Recent cases of importance to you and your practice.
February 25, 2005ALM Staff | Law Journal Newsletters |
All the latest cases for your review.
February 25, 2005ALM Staff | Law Journal Newsletters |Although New York courts have long-recognized that "an easement created by grant may be extinguished by adverse possession" (See Harlem Commonwealth Council, Inc. v. Thomas Memorial Wesleyan Methodist Church, 10 A.D.3d 572 (1st Dep't 2004); Spiegel v. Ferraro, 73 N.Y.2d 622, 625 (1989); Gerbig v. Zumpano, 7 N.Y.2d 327 (1960)), a different rule has been applied to "unopened" easements -- ie, easements that have been created by grant but have remained unused. Generally, a possession will not be deemed adverse to an unopened easement or right of way until three conditions have been satisfied. These conditions are: 1) the need by the easement holder for the right of way has arisen; 2) a demand has been made by the easement holder that the right of way be opened; and 3) the servient tenant (property owner) has refused the demand. Castle Associates v. Schwartz, 63 A.D.2d 481 (2d Dep't 1978).
February 25, 2005Eric D. Cherches, Alan M. Tarter, and Andrew N. KrinskyRecent rulings you need to know.
February 25, 2005ALM Staff | Law Journal Newsletters |In April 2004, President Bush called for development of a nationwide electronic health records system that would include most Americans' health data within 10 years. He took some steps then to get the ball rolling, but funding for the program was cut in November as part of a plan to balance the federal budget. However, in the first months of 2005, Bush renewed his push for reforms, which he asserts will cut health care costs and reduce medical errors.
February 25, 2005ALM Staff | Law Journal Newsletters |National news items of interest to you and your practice.
February 25, 2005ALM Staff | Law Journal Newsletters |Tort reform is a hot topic all over the country, with advocates on both sides of the issue citing to particular cases and their outcomes as evidence for why damages should or should not be limited. Reforms other than damage caps are also being made or proposed, such as limitations on who may testify as a witness, on which cases can actually go to trial and on whether arbitration must first be attempted before trail can commence, among others.
February 25, 2005Greg BluesteinRecent research suggests that attorneys evaluating claims involving newborn neurologic damage and cerebral palsy should also be looking at a new potential cause of such conditions. Some research suggests that physiological problems in certain mothers - and perhaps fetuses themselves -- actually contribute to neonatal encephalopathy or cerebral palsy that previously would have been assumed to be the result of intrapartum asphyxia, infections, metabolic defects, developmental malformations, or some other cause.
February 25, 2005Lori G. Cohen and Joshua L. Becker