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Court upholds constitutionality of hotel room occupancy tax applicable to online booking services

USA - January 7 2014 Was the City of New York authorized to amend the hotel occupancy tax to cover revenue from fees charged by "online" booking services? Answer:…

Victor M. Metsch.

Distinction between “residence” and “domicile” determinative of gun licensing application

USA - January 7 2014 Was a part-time resident of New York, permanently domiciled elsewhere, eligible for a New York handgun license? Answer: Yes. In Osterweil v. Bartlett…

Victor M. Metsch.

No “laches” defense to action seeking recovery of ancient artifact

USA - January 7 2014 Was an action seeking to recover a 3,000-year-old artifact that was missing from an estate for 58 years barred by the doctrine of "laches"? Answer:…

Victor M. Metsch.

Court draws distinction between commercial and other window cleaning in determining labor law liability

USA - January 7 2014 Was an employee of a commercial cleaning company engaged, at the time of his fall, in a type of cleaning covered by Labor Law § 240(1)? Answer:…

Victor M. Metsch.

CPLR § 5222-a does not support private cause of action based upon bank’s failure to comply

USA - January 7 2014 Does CPLR § 5222-a create a private cause of action that may be enforced in a plenary action? Answer: No. In Cruz v. TD Bank, N.A., 2013 NY Slip…

Victor M. Metsch.