Friday, February 26, 2010

Court of Appeals Watch

The Court of Appeals has granted leave in the following cases:

Bleecker Street Tenants Corp. v. Bleeker Jones LLC: in a bad law school flashback this case involves the rule of perpetuties, in particular, whether the exception to the prohibition against remote vesting of options appurtenant to a lease is applicable to the renewal option clause contained in the parties' lease. 

DaCruz v. Towmasters of New Jersey: whether a prior determination made in a related case in the United States District Court is law of the case and binding on the Appellate Division.  The case also involves the relation back doctrine.   

Rivera v. Kleinman: where the plaintiff claimed that orthopedic hardware inserted during hip surgery began to protrude over a year later causing him pain, whether his failure to have the hardware removed was a superseding cause of his injury.

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