Y. 1995) Cited 112 times
Observing "extreme reluctance of courts to intrude in the political relationships between the Legislature, the State and its governmental subdivisions"
Aristy-Farer v. State
2017 N.Y. Slip Op. 5175 (N.Y. 2017) Cited 55 times
06-27-2017 Miriam ARISTY–FARER et al., Respondents, v. STATE of New York et al., Appellants. New Yorkers for Students' Educational Rights ("NYSER") et al., Respondents, v. State of New York et al., Appellants. Eric T. Schneiderman, Attorney General, New York City (Andrew W. Amend, Barbara D. Underwood, Steven C. Wu and Philip V. Tisne of counsel), for appellants. Michael A. Rebell, New York City and Morgan, Lewis & Bockius LLP, New York City (Douglas T. Schwarz, John A. Vassallo, III, Peter Shadzik
Cnty. of Chemung v. Shah
2016 N.Y. Slip Op. 7043 (N.Y. 2016) Cited 40 times
10-27-2016 In the Matter of COUNTY OF CHEMUNG, Respondent, v. Nirav R. SHAH, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Appellants. In the Matter of County of St. Lawrence, Respondent, v. Nirav R. Shah, M.D., M.P.H., as Commissioner of the New York State Department of Health, et al., Appellants. (And Two Other Related Proceedings.) In the Matter of County of Chautauqua, Appellant, v. Nirav R. Shah, M.D., M.P.H., as Commissioner of the New York State Department
Matter Lakeland Dist. v. Onondaga Auth
24 N.Y.2d 400 (N.Y. 1969) Cited 161 times
In Lakeland Water Dist. the challenge was to a resolution by the County Water Authority adopting an across-the-board schedule which increased rates and charges of the authority applicable to all its customers.
In re N.Y. Charter School Assoc
2009 N.Y. Slip Op. 5204 (N.Y. 2009) Cited 25 times
Holding that charter schools are not political subdivisions of the State, and the task of auditing charter schools was not incidental to audits of public school districts
Section 40101 - Policy
49 U.S.C. § 40101 Cited 560 times 20 Legal Analyses
Finding that "providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances" is "in the public interest"

40 Cited authorities

Holding that a state law imposing a 120–day notice-of-injury prerequisite for claims against governmental defendants is preempted in actions under 42 U.S.C. § 1983

Holding that questions of statutory interpretation are reviewed de novo

Holding that " CPLR § 214–c's reference to ‘discovery of the injury’ was intended to mean discovery of the condition on which the claim was based and nothing more"

Holding that relaxation of the traditional product identification requirement in tort law to provide a forum to innocent victims of the drug DES was not a "clearly excessive" burden "in relation to the putative local benefits" and, hence, was not violative of the Commerce Clause

Observing "extreme reluctance of courts to intrude in the political relationships between the Legislature, the State and its governmental subdivisions"

In Lakeland Water Dist. the challenge was to a resolution by the County Water Authority adopting an across-the-board schedule which increased rates and charges of the authority applicable to all its customers.

Holding that charter schools are not political subdivisions of the State, and the task of auditing charter schools was not incidental to audits of public school districts

Finding that "providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances" is "in the public interest"