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  • Commentaries
  • Judgments

New York Case Commentaries

Enforceability of Oral Joint Venture Agreements in Cohabiting Same-Sex Relationships: Insights from Dee v. Rakower

Enforceability of Oral Joint Venture Agreements in Cohabiting Same-Sex Relationships: Insights from Dee v. Rakower

Date: Nov 14, 2013
Enforceability of Oral Joint Venture Agreements in Cohabiting Same-Sex Relationships: Insights from Dee v. Rakower Introduction The case of Laura Dee v. Dena Rakower, reported at 976 N.Y.S.2d 470 by...
Enhanced Interpretation of Labor Law § 241(6) and Common-Law Negligence in Workplace Safety

Enhanced Interpretation of Labor Law § 241(6) and Common-Law Negligence in Workplace Safety

Date: Oct 24, 2013
Enhanced Interpretation of Labor Law § 241(6) and Common-Law Negligence in Workplace Safety Introduction The case of Pedro Gonzalez v. Perkan Concrete Corp., decided by the Supreme Court, Appellate...
Affirmation of Neglect Based on Inappropriate Disciplinary Measures and Failure to Address Special Needs

Affirmation of Neglect Based on Inappropriate Disciplinary Measures and Failure to Address Special Needs

Date: Oct 18, 2013
Affirmation of Neglect Based on Inappropriate Disciplinary Measures and Failure to Address Special Needs Introduction The case of In the Matter of Victoria XX. and Others, Alleged to be Neglected...
Revisiting Succession Rights in Mitchell-Lama Housing: Murphy v. DHCR Sets New Precedent

Revisiting Succession Rights in Mitchell-Lama Housing: Murphy v. DHCR Sets New Precedent

Date: Oct 18, 2013
Revisiting Succession Rights in Mitchell-Lama Housing: Murphy v. DHCR Sets New Precedent Introduction The case of Paul Murphy v. New York State Division of Housing and Community Renewal (DHCR)...
Obligation of Public Entities to Access Private Email Accounts under FOIL

Obligation of Public Entities to Access Private Email Accounts under FOIL

Date: Oct 18, 2013
Obligation of Public Entities to Access Private Email Accounts under FOIL Introduction The case of Howard I. Smith v. New York State Office of the Attorney General (973 N.Y.S.2d 404) presents a...
Admissibility of Uncharged Crime Evidence: Insights from People v. Morris

Admissibility of Uncharged Crime Evidence: Insights from People v. Morris

Date: Oct 16, 2013
Admissibility of Uncharged Crime Evidence: Insights from People v. Morris Introduction The case of The People of the State of New York v. Chadon Morris (21 N.Y.3d 588) addressed a pivotal issue in...
Clarifying Employer's Duty in Disability Discrimination Under NY HRLs: Romanello v. Intesa Sanpaolo

Clarifying Employer's Duty in Disability Discrimination Under NY HRLs: Romanello v. Intesa Sanpaolo

Date: Oct 11, 2013
Clarifying Employer's Duty in Disability Discrimination Under NY HRLs: Romanello v. Intesa Sanpaolo Introduction Romanello v. Intesa Sanpaolo, S.P.A. is a pivotal case adjudicated by the Court of...
Application of Foreign Law in Negligence Claims Against Financial Institutions: Keren Elmaliach v. Bank of China Ltd.

Application of Foreign Law in Negligence Claims Against Financial Institutions: Keren Elmaliach v. Bank of China Ltd.

Date: Sep 18, 2013
Application of Foreign Law in Negligence Claims Against Financial Institutions: Keren Elmaliach v. Bank of China Ltd. Introduction The case of Keren Elmaliach, et al. v. Bank of China Limited, et al....
Enforceability of Security Service Agreements and Non-Third-Party Beneficiary Duties in Aiello v. Burns International

Enforceability of Security Service Agreements and Non-Third-Party Beneficiary Duties in Aiello v. Burns International

Date: Sep 4, 2013
Enforceability of Security Service Agreements and Non-Third-Party Beneficiary Duties in Aiello v. Burns International Introduction The case of Rachel Aiello, etc., Plaintiff–Appellant, v. Burns...
Reaffirming At-Will Employment: Insights from Catalin Minovici v. Belkin BV

Reaffirming At-Will Employment: Insights from Catalin Minovici v. Belkin BV

Date: Aug 15, 2013
Reaffirming At-Will Employment: Insights from Catalin Minovici v. Belkin BV Introduction The case of Catalin Minovici v. Belkin BV serves as a pivotal reference in New York employment law,...
Clarifying CPLR 2215: Entitlement to Affirmative Relief Without Formal Cross Motion

