Deerfield, NY -- A homeowner accused of shooting to death two burglars at his rural Oneida County home was likely justified to use deadly force based on two different state laws, the district attorney and a longtime criminal lawyer agreed.Ronald Stolarczyk, 64, was inside his home Tuesday at 6110 Walker Road when he shot to death two burglars, who he says came toward him after he yelled at them to leave, authorities said. Stolarczyk’s lawyer, Mark Wolber, told Syracuse.com | The Post-Standard his client was “scared to death and thought he was going to die.”That can be considered a legitimate reason to use deadly force under New York state law. But there’s another legal reason to kill someone: in defense of your house -- known for ages as the “Castle doctrine.”Killed in Tuesday’s shooting were Patricia Anne Talerico, 57, and her nephew, Nicholas A. Talerico, 27, of Utica.Nicholas Talerico appears to have previously broken into Stolarczyk’s … [Read more...] about Is it legal in New York state to shoot intruders in your home?
New york injury law
Ritchie Torres was appalled. In March, the New York City Council Member learned from the New York Times that the iconic sports and entertainment arena Madison Square Garden, the legendary home to the Knicks and the Rangers and an endless parade of arena performers, has used facial recognition software to scan the faces of spectators upon entrance. Details remain scant, but the technology is meant to identify “problem” attendees by matching their faces to those stored in a database. Using the largely unregulated technology–and not telling the public what was being done with their faces–“radically challenges privacy as we know it,” says Torres, who represents the Bronx. In October, he introduced a bill that aims to bring a modicum of transparency to businesses’ use of the biometric technology, as well as iris and fingerprint scanning, by requiring businesses to conspicuously disclose the use of the technology at business entrances. … [Read more...] about A New York City lawmaker is taking on companies that mine your face
Several attorneys general and legal experts accused New York Thursday of overstepping the law after the state leveled lawsuits against energy companies for supposedly contributing to man-made global warming. Attorneys general from Indiana, Alabama, Texas and several others filed amicus briefs in support of fossil fuels companies as New York City appeals the dismissal of its climate change lawsuit. New York University Law Professor Richard Epstein and the Washington Legal Foundation (WLF) added their support for the companies as well. “New York City’s effort to use New York’s state common law of public nuisance to regulate global climate change presents issues of extraordinary importance to the Amici States, for it attempts to extend New York law across not only the United States, but the entire world,” the states noted. U.S. District Judge John Keenan dismissed the lawsuit in July 2018, arguing that litigating such an action “for injuries … [Read more...] about Legal Experts Accuse New York Climate Crusaders Of Overstepping The Law
There is a crisis in the construction insurance market that is costing New Yorkers billions. Every home, every school, every bridge costs more because of this crisis. Gov. Andrew Cuomo and our elected officials in Albany could fix it with the stroke of a pen, but so far special interests — in particular, the trial lawyers’ lobby — have blocked efforts at reform. The crisis is caused by the so-called “Scaffold Law,” an archaic construction liability law that only exists in New York. The law holds contractors and property owners 100 percent liable for gravity-related construction jobsite injuries, even if they are as little as 1 percent at fault. Such a law runs counter to our most basic principles of justice. The effect of the Scaffold Law is that liability insurance prices for construction projects here in New York are dramatically higher than anywhere else in the county. Worse, with liability untethered from actual fault, and potential million-dollar … [Read more...] about Scaffold Law drives up cost of construction in New York, insurance broker says
Story highlights Danny Cevallos: Sarah Palin has a shot at winning her defamation lawsuit against the NYT Palin could further bolster her claim by showing that the retractions were intentionally incomplete, he writes Danny Cevallos is a CNN legal analyst who practices in the areas of personal injury, wrongful conviction and criminal defense in Pennsylvania, New York and the US Virgin Islands, at the law firms of Cevallos & Wong in Philadelphia, and Edelman & Edelman in New York, where he is Of Counsel. Follow him on Twitter @CevallosLaw. The opinions expressed in this commentary are his. (CNN)Sarah Palin filed a defamation lawsuit against The New York Times on Tuesday alleging that an editorial falsely indicated she incited the 2011 shooting of Democratic Rep. Gabby Giffords and others by Jared Loughner. She might have a case. Danny Cevallos Keep in mind, Sarah Palin is a "public figure" under the law, someone who has assumed a role of special … [Read more...] about Could Sarah Palin beat The New York Times?