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  • Commentaries
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New York Case Commentaries

Affirmation of Aggravated Driving While Intoxicated Conviction in People v. Colburn

Affirmation of Aggravated Driving While Intoxicated Conviction in People v. Colburn

Date: Dec 19, 2014
Affirmation of Aggravated Driving While Intoxicated Conviction in People v. Colburn Introduction People v. Colburn is a pivotal case decided by the Supreme Court, Appellate Division, Third Department...
Exemption of Homeowners from Nondelegable Safety Duties: Insights from George A. Peck Jr. v. Szwarcberg

Exemption of Homeowners from Nondelegable Safety Duties: Insights from George A. Peck Jr. v. Szwarcberg

Date: Nov 27, 2014
Exemption of Homeowners from Nondelegable Safety Duties: Insights from George A. Peck Jr. v. Szwarcberg Introduction The case of George A. Peck Jr., Individually and as Administrator of the Estate of...
Establishing Constructive Possession: Insights from The People v. Ke

Establishing Constructive Possession: Insights from The People v. Ke

Date: Nov 27, 2014
Establishing Constructive Possession: Insights from The People v. Ke Introduction The People v. Ke (998 N.Y.S.2d 232) is a significant appellate decision from the Supreme Court, Appellate Division,...
Class Action Eligibility for Compensatory Overcharges under CPLR 901(b) and Rent Stabilization Law

Class Action Eligibility for Compensatory Overcharges under CPLR 901(b) and Rent Stabilization Law

Date: Nov 25, 2014
Class Action Eligibility for Compensatory Overcharges under CPLR 901(b) and Rent Stabilization Law Introduction The case of Lorraine Borden, et al. v. 400 East 55th Street Associates, L.P., et al.,...
Exemption of Rent-Stabilized Leases as Local Public Assistance Benefits in Bankruptcy

Exemption of Rent-Stabilized Leases as Local Public Assistance Benefits in Bankruptcy

Date: Nov 21, 2014
Exemption of Rent-Stabilized Leases as Local Public Assistance Benefits in Bankruptcy Introduction The case of Mary Veronica Santiago–Monteverde v. Pereira, adjudicated by the Court of Appeals of New...
Affirmation of Dismissal Due to Insufficient Personal Jurisdiction in Frank Paterno v. Laser Spine Institute

Affirmation of Dismissal Due to Insufficient Personal Jurisdiction in Frank Paterno v. Laser Spine Institute

Date: Nov 21, 2014
Affirmation of Dismissal Due to Insufficient Personal Jurisdiction in Frank Paterno v. Laser Spine Institute Introduction In the case of Frank Paterno v. Laser Spine Institute et al., decided on...
Tax Exemption Affirmed for Nonprofit Arts Organizations: The Merry-Go-Round Playhouse Precedent

Tax Exemption Affirmed for Nonprofit Arts Organizations: The Merry-Go-Round Playhouse Precedent

Date: Nov 19, 2014
Tax Exemption Affirmed for Nonprofit Arts Organizations: The Merry-Go-Round Playhouse Precedent Introduction The case of Merry-Go-Round Playhouse, Inc. v. Assessor of City of Auburn et al. (24 N.Y.3d...
Defamation in Sports: Boeheim’s Statements Recognized as Defamatory Under New Precedent

Defamation in Sports: Boeheim’s Statements Recognized as Defamatory Under New Precedent

Date: Oct 22, 2014
Defamation in Sports: Boeheim’s Statements Recognized as Defamatory Under New Precedent Introduction The case of Robert Davis et al. v. James Boeheim et al. (24 N.Y.3d 262) adjudicated by the Court...
Reaffirmation of Labor Law Compliance Standards in Construction Accidents: Ginter v. Flushing Terrace, LLC

Reaffirmation of Labor Law Compliance Standards in Construction Accidents: Ginter v. Flushing Terrace, LLC

Date: Oct 16, 2014
Reaffirmation of Labor Law Compliance Standards in Construction Accidents: Ginter v. Flushing Terrace, LLC Introduction The case of Adam Marian Ginter, etc., v. Flushing Terrace, LLC, et al. serves...
Validity of Appeal Waivers in Guilty Pleas: Insights from The People v. Jamarr Brown

Validity of Appeal Waivers in Guilty Pleas: Insights from The People v. Jamarr Brown

Date: Sep 11, 2014
Validity of Appeal Waivers in Guilty Pleas: Insights from The People v. Jamarr Brown Introduction The People v. Jamarr Brown, 992 N.Y.S.2d 297 (N.Y. App. Div. 2014), addresses the critical issue of...
Documentary Evidence Standards in Misrepresentation Claims: Analysis of Amsterdam Hospitality Group v. Marshall-Alan Associates

Documentary Evidence Standards in Misrepresentation Claims: Analysis of Amsterdam Hospitality Group v. Marshall-Alan Associates

Date: Aug 29, 2014
Documentary Evidence Standards in Misrepresentation Claims: Analysis of Amsterdam Hospitality Group v. Marshall-Alan Associates Introduction The case of Amsterdam Hospitality Group, LLC,...
Affirming Oral Joint Venture Agreements and the Limits of Documentary Evidence under CPLR 3211(a): Insights from Art and Fashion Group Corp. v. Cyclops Production, Inc.

