New York Case Commentaries

Establishing the Non-Voluntariness of Confessions Obtained via Coercive Deception: People v. Thomas

Date: Feb 21, 2014

Establishing the Non-Voluntariness of Confessions Obtained via Coercive Deception: People v. Thomas Court: Court of Appeals of New York Decision Date: February 20, 2014 Introduction In The People of...

Admissibility of Prior Uncharged Crimes in Sexual Abuse Cases: Insights from PEOPLE v. BROWN

Date: Feb 21, 2014

Admissibility of Prior Uncharged Crimes in Sexual Abuse Cases: Insights from PEOPLE v. BROWN Introduction In the landmark case of PEOPLE of the State of New York v. Richard Brown, the Supreme Court,...

Discretion in Mental Capacity Assessment for Pro Se Representation Confirmed in PEOPLE v. Alias Stone

Date: Feb 14, 2014

Discretion in Mental Capacity Assessment for Pro Se Representation Confirmed in PEOPLE of NY v. Alias Stone Introduction In PEOPLE of the State of New York v. Alias Stone, the Court of Appeals of New...

Fraud Claims Survive Ambiguous Arbitration Clauses: Insights from Basis Yield Alpha Fund v. Goldman Sachs

Date: Jan 31, 2014

Fraud Claims Survive Ambiguous Arbitration Clauses: Insights from Basis Yield Alpha Fund v. Goldman Sachs Introduction The case of Basis Yield Alpha Fund (Master) v. Goldman Sachs Group, Inc. (980...

Appellate Division Sets New Standards for Deceptive Business Practices and Unconscionable Contracts in Supportive Housing: David v. #1 Marketing Service, Inc.

Date: Jan 30, 2014

Appellate Division Sets New Standards for Deceptive Business Practices and Unconscionable Contracts in Supportive Housing: David v. #1 Marketing Service, Inc. Introduction In the landmark case of...

Absolute and Qualified Privileges in Attorney-Client Termination Communications: Frechtman v. Gutterman

Date: Jan 24, 2014

Absolute and Qualified Privileges in Attorney-Client Termination Communications: Frechtman v. Gutterman Introduction The case of A. Bernard Frechtman v. Allen Gutterman et al. (979 N.Y.S.2d 58)...

Recognition of Freestanding Actual Innocence Claims in New York Under CPL 440.10(1)(h)

Date: Jan 16, 2014

Recognition of Freestanding Actual Innocence Claims in New York Under CPL 440.10(1)(h) Introduction The case of The People v. Derrick Hamilton (979 N.Y.S.2d 97), adjudicated by the Supreme Court,...

Kershaw v. Hospital for Special Surgery: Establishing Strict Timeliness for Summary Judgment Motions

Date: Dec 25, 2013

Kershaw v. Hospital for Special Surgery: Establishing Strict Timeliness for Summary Judgment Motions Introduction Kershaw v. Hospital for Special Surgery (HSS), et al. is a pivotal case decided by...

Defining Civil Contempt Standards in Matrimonial Litigation: Insights from EL–DEHDAN v. EL–DEHDAN

Date: Dec 19, 2013

Defining Civil Contempt Standards in Matrimonial Litigation: Insights from EL–DEHDAN v. EL–DEHDAN Introduction In the landmark case of Jacqueline EL–DEHDAN v. Salim EL–DEHDAN, adjudicated by the...

Reaffirming Prima Facie Burden for No-Fault Insurance Claims: Viviane Etienne Medical Care, P.C. v. Country–Wide Insurance Co.

Date: Dec 19, 2013

Reaffirming Prima Facie Burden for No-Fault Insurance Claims: Viviane Etienne Medical Care, P.C. v. Country–Wide Insurance Co. Introduction The case of Viviane Etienne Medical Care, P.C. as assignee...

Composite Documentation Satisfies Statute of Frauds in Public Auction Sales

Date: Dec 18, 2013

Composite Documentation Satisfies Statute of Frauds in Public Auction Sales Introduction The case of William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Albert Rabizadeh (982 N.Y.S.2d 813)...

Affirmative Waiver of Constitutional Rights in Guilty Pleas: Insights from People v. Ca

Date: Dec 13, 2013

Affirmative Waiver of Constitutional Rights in Guilty Pleas: Insights from People v. Ca Introduction People of the State of New York v. Cavell Craig Tyrell is a pivotal case adjudicated by the Court...

Confinement in SIST Under Mental Hygiene Law: A New Precedent

Date: Nov 27, 2013

Confinement in SIST Under Mental Hygiene Law: A New Precedent Introduction The case of State of New York v. Nelson D. (2013 N.Y. Slip Op. 7827) represents a significant development in the...

No Private Right of Action Under the Exempt Income Protection Act: Insights from Cruz v. TD Bank and Martinez v. Capital One

Date: Nov 22, 2013

No Private Right of Action Under the Exempt Income Protection Act: Insights from Cruz v. TD Bank and Martinez v. Capital One Introduction The cases of Gary Cruz et al. v. TD Bank, N.A. and Geraldo F....

Affirmation of Depraved Indifference Murder Convictions in Severe Intoxicated Driving Cases

Date: Nov 22, 2013

Affirmation of Depraved Indifference Murder Convictions in Severe Intoxicated Driving Cases Introduction In the landmark case The PEOPLE of the State of New York v. Martin Heidgen (980 N.Y.S.2d 320,...

Enforcement of Mortgage Foreclosure: Affirmation of Summary Judgment Against Defendants Lacking Credible Defenses

Date: Nov 22, 2013

Enforcement of Mortgage Foreclosure: Affirmation of Summary Judgment Against Defendants Lacking Credible Defenses Introduction The case of PHH Mortgage Corporation v. Henry E. Davis et al. (975...

Defining Personal Jurisdiction over Foreign Subsidiaries: Insights from Goel v. Ramachandran

Date: Nov 21, 2013

Defining Personal Jurisdiction over Foreign Subsidiaries: Insights from Goel v. Ramachandran 1. Introduction The case of Vikas Goel, et al. v. Anush Ramachandran, defendant, Bunge Ltd., et al. (975...

Due Process Mandates Deportation Notice in Felony Pleas: People v. Peque et al.

Date: Nov 20, 2013

Due Process Mandates Deportation Notice in Felony Pleas: People v. Peque et al. Introduction The case of The People of the State of New York vs. Juan Jose Peque et al. (3 N.E.3d 617) adjudicated by...

Establishing Due Process Requirements: Mandatory Notification of Deportation Consequences for Noncitizen Defendants Pleading Guilty to Felonies

Date: Nov 20, 2013

Establishing Due Process Requirements: Mandatory Notification of Deportation Consequences for Noncitizen Defendants Pleading Guilty to Felonies Introduction In the landmark decision of The People v....

Establishing Duty of Care in Rear-End Collision Cases: Gutierrez v. Trillium USA, LLC

Date: Nov 14, 2013

Establishing Duty of Care in Rear-End Collision Cases: Gutierrez v. Trillium USA, LLC Introduction In the case of Hugo I. Gutierrez v. Trillium USA, LLC, decided on November 13, 2013, by the Supreme...

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