Holding that the legislative history of Vehicle and Traffic Law § 1103 evinces an intent to impose “a minimum standard of care” on operators of vehicles engaged in roadwork
In Erlbaum, the Court of Appeals clearly stated that declaratory relief may not be sought by a criminal defendant for the purpose of “attacking a criminal court's interlocutory ruling” (Erlbaum, 59 N.Y.2d at 151–152, 464 N.Y.S.2d 392, 451 N.E.2d 150).
2012 N.Y. Slip Op. 4207 (N.Y. 2012) Cited 53 times
In Weiner v. City of New York, 19 N.Y.3d 852, 947 N.Y.S.2d 404, 970 N.E.2d 427 (2012), the plaintiff, who was employed by the New York City Fire Department as an emergency medical technician, was injured while responding to a report of an injured person.
Finding that a portion of Banking Law § 100–c would be meaningless if applied prospectively only, given the statute's reference to EPTL § 11–2.2(b), which contains a specific date, thus warranting a retroactive application of the statute
In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."
Responding entity must certify that it does not possess a requested document and that it could not be located after a diligent search if not produced or subject to a request denial