Affirming Oral Joint Venture Agreements and the Limits of Documentary Evidence under CPLR 3211(a): Insights from Art and Fashion Group Corp. v. Cyclops Production, Inc.

Date: Aug 29, 2014
Affirming Oral Joint Venture Agreements and the Limits of Documentary Evidence under CPLR 3211(a): Insights from Art and Fashion Group Corp. v. Cyclops Production, Inc. Introduction The case of Art...
CPLR 2309(c) Certificates of Conformity for Out-of-State Affidavits: Clarifications from MidFirst Bank v. Agho

CPLR 2309(c) Certificates of Conformity for Out-of-State Affidavits: Clarifications from MidFirst Bank v. Agho

Date: Aug 14, 2014
CPLR 2309(c) Certificates of Conformity for Out-of-State Affidavits: Clarifications from MidFirst Bank v. Agho Introduction The case of MidFirst Bank, appellant, v. Mable Agho, et al., defendants...
Enforcement of Good Faith Negotiations in Mortgage Foreclosure: Insights from U.S. Bank National Association v. Sarmiento

Enforcement of Good Faith Negotiations in Mortgage Foreclosure: Insights from U.S. Bank National Association v. Sarmiento

Date: Jul 31, 2014
Enforcement of Good Faith Negotiations in Mortgage Foreclosure: Insights from U.S. Bank National Association v. Sarmiento Introduction The case of U.S. Bank National Association, etc., appellant, v....
Defamation and Actual Malice: Analyzing *Martin v. Daily News L.P.*

Defamation and Actual Malice: Analyzing *Martin v. Daily News L.P.*

Date: Jul 18, 2014
Defamation and Actual Malice: Analyzing Martin v. Daily News L.P. Introduction In the high-stakes realm of defamation law, the case of Larry D. Martin v. Daily News L.P., et al. stands as a pivotal...
Collateral Estoppel in Paternity Proceedings: Analysis of Susan UU. v. Scott VV.

Collateral Estoppel in Paternity Proceedings: Analysis of Susan UU. v. Scott VV.

Date: Jul 11, 2014
Collateral Estoppel in Paternity Proceedings: Analysis of Susan UU. v. Scott VV. Introduction The case In the Matter of Susan UU., Appellant, v. Scott VV., Respondent (990 N.Y.S.2d 655), adjudicated...
Crane Co. Liability Affirmed for Asbestos Exposure Through Knowledge and Standardization Practices

Crane Co. Liability Affirmed for Asbestos Exposure Through Knowledge and Standardization Practices

Date: Jul 4, 2014
Crane Co. Liability Affirmed for Asbestos Exposure Through Knowledge and Standardization Practices Introduction The appellate decision in In re NEW YORK CITY ASBESTOS LITIGation addresses the complex...
Reinstating Constructive Trust Claims in Fiduciary Relationships: Insights from Canzona v. Atanasio

Reinstating Constructive Trust Claims in Fiduciary Relationships: Insights from Canzona v. Atanasio

Date: Jun 19, 2014
Reinstating Constructive Trust Claims in Fiduciary Relationships: Insights from Canzona v. Atanasio Introduction In the landmark case Christopher Canzona v. Charles Atanasio, et al. (989 N.Y.S.2d...
Establishing Guidelines for SORA Risk Assessments in Child Pornography Cases: Insights from People v. Gillotti and People v. Fazio

Establishing Guidelines for SORA Risk Assessments in Child Pornography Cases: Insights from People v. Gillotti and People v. Fazio

Date: Jun 11, 2014
Establishing Guidelines for SORA Risk Assessments in Child Pornography Cases: Insights from People v. Gillotti and People v. Fazio Introduction The cases of People v. Gillotti and People v. Fazio...
New Precedent on No-Action Clauses: Securityholders' Independent Claims Remain Unaffected Under New York Law

New Precedent on No-Action Clauses: Securityholders' Independent Claims Remain Unaffected Under New York Law

Date: Jun 11, 2014
New Precedent on No-Action Clauses: Securityholders' Independent Claims Remain Unaffected Under New York Law Introduction The case of Quadrant Structured Products Co., Ltd. v. Indu established a...
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