New York Case Commentaries

New Precedent on SORA Risk Assessment Guidelines for Child Pornography Offenders

Date: Jun 11, 2014

New Precedent on SORA Risk Assessment Guidelines for Child Pornography Offenders Introduction The Court of Appeals of New York, in its 2014 decision encompassing People v. Gillotti and People v....

Affirming Valid Waiver of Prosecution by Information in Misdemeanor Cases: People v. Dumay

Date: Jun 6, 2014

Affirming Valid Waiver of Prosecution by Information in Misdemeanor Cases: People v. Dumay Introduction People v. Dumay is a landmark decision by the Court of Appeals of New York, delivered on June...

Establishing Rigorous Standards for Defamation by Implication: Stepnov v. Dow Jones

Date: May 30, 2014

Establishing Rigorous Standards for Defamation by Implication: Stepnov v. Dow Jones Introduction Maxim A. Stepnov, et al. v. Dow Jones & Company, Inc. is a landmark case adjudicated by the Supreme...

Reaffirming the Emergency Doctrine in Negligence Claims: Insights from Hill & Hill v. Cash & Riethmiller

Date: May 3, 2014

Reaffirming the Emergency Doctrine in Negligence Claims: Insights from Hill & Hill v. Cash & Riethmiller Introduction The case of Charles R. Hill and Cathy Hill, Individually and as Husband and Wife,...

Assumption of Risk in Fitness Center Injuries: Rosenblatt v. Eastern Athletic Club

Date: May 1, 2014

Assumption of Risk in Fitness Center Injuries: Rosenblatt v. Eastern Athletic Club Introduction In the case of Eleanor Rosenblatt v. St. George Health and Racquetball Associates, LLC, d/b/a Eastern...

Establishing Triable Issues in Medical Malpractice: Insights from Rafia Ahmed v. John Pannone et al.

Date: Apr 17, 2014

Establishing Triable Issues in Medical Malpractice: Insights from Rafia Ahmed v. John Pannone et al. Introduction The case of Rafia Ahmed, et al. v. John Pannone, et al. (984 N.Y.S.2d 104)...

Walsh et al. v. Wwebnet Inc.: Elevating Standards for Derivative Actions Under BCL § 626(c)

Date: Apr 17, 2014

Walsh et al. v. Wwebnet Inc.: Elevating Standards for Derivative Actions Under BCL § 626(c) Introduction In Walsh et al. v. Wwebnet Inc., decided on April 16, 2014, the New York Supreme Court,...

Delay in Seeking Default Judgment: Insights from PIPINIAS v. SACKARIS & SONS, INC.

Date: Apr 10, 2014

Delay in Seeking Default Judgment: Insights from Pipinias v. Sackaris & Sons, Inc. Introduction In the landmark case of Ioannis Pipinias v. J. Sackaris & Sons, Inc., et al. (983 N.Y.S.2d 587), the...

Kapon v. Koch: Clarifying Burdens in Subpoena Requests under CPLR 3101(a)(4)

Date: Apr 4, 2014

Kapon v. Koch: Clarifying Burdens in Subpoena Requests under CPLR 3101(a)(4) Introduction The case of Kapon v. Koch ([2014] 23 N.Y.3d 32) represents a pivotal moment in New York's legal landscape...

Hoover v. New Holland: Upholding Design Defect Claims Against Third-Party Modifications

Date: Apr 2, 2014

Hoover v. New Holland: Upholding Design Defect Claims Against Third-Party Modifications Introduction In the landmark case of Hoover et al. v. New Holland North America, Inc. (988 N.Y.S.2d 543), the...

Riverhead v. DEC: Establishing Procedural Standing in Environmental Regulation Challenges

Date: Apr 2, 2014

Riverhead v. DEC: Establishing Procedural Standing in Environmental Regulation Challenges Introduction In the landmark case In the Matter of the ASSOCIATION FOR A BETTER LONG ISLAND, Inc., et al.,...

Biotronik A.G. v. Conor Medsystems Ireland, Ltd.: Establishing Lost Profits as General Damages

Date: Mar 28, 2014

Biotronik A.G. v. Conor Medsystems Ireland, Ltd.: Establishing Lost Profits as General Damages Introduction In the landmark case of Biotronik A.G. v. Conor Medsystems Ireland, Ltd., adjudicated by...

Reaffirming the Frye Standard's Role in Causation for Mold Exposure Claims: Cornell v. 360 West 51st Street Realty

Date: Mar 28, 2014

Reaffirming the Frye Standard's Role in Causation for Mold Exposure Claims: Cornell v. 360 West 51st Street Realty Introduction The case of Brenda Cornell v. 360 West 51st Street Realty, LLC, et al....

Interactive Process Requirement in Disability Accommodation: Jacobsen v. NYC Health & Hospitals Corp.

Date: Mar 28, 2014

Interactive Process Requirement in Disability Accommodation: Jacobsen v. New York City Health & Hospitals Corporation Introduction Jacobsen v. New York City Health & Hospitals Corporation is a...

Rigorous Enforcement of Fiduciary Duties in New York LLCs: Insights from Lee Pokoik v. Gary Pokoik

Date: Mar 7, 2014

Rigorous Enforcement of Fiduciary Duties in New York LLCs: Insights from Lee Pokoik v. Gary Pokoik Introduction In the landmark case of Lee Pokoik, etc., Plaintiff–Respondent–Appellant, v. Gary...

Defining 'Forcible Touching' in New York: Insights from People v. Guaman

Date: Feb 26, 2014

Defining 'Forcible Touching' in New York: Insights from People v. Guaman Introduction People v. Guaman, 985 N.Y.S.2d 209 (Court of Appeals of New York, 2014), is a seminal case that offers a...

Establishing Special Relationships in Insurance Brokerage: New Legal Insights from Voss v. Netherlands Insurance Company

Date: Feb 26, 2014

Establishing Special Relationships in Insurance Brokerage: New Legal Insights from Voss v. Netherlands Insurance Company Introduction The case of Deborah Voss et al. v. The Netherlands Insurance...

Exigent Circumstances Required for Warrantless Searches Incident to Arrest: Analysis of People v. Jimenez

Date: Feb 26, 2014

Exigent Circumstances Required for Warrantless Searches Incident to Arrest: Analysis of People v. Jimenez Introduction The case of PEOPLE of the State of New York v. Josefina Jimenez (985 N.Y.S.2d...

Maintaining Grand Jury Integrity: The Role of Prosecutorial Discretion in PEOPLE v. THOMPSON

Date: Feb 21, 2014

Maintaining Grand Jury Integrity: The Role of Prosecutorial Discretion in PEOPLE v. THOMPSON Introduction PEOPLE v. THOMPSON, decided by the Court of Appeals of New York on February 20, 2014,...

Enhancing Worker Safety: The Implications of Fabrizi v. 1095 Avenue of the Americas, L.L.C.

Date: Feb 21, 2014

Enhancing Worker Safety: The Implications of Fabrizi v. 1095 Avenue of the Americas, L.L.C. Introduction The case of Richard Fabrizi v. 1095 Avenue of the Americas, L.L.C., et al. (985 N.Y.S.2d 416)...

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