New York Case Commentaries

Compliance with IME Scheduling Regulations in No-Fault Insurance: Insights from American Transit Insurance Co. v. Longevity Medical Supply, Inc.

Date: Sep 16, 2015

Compliance with IME Scheduling Regulations in No-Fault Insurance: Insights from American Transit Insurance Co. v. Longevity Medical Supply, Inc. Introduction The legal landscape surrounding no-fault...

Establishing Precedent on Labor Law §241(6) Compliance in Construction Site Injuries: Evandro CUNHA v. Crossroads II

Date: Aug 6, 2015

Establishing Precedent on Labor Law §241(6) Compliance in Construction Site Injuries: Evandro CUNHA v. Crossroads II Introduction The case Evandro CUNHA v. Crossroads II, et al., decided on August 5,...

Clarification of 'First Stabilization Rent' Criteria in Rent Overcharge Litigation

Date: Jul 30, 2015

Clarification of 'First Stabilization Rent' Criteria in Rent Overcharge Litigation Introduction The case of Miriam Velasquez v. New York State Division of Housing and Community Renewal, adjudicated...

Duty of Care to Nonparties in Maintenance Contracts: Insights from Medinas v. Milt Holdings LLC

Date: Jul 10, 2015

Duty of Care to Nonparties in Maintenance Contracts: Insights from Medinas v. Milt Holdings LLC Introduction The case of Dimas Medinas v. Milt Holdings LLC serves as a pivotal reference in...

Affirmation of Assignability of Discharged Bankruptcy Notes and Mortgage Foreclosure Standing

Date: Jul 2, 2015

Affirmation of Assignability of Discharged Bankruptcy Notes and Mortgage Foreclosure Standing Introduction The case of Deutsche Bank Trust Company Americas, etc., v. Stefanos Vitellas, et al....

Statute of Frauds Application in Quantum Meruit Claims: Insights from JF Capital Advisors, LLC v. The Lightstone Group, LLC

Date: Jul 2, 2015

Statute of Frauds Application in Quantum Meruit Claims: Insights from JF Capital Advisors, LLC v. The Lightstone Group, LLC Introduction The case of JF Capital Advisors, LLC v. The Lightstone Group,...

Greater Jamaica Development Corp. v. NYC Tax Commission: Defining Charitable Use Under RPTL §420-a

Date: Jul 2, 2015

Greater Jamaica Development Corp. v. NYC Tax Commission: Defining Charitable Use Under RPTL §420-a Introduction In the landmark case Greater Jamaica Development Corporation et al. v. New York City...

Defining 'Computer Systems Fraud' in Insurance Policies: Excluding Fraudulent Entries by Authorized Users

Date: Jun 26, 2015

Defining 'Computer Systems Fraud' in Insurance Policies: Excluding Fraudulent Entries by Authorized Users Introduction The case of Universal American Corp. v. National Union Fire Insurance Company of...

Taggart v. Costabile: Redefining Negligent Infliction of Emotional Distress in New York Law

Date: Jun 25, 2015

Taggart v. Costabile: Redefining Negligent Infliction of Emotional Distress in New York Law Introduction In the landmark case of John Taggart, et al., respondents, v. Ralph Costabile, et al.,...

Affirmation of Sufficiency of Evidence in Controlled Substance Cases: PEOPLE v. Gregory Lee

Date: Jun 19, 2015

Affirmation of Sufficiency of Evidence in Controlled Substance Cases: PEOPLE v. Gregory Lee Introduction In the seminal case of PEOPLE of the State of New York v. Gregory Lee (129 A.D.3d 1295),...

Nonrenewal Notice Waiver in Rent Stabilization: Georgetown Unsold Shares, LLC v. Arlene Ledet

Date: Jun 18, 2015

Nonrenewal Notice Waiver in Rent Stabilization: Georgetown Unsold Shares, LLC v. Arlene Ledet Introduction The case of Georgetown Unsold Shares, LLC v. Arlene Ledet addresses a pivotal issue in New...

Establishing Prima Facie Entitlement in No-Fault Insurance Claims: Vi v. Country-Wide Insurance Co.

Date: Jun 11, 2015

Establishing Prima Facie Entitlement in No-Fault Insurance Claims: Vi v. Country-Wide Insurance Co. Introduction In Viviane Etienne Medical Care, P.C., as assignee of Alem Cardenas, Respondent,...

Adequacy of Plea Colloquy for Waiver of Appeal Rights: People v. Sanders

Date: Jun 10, 2015

Adequacy of Plea Colloquy for Waiver of Appeal Rights: People v. Sanders Introduction In the landmark case The People of the State of New York v. Rasaun Sanders, the Court of Appeals of New York...

Enhanced Liability Standards under Labor Law § 240(1) in Construction Site Safety

Date: Jun 4, 2015

Enhanced Liability Standards under Labor Law § 240(1) in Construction Site Safety Introduction The case of Victor DOTO v. ASTORIA ENERGY II, LLC et al. addresses critical aspects of workplace safety...

Affirmation of Property Owners' Duty to Maintain Sidewalk Conditions Beyond Regulatory Perimeters: Shehata v. City of New York, Cable

Date: May 21, 2015

Affirmation of Property Owners' Duty to Maintain Sidewalk Conditions Beyond Regulatory Perimeters: Shehata v. City of New York, Cable Introduction In the landmark case of Therese Shehata et al. v....

Affirming the Validity of Appeal Waivers Covering Denials of Youthful Offender Status in New York – People v. Pacherille

Date: May 13, 2015

Affirming the Validity of Appeal Waivers Covering Denials of Youthful Offender Status in New York – People v. Pacherille Introduction People v. Anthony N. Pacherille is a pivotal case decided by the...

Forged Deeds Are Not Time-Barred: Comprehensive Analysis of Faison v. Lewis

Date: May 13, 2015

Forged Deeds Are Not Time-Barred: Comprehensive Analysis of Faison v. Lewis Introduction The case Dorothy M. Faison, as Administratrix of the Estate of Percy Lee Gogins, Jr., Deceased, Appellant, v....

Affirming Nondelegable Duties and Proximate Cause under Labor Law §240(1): Raul Barreto v. Metropolitan Transportation Authority

Date: May 8, 2015

Affirming Nondelegable Duties and Proximate Cause under Labor Law §240(1): Raul Barreto v. Metropolitan Transportation Authority Introduction In the seminal case of Raul Barreto, Appellant, et al.,...

Application of Res Ipsa Loquitur in Elevator Misleveling Cases: Ezzard v. One East River Place Realty Co.

Date: May 6, 2015

Application of Res Ipsa Loquitur in Elevator Misleveling Cases: Ezzard v. One East River Place Realty Co. Introduction The case of Danielle Ezzard v. One East River Place Realty Company, LLC et al....

Respondeat Superior and Negligent Retention: Insights from Seiden v. Sonstein et al.

Date: Apr 30, 2015

Respondeat Superior and Negligent Retention: Insights from Seiden v. Sonstein et al. Introduction The case of Robert J. Seiden v. William Jeffrey Sonstein et al. serves as a pivotal example in New...

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