New York Case Commentaries

Discretion to Admit Expert Affirmations Despite Late Disclosure: Rivers v. Birnbaum et al.

Date: Oct 18, 2012

Discretion to Admit Expert Affirmations Despite Late Disclosure: Rivers v. Birnbaum et al. Introduction The case of Joanne Berrouet Rivers, et al. v. Eliot L. Birnbaum, et al. adjudicated by the...

Expanding Business Standing under General Business Law §349(h): Insights from North State Autobahn v. Progressive Insurance

Date: Oct 18, 2012

Expanding Business Standing under General Business Law §349(h): Insights from North State Autobahn v. Progressive Insurance Introduction The case of North State Autobahn, Inc. et al. v. Progressive...

Establishing Nondelegable Duty in Construction Safety: Analysis of Reuben Allan v. DHL Express (USA), Inc.

Date: Oct 18, 2012

Establishing Nondelegable Duty in Construction Safety: Analysis of Reuben Allan v. DHL Express (USA), Inc. Introduction The case of Reuben Allan v. DHL Express (USA), Inc., adjudicated by the Supreme...

Affirmation of Concealment and Fraud Clauses and Clarification of Insurable Interest in Property Insurance: Azzato v. Allstate

Date: Oct 4, 2012

Affirmation of Concealment and Fraud Clauses and Clarification of Insurable Interest in Property Insurance: Azzato v. Allstate Introduction The case of Raymond Azzato, et al. v. Allstate Insurance...

Establishing Constructive Trusts in Shareholder Disputes: Quadrozzi v. Estate of Quadrozzi

Date: Oct 4, 2012

Establishing Constructive Trusts in Shareholder Disputes: Quadrozzi v. Estate of Quadrozzi Introduction Patrick Quadrozzi initiated a legal battle against the Estate of John Quadrozzi and several...

Affirmation of Supervisory Control Requirement for Labor Law §200 Liability in Construction Site Injury Cases

Date: Aug 15, 2012

Affirmation of Supervisory Control Requirement for Labor Law §200 Liability in Construction Site Injury Cases Introduction The case of John Cappabianca v. Skanska USA Building Inc. revolves around a...

Clarifying Derivative vs. Direct Claims: Adopting the Tooley Test in New York Jurisprudence

Date: Aug 8, 2012

Clarifying Derivative vs. Direct Claims: Adopting the Tooley Test in New York Jurisprudence Introduction The case of Martin D. Yudell, et al. v. Jerrold Gilbert, etc., et al. adjudicated by the...

Enforcement of Unambiguous Contract Terms Without Parol Evidence – Ashwood Capital v. OTG Management

Date: Jul 11, 2012

Enforcement of Unambiguous Contract Terms Without Parol Evidence – Ashwood Capital v. OTG Management Introduction Ashwood Capital, Inc. v. OTG Management, Inc., adjudicated by the Supreme Court,...

Clarifying Individual Director Liability for Discriminatory Acts: Overruling Pelton in Fletcher v. The Dakota, Inc.

Date: Jul 4, 2012

Clarifying Individual Director Liability for Discriminatory Acts: Overruling Pelton in Fletcher v. The Dakota, Inc. Introduction In the landmark case of Alphonse Fletcher, Jr., et al., v. The Dakota,...

Expectation Damages in Leasehold Contracts: Latham Land I, LLC v. TGI Friday's, Inc.

Date: Jun 29, 2012

Expectation Damages in Leasehold Contracts: Latham Land I, LLC v. TGI Friday's, Inc. Introduction The case of Latham Land I, LLC v. TGI Friday's, Inc. revolves around a contractual dispute between a...

Unjust Enrichment Requires Sufficient Relationship Between Parties: Georgia Malone & Co. v. Rieders et al.

Date: Jun 29, 2012

Unjust Enrichment Requires Sufficient Relationship Between Parties: Georgia Malone & Co. v. Rieders et al. Introduction The case of Georgia Malone & Company, Inc. v. Ralph Rieder et al. (19 N.Y.3d...

Maracle v. The People of New York: Waiver of Appeal Rights in Sentencing

Date: Jun 28, 2012

Maracle v. The People of New York: Waiver of Appeal Rights in Sentencing Introduction The case of The People of the State of New York v. Amber Maracle addresses critical issues surrounding plea...

No Fiduciary Duty to Mezzanine Noteholders: ODDO ASSET MANAGEMENT v. BARCLAYS BANK PLC

Date: Jun 28, 2012

No Fiduciary Duty to Mezzanine Noteholders: ODDO ASSET MANAGEMENT v. BARCLAYS BANK PLC Introduction The case of Oddo Asset Management, Appellant, v. Barclays Bank PLC et al., Respondents, et al.,...

Res Judicata and Cause of Action in Hae Sheng Wang v. Pao–Mei Wang

Date: Jun 28, 2012

Res Judicata and Cause of Action in Hae Sheng Wang v. Pao–Mei Wang Introduction The case of Hae Sheng Wang, et al. v. Pao–Mei Wang (96 A.D.3d 1005), adjudicated by the Supreme Court, Appellate...

Non-Signatory Parties Not Bound by Arbitration Clauses: Oxbow Calcining USA Inc. v. American Industrial Partners

Date: Jun 27, 2012

Non-Signatory Parties Not Bound by Arbitration Clauses: Oxbow Calcining USA Inc. v. American Industrial Partners Introduction The case Oxbow Calcining USA Inc., et al. v. American Industrial...

Limitation of Family Court Authority in Posttermination Contact under Social Services Law §384-b: Analysis of In the Matter of Hailey ZZ.

Date: Jun 8, 2012

Limitation of Family Court Authority in Posttermination Contact under Social Services Law §384-b: Analysis of In the Matter of Hailey ZZ. Introduction The case In the Matter of HAILEY ZZ., a Child...

Comprehensive Commentary on Arnold Melman, M.D. v. Montefiore Medical Center: Reinforcing Age Discrimination and Retaliation Protections under NYCHRL

Date: May 30, 2012

Comprehensive Commentary on Arnold Melman, M.D. v. Montefiore Medical Center: Reinforcing Age Discrimination and Retaliation Protections under NYCHRL Introduction In the landmark case of Arnold...

Emigrant Mortgage Co. v. Fitzpatrick: Reaffirming Standards for Unconscionable Contracts and Deceptive Practices in Mortgage Foreclosures

Date: May 24, 2012

Emigrant Mortgage Company, Inc. v. Linda Fitzpatrick: Reaffirming Standards for Unconscionable Contracts and Deceptive Practices in Mortgage Foreclosures Introduction The case of Emigrant Mortgage...

Annulment of Discrimination Claim Based on Military Status: Kaplan v. New York State Division of Human Rights

Date: May 16, 2012

Annulment of Discrimination Claim Based on Military Status: Kaplan v. New York State Division of Human Rights Introduction The case of Michael Kaplan v. New York State Division of Human Rights...

Corroboration Not Required for Defendant's Admissions in Informations: People v. Suber

Date: May 9, 2012

Corroboration Not Required for Defendant's Admissions in Informations: People v. Suber (19 N.Y.3d 247) Introduction The case of The People of the State of New York v. Frank Suber addresses a pivotal...

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