New York Case Commentaries

Reinstatement of Sexual Discrimination Claim under New York City Human Rights Law

Date: Dec 28, 2012

Reinstatement of Sexual Discrimination Claim under New York City Human Rights Law Introduction The case of Yahaira Hernandez, et al. v. Dr. Arden Kaisman, adjudicated by the Supreme Court, Appellate...

Establishing Interim Multiple Dwelling Status Under Multiple Dwelling Law §281(5)

Date: Dec 28, 2012

Establishing Interim Multiple Dwelling Status Under Multiple Dwelling Law §281(5) Introduction The case of Madeline D'Anthony Enterprises, Inc., Plaintiff, ZCAM LLC, Plaintiff–Appellant, v. Robert...

Apportionment of Liability Under CPLR 1601 in the Context of Nondelegable Duties: Insights from Belmer v. HHM Associates

Date: Dec 21, 2012

Apportionment of Liability Under CPLR 1601 in the Context of Nondelegable Duties: Insights from Belmer v. HHM Associates Introduction In the landmark case of Yolanda Belmer v. HHM Associates, Inc.,...

Affirmation of Non-Misleading Disclosures in Educational Marketing under GBL §349

Date: Dec 21, 2012

Affirmation of Non-Misleading Disclosures in Educational Marketing under GBL §349 Introduction The case of Alexandra Gomez–Jimenez, et al. v. New York Law School addresses significant issues...

Comprehensive Commentary on DiGERONIMO v. Fuchs et al. (101 A.D.3d 933)

Date: Dec 20, 2012

Establishing the Standards for Summary Judgment in Medical Malpractice: DiGERONIMO v. Fuchs et al. Introduction In the landmark case of Nancy DiGERONIMO v. Allen Fuchs, et al., reported in 101 A.D.3d...

Requirement of Founded Suspicion for Weapon Inquiries in Lawful Traffic Stops: Analysis of PEOPLE v. GARCIA

Date: Dec 19, 2012

Requirement of Founded Suspicion for Weapon Inquiries in Lawful Traffic Stops: Analysis of PEOPLE v. GARCIA Introduction PEOPLE v. GARCIA, 20 N.Y.3d 317 (2012), is a pivotal decision by the Court of...

World Trade Center Presumption Reinforced: Burden of Proof on Pension Funds in Bitchatchi v. Board of Trustees and Macri v. Kelly

Date: Dec 14, 2012

World Trade Center Presumption Reinforced: Burden of Proof on Pension Funds in Bitchatchi v. Board of Trustees and Macri v. Kelly Introduction The Court of Appeals of New York, in the landmark...

Application of GOL § 5-322.1 in Construction Indemnification: Comprehensive Analysis of SOSA v. 46th Street Development LLC

Date: Dec 14, 2012

Application of GOL § 5-322.1 in Construction Indemnification: Comprehensive Analysis of SOSA v. 46th Street Development LLC Introduction The case of Enrique SOSA v. 46th Street Development LLC et al....

Limitation of Liability under CPLR Article 16: Distinguishing CPLR 3211(a)(7) from Summary Judgment

Date: Dec 13, 2012

Limitation of Liability under CPLR Article 16: Distinguishing CPLR 3211(a)(7) from Summary Judgment Introduction The case of Hendrickson v. Philbor Motors, Inc. addresses a pivotal question in New...

Strict Enforcement of Discovery Obligations: Arpino v. F.J.F. & Sons Electric Co., Inc.

Date: Dec 6, 2012

Strict Enforcement of Discovery Obligations: Arpino v. F.J.F. & Sons Electric Co., Inc. Introduction In the landmark case of Dominic Arpino v. F.J.F. & Sons Electric Co., Inc., adjudicated by the...

Admissibility of Business Records and Spoliation of Evidence: Insights from State of New York v. 158th Street & Riverside Drive Housing Company

Date: Nov 30, 2012

Admissibility of Business Records and Spoliation of Evidence: Insights from State of New York v. 158th Street & Riverside Drive Housing Company Introduction In the case of State of New York,...

Releasing Fiduciary Duties in Sophisticated Business Relationships: Insights from Ste v. Pappas et al.

Date: Nov 28, 2012

Releasing Fiduciary Duties in Sophisticated Business Relationships: Insights from Ste v. Pappas et al. Introduction Ste v. Pappas et al. is a landmark case adjudicated by the Court of Appeals of New...

Interpretation of CPLR 3211: Standards for Dismissing Breach of Contract and Fraud Claims

Date: Nov 22, 2012

Interpretation of CPLR 3211: Standards for Dismissing Breach of Contract and Fraud Claims Introduction The case Vassilia RABOS v. R & R BAGELS & BAKERY, INC., et al., reported as 100 A.D.3d 849, is a...

Affirmation of Personal Jurisdiction over Foreign Banks via Correspondent Accounts: Yaako v. LICCI, A Minor

Date: Nov 21, 2012

Affirmation of Personal Jurisdiction over Foreign Banks via Correspondent Accounts: Yaako v. LICCI, a Minor Introduction Yaako v. LICCI, a Minor, by His Father and Natural Guardian, Eliha is a...

Limiting Primary Assumption of Risk: Court of Appeals Affirms Reinstatement of Negligence Claim in Rollerblading Incident

Date: Oct 31, 2012

Limiting Primary Assumption of Risk: Court of Appeals Affirms Reinstatement of Negligence Claim in Rollerblading Incident Introduction In the landmark case of Robin Custodi et al. v. Town of Amherst...

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