New York Case Commentaries

Reversing the Automobile Presumption in Firearm Possession Cases: Peoples v. Lewis

Date: Mar 28, 2024

Reversing the Automobile Presumption in Firearm Possession Cases: People v. Lewis New York Supreme Court — Appellate Division, March 27, 2024 Introduction In the appellate decision of People v. Jamel...

Automatic Disbarment of Telesforo Del Valle: Establishing Precedent in Legal Ethics Enforcement

Date: Mar 27, 2024

Automatic Disbarment of Telesforo Del Valle: Establishing Precedent in Legal Ethics Enforcement Introduction The case of Attorney Grievance Committee for the First Judicial Department v. Telesforo...

Confirmation of Municipal Eminent Domain Authority in HBC Victor LLC v. Town of Victor

Date: Mar 23, 2024

Confirmation of Municipal Eminent Domain Authority in HBC Victor LLC v. Town of Victor Introduction The case of HBC Victor LLC v. Town of Victor ([208 N.Y.S.3d 770](#)) represents a pivotal decision...

Reversal of Neglect Findings in Julia S. v. Erie County DSS Establishes Stricter Burden of Proof for Child Neglect Cases

Date: Mar 23, 2024

Reversal of Neglect Findings in Julia S. v. Erie County DSS Establishes Stricter Burden of Proof for Child Neglect Cases Introduction Julia S. v. Erie County Department of Social Services is a...

LPCiminelli Indemnification and ICC Liability: A Comprehensive Legal Analysis

Date: Mar 23, 2024

LPCiminelli Indemnification and ICC Liability: A Comprehensive Legal Analysis Introduction The case of Matthew T. Mariacher and Louise Mariacher v. LPCiminelli, Inc., LPCiminelli Construction Corp.,...

Affirmation of Rent Guidelines Board Authority under ETPA: Kingston v. Hudson Valley Property Owners

Date: Mar 22, 2024

Affirmation of Rent Guidelines Board Authority under ETPA: Kingston v. Hudson Valley Property Owners Introduction The case of In the Matter of Hudson Valley Property Owners Association Inc. et al.,...

Strict Interpretation of RPTL 420-a: Tax Exemption Denied for Not-For-Profit Property Leased to For-Profit Entities

Date: Mar 22, 2024

Strict Interpretation of RPTL 420-a: Tax Exemption Denied for Not-For-Profit Property Leased to For-Profit Entities Introduction In the landmark case of Brookdale Physicians’ Dialysis Associates,...

Acceptance of Resignation and Disbarment for Client Fund Misappropriation: McKenna v. Attorney Grievance Committee

Date: Mar 20, 2024

Acceptance of Resignation and Disbarment for Client Fund Misappropriation: McKenna v. Attorney Grievance Committee Introduction The case of Attorney Bryan A. McKenna (also admitted as Bryan Aaron...

Reaffirming Zoning Ordinance Definitions: The Boundaries of 'Family' and 'Boardinghouse' in Geneseo

Date: Mar 16, 2024

Reaffirming Zoning Ordinance Definitions: The Boundaries of 'Family' and 'Boardinghouse' in Geneseo Introduction The case of 16 Main Street Property, LLC v. Village of Geneseo (2024 N.Y. Slip Op....

Affirming Scope of Escrow Fund Usage in Development Approvals: Lost Lake Holdings LLC v. Town of Forestburgh

Date: Mar 15, 2024

Affirming Scope of Escrow Fund Usage in Development Approvals: Lost Lake Holdings LLC v. Town of Forestburgh Introduction The case of Lost Lake Holdings LLC et al. v. Town of Forestburgh et al. (208...

Reciprocal Disciplinary Actions for Attorneys: The Renna Censure and Its Legal Implications

Date: Mar 15, 2024

Reciprocal Disciplinary Actions for Attorneys: The Renna Censure and Its Legal Implications Introduction The legal profession holds its practitioners to high ethical standards to maintain public...

DASA Does Not Create a Private Right of Action: Comprehensive Analysis of Amir Mackey v. Lawrence Union Free School District

Date: Mar 14, 2024

DASA Does Not Create a Private Right of Action: Comprehensive Analysis of Amir Mackey v. Lawrence Union Free School District Introduction In the case of Amir Mackey v. Lawrence Union Free School...

Reversing Summary Judgment in Fiduciary Duty Breach: Perez v. Mendicino Establishes New Precedent

Date: Mar 14, 2024

Reversing Summary Judgment in Fiduciary Duty Breach: Perez v. Mendicino Establishes New Precedent Introduction In Fedora A. Perez v. Michael Mendicino, et al., decided by the Supreme Court of New...

Liotti v. Grievance Committee: Reinforcing Professional Conduct Standards for Attorneys

Date: Mar 14, 2024

Liotti v. Grievance Committee: Reinforcing Professional Conduct Standards for Attorneys Introduction The case of Thomas F. Liotti versus the Grievance Committee for the Tenth Judicial District...

Affirmation of Valid Appeal Waivers in Constitutional Challenges Post-Bruen

Date: Mar 13, 2024

Affirmation of Valid Appeal Waivers in Constitutional Challenges Post-Bruen Introduction The case The PEOPLE of the State of New York v. Omar Johnson (206 N.Y.S.3d 584) presents a critical...

Reaffirming Agency Accountability: Implications of Clean Air Coalition v. NY PSC on Environmental Review Processes

Date: Mar 8, 2024

Reaffirming Agency Accountability: Implications of Clean Air Coalition v. NY PSC on Environmental Review Processes Introduction In the landmark case of Clean Air Coalition of Western New York, Inc....

Affirmation of Family Court’s Harassment Finding in Carly W. v. Mark V.: Establishing Standards for Intent and Course of Conduct

Date: Mar 8, 2024

Affirmation of Family Court’s Harassment Finding in Carly W. v. Mark V.: Establishing Standards for Intent and Course of Conduct Introduction The appellate decision in Carly W., Respondent, v. Mark...

Establishing Stricter Classification: The Impact of Serious Physical Injury in Sex Offender Designations

Date: Mar 7, 2024

Establishing Stricter Classification: The Impact of Serious Physical Injury in Sex Offender Designations Introduction The case of People of State of New York v. Alfredo Bonet (206 N.Y.S.3d 675)...

Respect for Licensing Discretion Upheld in Harper v. Neary et al.

Date: Mar 7, 2024

Respect for Licensing Discretion Upheld in Harper v. Neary et al. Introduction In Harper v. Neary et al. (2024 N.Y. Slip Op. 1176), the Supreme Court of New York, Second Department addressed a...

Miranda Rights and Custodial Interrogation: Establishing Clear Standards in Suppression of Evidence

Date: Mar 7, 2024

Miranda Rights and Custodial Interrogation: Establishing Clear Standards in Suppression of Evidence Introduction The case of The People of the State of New York v. Yonatan Galvez-Marin (2024 N.Y....