New York Case Commentaries

Validity of Inventory Searches Following Vehicle Impoundment: Insights from People v. Padilla

Date: Jun 7, 2013

Validity of Inventory Searches Following Vehicle Impoundment: Insights from People v. Padilla 1. Introduction The case of PEOPLE of the State of New York v. Kenneth Padilla, adjudicated by the Court...

Establishing Standards for Conflict of Interest and Ineffective Assistance in Dual Representation Cases: People v. Sanchez

Date: Jun 5, 2013

Establishing Standards for Conflict of Interest and Ineffective Assistance in Dual Representation Cases: People v. Sanchez Introduction People v. Sanchez (21 N.Y.3d 216) is a pivotal case adjudicated...

Enhanced Non-Punitive Application of SORA Affirmed in PEOPLE v. Scott Parilla

Date: May 31, 2013

Enhanced Non-Punitive Application of SORA Affirmed in PEOPLE v. Scott Parilla Introduction The case of PEOPLE of the State of New York v. Scott Parilla (109 A.D.3d 20) adjudicated by the Supreme...

Invalidation of Prenuptial Agreements Due to Defective Acknowledgment: Galetta v. Galetta

Date: May 31, 2013

Invalidation of Prenuptial Agreements Due to Defective Acknowledgment: Galetta v. Galetta Introduction In the landmark case of Michelle Galetta v. Gary Galetta (2013 N.Y. Slip Op. 3871), the Court of...

Cumulative Counsel Errors Undermine Meaningful Representation: People v. Oathout

Date: May 3, 2013

Cumulative Counsel Errors Undermine Meaningful Representation: People v. Oathout Introduction The case of People v. Christopher Oathout, decided by the Court of Appeals of New York on May 2, 2013,...

Municipal Zoning Authority Affirmed: Oil, Gas, and Solution Mining Law Does Not Preempt Local Land Use Regulations

Date: May 3, 2013

Municipal Zoning Authority Affirmed: Oil, Gas, and Solution Mining Law Does Not Preempt Local Land Use Regulations Introduction The case of Norse Energy Corp. USA v. Town of Dryden addresses the...

Enforcing Good Faith Negotiations in Foreclosure Actions: Insights from WELLS FARGO BANK v. MEYERS

Date: May 2, 2013

Enforcing Good Faith Negotiations in Foreclosure Actions: Insights from WELLS FARGO BANK v. MEYERS Introduction The case Wells Fargo Bank, N.A., etc., appellant, v. Paul Meyers, et al., respondents,...

Actual Possession Required for Turnover Orders under CPLR § 5225(b) - Commonwealth v. CIBC

Date: May 1, 2013

Actual Possession Required for Turnover Orders under CPLR § 5225(b) - Commonwealth v. CIBC Introduction The case Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce...

Presumption of Visitation Rights for Incarcerated Parents Affirmed in Granger v. Misercola

Date: May 1, 2013

Presumption of Visitation Rights for Incarcerated Parents Affirmed in Granger v. Misercola Introduction Granger v. Misercola (21 N.Y.3d 86), adjudicated by the Court of Appeals of New York on April...

Rebuttable Presumption in World Trade Center Accidental Disability Retirement Claims: Cardno v. NYS&LR System

Date: Apr 12, 2013

Rebuttable Presumption in World Trade Center Accidental Disability Retirement Claims: Cardno v. New York State and Local Retirement System Introduction The case of Thomas Cardno v. New York State and...

Right to Adverse Inference Instruction When State Destroys Material Evidence – PEOPLE v. HANDY

Date: Mar 29, 2013

Right to Adverse Inference Instruction When State Destroys Material Evidence – PEOPLE v. HANDY Introduction People v. Dayshawn P. Handy is a landmark decision by the Court of Appeals of New York,...

Strengthening Fiduciary Responsibilities: Analysis of the Zimmerman Suspension Judgment

Date: Mar 28, 2013

Strengthening Fiduciary Responsibilities: Analysis of the Zimmerman Suspension Judgment Introduction The case of In the Matter of Richard J. Zimmerman, reported in 106 A.D.3d 20 by the Supreme Court,...

Validity of Warrant Authority and Retention of Seized Property: People v. Deprospero

Date: Mar 27, 2013

Validity of Warrant Authority and Retention of Seized Property: People v. Deprospero Introduction The case of The People of the State of New York v. Stephen DeProspero, decided by the Court of...

Strict Adherence to Judicial Diversion Eligibility Criteria: Doorley v. DeMarco & Schwartz

Date: Mar 23, 2013

Strict Adherence to Judicial Diversion Eligibility Criteria: Doorley v. DeMarco & Schwartz Introduction In the case of Doorley v. DeMarco & Schwartz (106 A.D.3d 27), the Supreme Court, Appellate...

Liability of General Contractors for Unsecured Floor Openings under Labor Law §§ 240 and 241(6) – Alonzo v. Safe Harbors

Date: Mar 13, 2013

Liability of General Contractors for Unsecured Floor Openings under Labor Law §§ 240 and 241(6) – Alonzo v. Safe Harbors Introduction The case of Victor Alonzo v. Safe Harbors of the Hudson Housing...

Affirmation of Conviction in People v. Izzo III: Juror Impartiality and Sufficiency of Evidence Standards

Date: Mar 8, 2013

Affirmation of Conviction in People v. Izzo III: Juror Impartiality and Sufficiency of Evidence Standards Introduction In People v. William R. Izzo III, the Supreme Court, Appellate Division, Third...

Enforcement of Option Contracts Without External Consideration: Rubinschorn v. Troutman Sanders LLP

Date: Feb 15, 2013

Enforcement of Option Contracts Without External Consideration: Rubinschorn v. Troutman Sanders LLP Introduction Rubin Schron et al. v. Troutman Sanders LLP et al., decided by the Court of Appeals of...

Clarifying the Standard of Proof for Substance Abuse under New York SORA Guidelines in People v. Palmer and People v. Long

Date: Feb 13, 2013

Clarifying the Standard of Proof for Substance Abuse under New York SORA Guidelines in People v. Palmer and People v. Long Introduction The cases of People v. Palmer and People v. Long before the...

Enhanced Liability Standards for Health Clubs Under General Business Law § 627–a

Date: Feb 8, 2013

Enhanced Liability Standards for Health Clubs Under General Business Law § 627–a Introduction The case of Gregory C. Miglino, Jr. v. Bally Total Fitness of Greater New York, Inc. (20 N.Y.3d 342)...

Retaliatory Discharge under NY Human Rights Law: Insights from Joyce Asabor v. Archdiocese of New York

Date: Jan 23, 2013

Retaliatory Discharge under NY Human Rights Law: Insights from Joyce Asabor v. Archdiocese of New York Introduction In Joyce Asabor v. Archdiocese of New York, et al., the Supreme Court, Appellate...

Previous Next