Monthly Archives: August 2015

New York Court of Appeals Decisions Updates – Issue 8

We recently published a new edition of New York Court of Appeals Decisions Updates.  Click here to read them online.

Battle On The Bench

Our legal system operates on the expectation that there is a rule of law that stands as a clear and unambiguous guidepost for retrospectively judging the conduct of our personal and business affairs.  However, that assumption is regularly and routinely tested by the fact that our judges often cannot agree on the application of the law to an undisputed and finite set of facts.

A recent decision by the Appellate Division in Wyle Inc. v. ITT Corp., 2015 NY Slip Op 05877 (decided on July 7, 2015), illustrates the enigma where the three-judge majority (Mazzarelli, J.P., DeGrasse and Mazonet-Daniels, J.J.) and the lone dissenter (Moskowitz, J.J.)  emphatically debated and categorically disagreed on the legal standard to be applied to the undisputed documentary facts.

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