New York Case Commentaries

Establishing the Totality of Circumstances Standard for Lay Non-Eyewitness Identification Testimony

Date: Apr 24, 2024

Establishing the Totality of Circumstances Standard for Lay Non-Eyewitness Identification Testimony Introduction In the landmark decision of The People & c., Respondent, v. Farod Mosley, Appellant...

Unenforceability of Forum Selection Clauses in Illegal Insurance Agreements: Air-Sea Packing Group v. Applied Underwriters

Date: Apr 18, 2024

Unenforceability of Forum Selection Clauses in Illegal Insurance Agreements: Air-Sea Packing Group v. Applied Underwriters Introduction In the landmark case of Air-Sea Packing Group, Inc. v. Applied...

Upholding the Right to Prompt Prosecution: The People v. Rivera Decision

Date: Apr 18, 2024

Upholding the Right to Prompt Prosecution: The People v. Rivera Decision Introduction The People, etc., v. Daniel Rivera (209 N.Y.S.3d 532) is a pivotal case adjudicated by the New York Supreme Court...

New Precedent on Derivative Neglect in Family Court Proceedings: Analysis of the Pedro H. Appeal

Date: Apr 18, 2024

New Precedent on Derivative Neglect in Family Court Proceedings: Analysis of the Pedro H. Appeal Introduction In the case of In the Matter of Janiyah S. (Anonymous) et al. v. Administration for...

Revival of Time-Barred Claims Under CPLR 214-g for New York Residents: Smith v. Pro Camps, Ltd.

Date: Apr 18, 2024

Revival of Time-Barred Claims Under CPLR 214-g for New York Residents: Smith v. Pro Camps, Ltd. Introduction In the landmark case of Phillip Lyle Smith v. Pro Camps, Ltd., et al., heard by the...

Upholding Rational Basis for Vaccine Mandates: NY Supreme Court Affirms Denial of Religious Exemptions

Date: Apr 17, 2024

Upholding Rational Basis for Vaccine Mandates: NY Supreme Court Affirms Denial of Religious Exemptions Introduction The case of In the Matter of Cheryl Ferrelli et al. v. The State of New York et...

New Precedent on Vaccine Mandate Religious Exemptions: Ferrelli v. State of New York

Date: Apr 17, 2024

New Precedent on Vaccine Mandate Religious Exemptions: Ferrelli v. State of New York Introduction In the landmark case Ferrelli et al. v. State of New York et al. (211 N.Y.3d 1), decided on April 16,...

Reevaluating the Duration of Orders of Protection: Insights from People v. Deas

Date: Apr 11, 2024

Reevaluating the Duration of Orders of Protection: Insights from People v. Deas Introduction People v. Trejuan Deas, 209 N.Y.S.3d 477, adjudicated on April 10, 2024, by the New York Supreme Court —...

Comprehensive Commentary on New Hackensack Realty v. Lawrence Development Realty: Reinforcing Standards for Fraudulent Inducement and Corporate Veil Piercing

Date: Apr 11, 2024

Reinforcing Standards for Fraudulent Inducement and Corporate Veil Piercing: Insights from New Hackensack Realty v. Lawrence Development Realty Introduction The case of New Hackensack Realty, LLC, et...

Harleysville Worcester Insurance Company Obligations: A New Precedent on Additional Insured Status

Date: Apr 11, 2024

Harleysville Worcester Insurance Company Obligations: A New Precedent on Additional Insured Status Introduction The case of New York City Housing Authority, et al. v. Harleysville Worcester Insurance...

Reversal of CPLR 3211(a)(7) Dismissals in Abuse of Process and Malicious Prosecution Claims: Hughes v. Vento et al.

Date: Apr 11, 2024

Reversal of CPLR 3211(a)(7) Dismissals in Abuse of Process and Malicious Prosecution Claims: Hughes v. Vento et al. Introduction In the landmark case of Christopher Hughes v. Peter Vento et al. (2024...

Affirmation of Breach of Oral Joint Venture Agreement in Kefalas v. Pappas

Date: Apr 11, 2024

Affirmation of Breach of Oral Joint Venture Agreement in Kefalas v. Pappas Introduction The case of Vassilios Kefalas v. Petros Alexandros Pappas et al., decided by the Supreme Court of New York,...

Accountant Liability in Fraudulent Activities: Insights from 1650 Broadway Associates, Inc. v. Kenneth Sturm

Date: Apr 5, 2024

Accountant Liability in Fraudulent Activities: Insights from 1650 Broadway Associates, Inc. v. Kenneth Sturm Introduction The case 1650 Broadway Associates, Inc. v. Kenneth Sturm (2024 N.Y. Slip Op....

Revisiting Summary Judgment and Comparative Negligence in Personal Injury Cases: Burton v. Virk

Date: Apr 4, 2024

Revisiting Summary Judgment and Comparative Negligence in Personal Injury Cases: Burton v. Virk Introduction Burton v. Virk is a landmark decision delivered by the Supreme Court of New York, Second...

Reinforcing Prima Facie Burdens in Accounting Malpractice Summary Judgment: Incorporated Village of Freeport v. Albrecht et al.

Date: Apr 4, 2024

Reinforcing Prima Facie Burdens in Accounting Malpractice Summary Judgment: Incorporated Village of Freeport v. Albrecht et al. Introduction The case of Incorporated Village of Freeport v. Albrecht,...

Establishing Standards for Summary Judgment in Medical Malpractice: Campbell v. Ditmas Park Rehabilitation & Care Center

Date: Mar 28, 2024

Establishing Standards for Summary Judgment in Medical Malpractice: Campbell v. Ditmas Park Rehabilitation & Care Center Introduction In the landmark case Robert Campbell, etc., appellant, v. Ditmas...

Mandatory Compliance with ANCA Procedures in Airport Operations: East End Hangars v. Town of East Hampton

Date: Mar 28, 2024

Mandatory Compliance with ANCA Procedures in Airport Operations: East End Hangars v. Town of East Hampton Introduction The case of East End Hangars, Inc., et al. v. Town of East Hampton, New York...

Enforcement of Restrictive Covenants in Ordinary Commercial Contracts: Twitchell Technical Products, LLC v. Mechoshade Systems, LLC

Date: Mar 28, 2024

Enforcement of Restrictive Covenants in Ordinary Commercial Contracts: Twitchell Technical Products, LLC v. Mechoshade Systems, LLC Introduction The case of Twitchell Technical Products, LLC v....

Affirmation of Permanent Neglect in Parental Rights Termination: New Precedent Established by NY Supreme Court Appellate Division

Date: Mar 28, 2024

Affirmation of Permanent Neglect in Parental Rights Termination: New Precedent Established by NY Supreme Court Appellate Division Introduction The case of New Alternatives For Children, Inc. v....

Reaffirming Summary Judgment Procedures and Out-of-Possession Landlord Liability: Souffrant v. M & K Real Estate Associates

Date: Mar 28, 2024

Reaffirming Summary Judgment Procedures and Out-of-Possession Landlord Liability: Souffrant v. M & K Real Estate Associates Introduction In the landmark case of Pierre Souffrant v. M & K Real Estate...