Clarifying CPLR 2215: Entitlement to Affirmative Relief Without Formal Cross Motion

Date: Aug 8, 2013
Clarifying CPLR 2215: Entitlement to Affirmative Relief Without Formal Cross Motion Introduction The case of Raizel Fried, et al. v. Jacob Holding, Inc. (970 N.Y.S.2d 260) adjudicated by the Supreme...
Clarifying the Mens Rea Requirement for Disorderly Conduct in Family Offense Proceedings: Cassie v. Cassie

Clarifying the Mens Rea Requirement for Disorderly Conduct in Family Offense Proceedings: Cassie v. Cassie

Date: Jul 25, 2013
Clarifying the Mens Rea Requirement for Disorderly Conduct in Family Offense Proceedings: Cassie v. Cassie Introduction The appellate decision in In the Matter of Dionne Cassie v. Richard Cassie, 109...
Enforceability of Email Settlements under CPLR 2104: Forcelli v. Gelco Corporation

Enforceability of Email Settlements under CPLR 2104: Forcelli v. Gelco Corporation

Date: Jul 25, 2013
Enforceability of Email Settlements under CPLR 2104: Forcelli v. Gelco Corporation Introduction The case of John T. Forcelli, et al. v. Gelco Corporation, et al., adjudicated by the Supreme Court,...
Tap Holdings v. Orix Finance: New Precedents in Successor Liability and Corporate Veil Piercing

Tap Holdings v. Orix Finance: New Precedents in Successor Liability and Corporate Veil Piercing

Date: Jul 17, 2013
Tap Holdings v. Orix Finance: New Precedents in Successor Liability and Corporate Veil Piercing Introduction The case of Tap Holdings, LLC, et al. v. Orix Finance Corp., et al. (109 A.D.3d 167)...
Establishing Plaintiff's Standing in Mortgage Foreclosure Actions: Homecomings Financial, LLC v. Guldi

Establishing Plaintiff's Standing in Mortgage Foreclosure Actions: Homecomings Financial, LLC v. Guldi

Date: Jul 4, 2013
Establishing Plaintiff's Standing in Mortgage Foreclosure Actions: Homecomings Financial, LLC v. Guldi Introduction The case Homecomings Financial, LLC v. George O. Guldi (108 A.D.3d 506) adjudicated...
Mandatory Judicial Determination of Youthful Offender Status in CPL 720.20(1) Cases

Mandatory Judicial Determination of Youthful Offender Status in CPL 720.20(1) Cases

Date: Jun 28, 2013
Mandatory Judicial Determination of Youthful Offender Status in CPL 720.20(1) Cases Introduction The landmark case, PEOPLE v. RUDOLPH, 21 N.Y.3d 497 (2013), adjudicated by the Court of Appeals of New...
Establishing Special Duty in Municipal Emergency Medical Services: Applewhite v. Accuhealth and City of New York

Establishing Special Duty in Municipal Emergency Medical Services: Applewhite v. Accuhealth and City of New York

Date: Jun 26, 2013
Establishing Special Duty in Municipal Emergency Medical Services: Applewhite v. Accuhealth and City of New York Introduction The case of Tiffany Applewhite v. Accuhealth, Inc., et al., Defendants,...
Golden Gate Yacht Club v. African Diaspora Maritime Corporation: Enforcing Good Faith in Competitive Selection Processes

Golden Gate Yacht Club v. African Diaspora Maritime Corporation: Enforcing Good Faith in Competitive Selection Processes

Date: Jun 26, 2013
Golden Gate Yacht Club v. African Diaspora Maritime Corporation (109 A.D.3d 204, Supreme Court, Appellate Division, First Department, New York, 2013) Introduction In the case of African Diaspora...
Reversal of Attachment Orders and Upholding Breach of Contract Claims in VisionChina Media Inc. v. Shareholder Representative Services, LLC

Reversal of Attachment Orders and Upholding Breach of Contract Claims in VisionChina Media Inc. v. Shareholder Representative Services, LLC

Date: Jun 12, 2013
Reversal of Attachment Orders and Upholding Breach of Contract Claims in VisionChina Media Inc. v. Shareholder Representative Services, LLC Introduction The case of VisionChina Media Inc., et al. v....
Strict Compliance with Service Requirements: Insights from CACI v. State of New York

Strict Compliance with Service Requirements: Insights from CACI v. State of New York

Date: Jun 7, 2013
Strict Compliance with Service Requirements: Insights from CACI v. State of New York Introduction The appellate decision in Anna CACI, Appellant, v. STATE of New York, Respondent (2013 N.Y. Slip Op....
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