Publications

In their monthly column in the New York Law Journal, Roy Reardon and Mary Elizabeth McGarry discuss an action brought by the Attorney General's Office, People v. First American Corp., where the Court of Appeals found that the New York statutory and common law claims against real estate appraisal firms were not preempted by federal law. Second, they discuss three appeals the Court resolved from decisions in which the Appellate Division held that, as a matter of law, the evidence the respective plaintiffs presented was insufficient to establish that their injuries from automobile accidents were "serious" as defined in the no-fault statute. In doing so, the Court expressed that, although courts are justifiably skeptical of serious injury claims based upon soft-tissue injuries, the fact finder must resolve issues of witness credibility if certain evidentiary requirements are satisfied. These decisions are discussed, along with the results in several recent criminal appeals.