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Category: Blog: The Westchester Litigator

Westchester Supreme Court Addresses Question of First Impression Under New York’s Child Victim’s Act: Does the CVA’s Revival Statute Apply to Wrongful Death Claims?


In February 2019, New York State enacted the Child Victim’s Act (the “CVA”), which, inter alia, opened a one-year window reviving civil actions based on certain criminal sexual offenses against minors for which the statute of limitations had already run.  The “window” period was thereafter extended for an additional year.  The purpose […]

What Makes a Wage and Hour Attorneys’ Fee Award “Reasonable”? A Multi-Factor Analysis from the Southern District of New York, White Plains Division


In a March 2023 decision arising out of a putative class and collective action under the Fair Labor Standards Act and New York Labor Law, Southern District of New York Judge Philip M. Halpern tackled the “reasonableness” of attorneys’ fees awards in wage and hour settlements.  Both statutes contain fee-shifting […]

To Vacate or Confirm? How Excessive Attorneys’ Fees Award Brought Down an Entire Arbitration Award


Under CPLR 7510-11, judicial review of arbitration awards is limited. Because of our judicial system’s partiality toward resolving issues through alternative dispute resolution mechanisms, courts can only vacate an arbitration award where the plaintiff proves with clear and convincing evidence that the award was irrational, against public policy, or that […]

NYC Council Approves Amendment to the Human Rights Law to Include “Height and Weight” as Protected Under the Discrimination Statute


On May 11, 2023, the New York City Council approved Intro 209–A, a local law amending the New York City administrative code to include “height and weight” as protected characteristics under the Human Rights Law’s discrimination statute.  Key features of the amendment include: Prohibiting discrimination based on one’s height or […]