New York Case Commentaries

Affirmation of Convictions in People v. Allen Establishes Standards for Forcible Touching and Juror Challenges

Date: Nov 19, 2024

Affirmation of Convictions in People v. Allen Establishes Standards for Forcible Touching and Juror Challenges Introduction In the landmark case of THE PEOPLE OF THE STATE OF NEW YORK v. PAUL R....

Reclassification of Risk Level Under SORA: The People of New York v. Jacob Cohen

Date: Nov 19, 2024

Reclassification of Risk Level Under SORA: The People of New York v. Jacob Cohen Introduction In the landmark case of The People of the State of New York v. Jacob Cohen (2024 N.Y. Slip Op. 5658), the...

Affirmation of Aggravated Assault on Law Enforcement Based on Substantial Risk of Death

Date: Nov 19, 2024

Affirmation of Aggravated Assault on Law Enforcement Based on Substantial Risk of Death Introduction In the case of The People of the State of New York, Respondent, v. Luke J. Gaffney,...

Severance of Claims in Foreclosure Actions: Implications from Deutsche Bank Trust Co. v. Fredonia Temple

Date: Nov 19, 2024

Severance of Claims in Foreclosure Actions: Implications from Deutsche Bank Trust Co. v. Fredonia Temple Introduction The case of Deutsche Bank Trust Company Americas, as Trustee for the Registered...

Piercing the Corporate Veil: Insights from 2497 Realty Corp. v. Fuertes et al.

Date: Nov 19, 2024

Piercing the Corporate Veil: Insights from 2497 Realty Corp. v. Fuertes et al. Introduction The case of 2497 Realty Corp., Plaintiff-Respondent, v. Rodolfo Fuertes et al., Defendants-Appellants, 2497...

Clarifying Youthful Offender Eligibility in Armed Felony Cases: Insights from People v. Michael LL.

Date: Nov 19, 2024

Clarifying Youthful Offender Eligibility in Armed Felony Cases: Insights from People v. Michael LL. Introduction The legal landscape surrounding youthful offenders in New York has been further...

Extensions of Time Granted Under 22 NYCRR §1250.9: Implications and Analysis

Date: Nov 19, 2024

Extensions of Time Granted Under 22 NYCRR §1250.9: Implications and Analysis Introduction On November 15, 2024, the Supreme Court of New York, Second Department issued an order in the matter of...

Establishing Causation in Remote Work-Related Workers' Compensation Claims

Date: Nov 19, 2024

Establishing Causation in Remote Work-Related Workers' Compensation Claims Introduction The case of Seosi Song v. City of New York Department of Buildings et al. presents a critical analysis of the...

Affirmation of Plea Validity and Preservation of Sentencing Procedures in Vences v. The People

Date: Nov 19, 2024

Affirmation of Plea Validity and Preservation of Sentencing Procedures in Vences v. The People Introduction In the case of The People of the State of New York v. Jose L. Vences (2024 N.Y. Slip Op....

Liability for Defective Sidewalks and Abutting Property Owners: Insights from Piotrowski v. Town of Cheektowaga

Date: Nov 19, 2024

Liability for Defective Sidewalks and Abutting Property Owners: Insights from Piotrowski v. Town of Cheektowaga Introduction In the landmark case of Paul S. Piotrowski v. Town of Cheektowaga, Anne M....

Resentencing under the Domestic Violence Survivors Justice Act: Analysis of People v. Boyd P.

Date: Nov 19, 2024

Resentencing under the Domestic Violence Survivors Justice Act: Analysis of People v. Boyd P. Introduction People v. Boyd P. is a landmark case decided by the Supreme Court of New York, Third...

Affirmation of Statute of Limitations in Mortgage Foreclosure: Citibank v. Horan

Date: Sep 19, 2024

Affirmation of Statute of Limitations in Mortgage Foreclosure: Citibank v. Horan Introduction In the landmark case Citibank, N.A., et al. v. Raymond M. Horan, et al. (2024 N.Y. Slip Op. 4452), the...

Facebook Recognized as Public Forum Under New York's Anti-SLAPP Statute: Implications for Future Litigation

Date: Aug 8, 2024

Facebook Recognized as Public Forum Under New York's Anti-SLAPP Statute: Implications for Future Litigation Introduction The case of Glennis M. Nelson v. Tyshawn Ardrey, et al. (2024 N.Y. Slip Op....

Affirmation of Limited Personal Jurisdiction and Strict Standards for Third-Party Beneficiary Claims in Powerflex Solar v. Solar PV Pros

Date: Aug 2, 2024

Affirmation of Limited Personal Jurisdiction and Strict Standards for Third-Party Beneficiary Claims in Powerflex Solar v. Solar PV Pros Introduction The case of Powerflex Solar, LLC v. Solar PV...

Clarifying Easement Abandonment Standards: Supreme Court Validates CPLR 3211(a) Application

Date: Aug 1, 2024

Clarifying Easement Abandonment Standards: Supreme Court Validates CPLR 3211(a) Application Introduction The case of Jeremy Stuart Fenton v. Floce Holdings, LLC, decided by the Supreme Court of New...

Revisiting Intentional Infliction of Emotional Distress in Negligence Contexts: Brown v. Riverside Church

Date: Jul 26, 2024

Revisiting Intentional Infliction of Emotional Distress in Negligence Contexts: Brown v. Riverside Church Introduction In the landmark case of Micah Brown v. The Riverside Church in the City of New...

Enhanced Standards for Summary Judgment in Medical Malpractice Cases: Rosenzweig v. Hadpawat

Date: Jul 18, 2024

Enhanced Standards for Summary Judgment in Medical Malpractice Cases: Rosenzweig v. Hadpawat Introduction In the landmark case of Steven Rosenzweig, etc., appellant, v. Neil Hadpawat, etc., et al....

Application of Relation-Back Doctrine and Summary Judgment Standards in Medical Malpractice: Yashoda Kunwar v. Northwell Health

Date: Jul 11, 2024

Application of Relation-Back Doctrine and Summary Judgment Standards in Medical Malpractice: Yashoda Kunwar v. Northwell Health Introduction In the landmark case Yashoda Kunwar, etc., appellant, v....

Affirmation of Summary Judgment in Medical Malpractice and Informed Consent: Insights from Fairchild v. Lerner

Date: Jul 11, 2024

Affirmation of Summary Judgment in Medical Malpractice and Informed Consent: Insights from Fairchild v. Lerner Introduction The case of David Fairchild, et al., Appellants, v. Seth Lerner, et al.,...

Duty of Property Owners to Maintain Safe Conditions During Storms: Vance v. Burkhart

Date: Jul 4, 2024

Duty of Property Owners to Maintain Safe Conditions During Storms: Vance v. Burkhart Introduction In Vance v. Burkhart, the Supreme Court of New York, Third Department, addressed critical issues...