New York Case Commentaries

Reinforcing Amendment Flexibility under General Municipal Law §50-e(2): Hernandez-Panell v. City of New York

Date: Nov 28, 2024

Reinforcing Amendment Flexibility under General Municipal Law §50-e(2): Hernandez-Panell v. City of New York Introduction Maria Hernandez-Panell v. City of New York, et al. (2024 N.Y. Slip Op. 5962)...

Affirmation of Asset Forfeiture Conditions in Plea Agreements: People v. Randolph

Date: Nov 28, 2024

Affirmation of Asset Forfeiture Conditions in Plea Agreements: People v. Randolph Introduction The case of The People of the State of New York, Respondent, v. Robert W. Randolph, Appellant (2024 N.Y....

Termination of Parental Rights Based on Abandonment: Insights from Tiyani AA. v Schenectady County DSS

Date: Nov 28, 2024

Termination of Parental Rights Based on Abandonment: Insights from Tiyani AA. v. Schenectady County Department of Social Services Introduction The case of Tiyani AA., Alleged to be an Abandoned Child...

Affirmation of Nondelegable Duties and Summary Judgment Standards in Labor Law Violations

Date: Nov 28, 2024

Affirmation of Nondelegable Duties and Summary Judgment Standards in Labor Law Violations Introduction The case of Roger Mejia v. 69 Mamaroneck Road Corp., et al. scrutinizes the application of New...

Defining Aggrievement for Appellate Standing: Van Gaasbeck v. Ranieri, Light & O'Dell

Date: Nov 28, 2024

Defining Aggrievement for Appellate Standing: Van Gaasbeck v. Ranieri, Light & O'Dell Introduction In the case of Trista Santiago, Plaintiff, v. General Motors LLC, et al., Defendants. Stephen E. Van...

Comprehensive Commentary on Zwicklbauer v. Hannigan: Navigating Child Support Obligations Beyond the Statutory Cap

Date: Nov 28, 2024

Navigating Child Support Obligations Beyond the Statutory Cap: Insights from Zwicklbauer v. Hannigan Introduction The recent decision in In the Matter of Jessica Zwicklbauer, Respondent, v. Trevor...

Reaffirmation of Permanent Neglect Standards under Social Services Law §384-b: Insights from the Carmela D. Case

Date: Nov 28, 2024

Reaffirmation of Permanent Neglect Standards under Social Services Law §384-b: Insights from the Carmela D. Case Introduction The landmark judgment in In the Matter of Carmela D. and Another...

Establishing Standards for Contraband Promotion in Correctional Facilities: People v. Willie Henley

Date: Nov 28, 2024

Establishing Standards for Contraband Promotion in Correctional Facilities: People v. Willie Henley Introduction Case: The People of the State of New York, Respondent, v. Willie Henley, Appellant....

Enhancing Youthful Offender Consideration: Insights from People v. Cha-Narion D.

Date: Nov 28, 2024

Enhancing Youthful Offender Consideration: Insights from People v. Cha-Narion D. Introduction People of the State of New York, Respondent, v. Cha-Narion D., Appellant is a landmark case adjudicated...

Oral Loan Agreements and Statute of Frauds: Insights from Cancilla v. O'Rourke

Date: Nov 28, 2024

Oral Loan Agreements and Statute of Frauds: Insights from Cancilla v. O'Rourke Introduction Cancilla v. O'Rourke, 2024 N.Y. Slip Op. 5931, is a significant case adjudicated by the Supreme Court of...

Reaffirming Substantial Evidence Standard for Labor Market Attachment in Workers' Compensation Claims

Date: Nov 28, 2024

Reaffirming Substantial Evidence Standard for Labor Market Attachment in Workers' Compensation Claims Introduction The case of Miroslav Lapan v. Trade Winds Environmental et al. (2024 N.Y. Slip Op....

Affirming Affirmative Defenses in Trust Beneficiary Disputes: A Comprehensive Analysis of Falck Trust Case (2024 N.Y. Slip Op. 5924)

Date: Nov 28, 2024

Affirming Affirmative Defenses in Trust Beneficiary Disputes: A Comprehensive Analysis of Falck Trust Case (2024 N.Y. Slip Op. 5924) Introduction The case of In the Matter of the Trust Made by...

Respondeat Superior Doctrine Reinforced in Weber v. Sharma et al.

Date: Nov 28, 2024

Respondeat Superior Doctrine Reinforced in Weber v. Sharma et al. Introduction In the case of Brian Weber, et al. v. Puja Sharma, et al. (2024 N.Y. Slip Op. 6001), the Supreme Court of New York,...

Appropriate Remedies for Late Discovery Under CPL Article 245: Upholding Trial Adjournment

Date: Nov 28, 2024

Appropriate Remedies for Late Discovery Under CPL Article 245: Upholding Trial Adjournment Introduction The case of The People of the State of New York v. Jeremiah L. Jordan (2024 N.Y. Slip Op. 5918)...

Establishing New Guidelines for Scheduling Orders and Extensions in Actively Managed Appeals

Date: Nov 28, 2024

Establishing New Guidelines for Scheduling Orders and Extensions in Actively Managed Appeals Introduction In the landmark case titled In the Matter of Scheduling Orders and Applications for...

Prioritizing Deed Calls to Natural and Artificial Landmarks in Boundary Disputes: Zwack Jr. v. Hunt

Date: Nov 28, 2024

Prioritizing Deed Calls to Natural and Artificial Landmarks in Boundary Disputes: Zwack Jr. v. Hunt Introduction The case of Frank Zwack Jr. et al. v. Judy Hunt et al. (2024 N.Y. Slip Op. 5926)...

Limitation on Appeal Rights Under the Domestic Violence Survivors Justice Act: A Commentary on People v. Melissa OO.

Date: Nov 28, 2024

Limitation on Appeal Rights Under the Domestic Violence Survivors Justice Act: A Commentary on People v. Melissa OO. Introduction The case The People of the State of New York v. Melissa OO. (2024...

Mandatory Cancellation of Notice of Pendency Post-Foreclosure: A Comprehensive Analysis of 41st Road Properties, LLC v. Wang Real Property, LLC

Date: Nov 28, 2024

Mandatory Cancellation of Notice of Pendency Post-Foreclosure: A Comprehensive Analysis of 41st Road Properties, LLC v. Wang Real Property, LLC Introduction The case of 41st Road Properties, LLC v....

Limits to Red Light Camera Fines Clarified Under VTL §1111-b: McGrath v. Suffolk County

Date: Nov 28, 2024

Limits to Red Light Camera Fines Clarified Under VTL §1111-b: McGrath v. Suffolk County Introduction Robert McGrath, Jr., et al. v. Suffolk County, et al. is a landmark case adjudicated by the...

Shifting Tort Liability for Defective Sidewalks: Insights from Jose A. Santiago v. 527 Grand, LLC

Date: Nov 28, 2024

Shifting Tort Liability for Defective Sidewalks: Insights from Jose A. Santiago v. 527 Grand, LLC Introduction The case of Jose A. Santiago v. 527 Grand, LLC, et al. adjudicated by the Supreme Court...