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  • Commentaries
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New York Case Commentaries

Reversing Summary Judgment in Oral Contract Disputes: Insights from Sabre International v. Vulcan Capital Management

Reversing Summary Judgment in Oral Contract Disputes: Insights from Sabre International v. Vulcan Capital Management

Date: May 4, 2012
Reversing Summary Judgment in Oral Contract Disputes: Insights from Sabre International Security, Ltd. v. Vulcan Capital Management, Inc. Introduction The case of Sabre International Security,...
Piercing the Corporate Veil in Contract Breach: Insights from COBALT PARTNERS v. GSC CAPITAL CORP.

Piercing the Corporate Veil in Contract Breach: Insights from COBALT PARTNERS v. GSC CAPITAL CORP.

Date: May 2, 2012
Piercing the Corporate Veil in Contract Breach: Insights from COBALT PARTNERS v. GSC CAPITAL CORP. Introduction Case Citation: COBALT PARTNERS, L.P., et al., Plaintiffs–Appellants, v. GSC CAPITAL...
Recognition of Municipal Standing under SEQRA: Analysis of Village of Pomona v. Town of Ramapo

Recognition of Municipal Standing under SEQRA: Analysis of Village of Pomona v. Town of Ramapo

Date: Apr 25, 2012
Recognition of Municipal Standing under SEQRA: Analysis of Village of Pomona v. Town of Ramapo Introduction The case of Village of Pomona v. Town of Ramapo, 94 A.D.3d 1103, adjudicated by the Supreme...
Acceleration of Mortgage Debt and Statute of Limitations: Insights from WELLS FARGO BANK v. Windsor Burke

Acceleration of Mortgage Debt and Statute of Limitations: Insights from WELLS FARGO BANK v. Windsor Burke

Date: Apr 18, 2012
Acceleration of Mortgage Debt and Statute of Limitations: Insights from Wells Fargo Bank, N.A. v. Windsor Burke Introduction The case Wells Fargo Bank, N.A., etc., v. Windsor Burke, et al.,...
Establishing Adverse Possession: Insight from Estate of Robert E. Becker v. Owen J. Murtagh

Establishing Adverse Possession: Insight from Estate of Robert E. Becker v. Owen J. Murtagh

Date: Apr 4, 2012
Establishing Adverse Possession: Insight from Estate of Robert E. Becker v. Owen J. Murtagh Introduction Estate of Robert E. Becker, Deceased, Appellant, et al., Plaintiffs, v. Owen J. Murtagh et...
Reformation of Marital Settlements in the Wake of Financial Fraud: Insights from Ste v. Simkin

Reformation of Marital Settlements in the Wake of Financial Fraud: Insights from Ste v. Simkin

Date: Apr 4, 2012
Reformation of Marital Settlements in the Wake of Financial Fraud: Insights from Ste v. Simkin Introduction The case of Ste v. Simkin, adjudicated by the Court of Appeals of New York on April 3,...
Inverse Condemnation Validated in CORSELLO v. VERIZON New York, Inc. (2012)

Inverse Condemnation Validated in CORSELLO v. VERIZON New York, Inc. (2012)

Date: Mar 30, 2012
Inverse Condemnation Validated in CORSELLO v. VERIZON New York, Inc. (2012) Introduction The case of Corsello et al. v. Verizon New York, Inc. (18 N.Y.3d 777) adjudicated by the Court of Appeals of...
Accrual of Counterclaims in Retrospective Insurance Agreements: Insights from HAHN Automotive Warehouse, Inc. v. AMERICAN ZURICH INSURANCE COMPANY et al.

Accrual of Counterclaims in Retrospective Insurance Agreements: Insights from HAHN Automotive Warehouse, Inc. v. AMERICAN ZURICH INSURANCE COMPANY et al.

Date: Mar 30, 2012
Accrual of Counterclaims in Retrospective Insurance Agreements: Insights from HAHN Automotive Warehouse, Inc. v. AMERICAN ZURICH INSURANCE COMPANY et al. (18 N.Y.3d 765) Introduction The case HAHN...
Enforceability of Oral Bonus Agreements in At-Will Employment: RYAN v. KELLOGG PARTNERS INSTitutional Services

Enforceability of Oral Bonus Agreements in At-Will Employment: RYAN v. KELLOGG PARTNERS INSTitutional Services

Date: Mar 28, 2012
Enforceability of Oral Bonus Agreements in At-Will Employment: RYAN v. KELLOGG PARTNERS INSTitutional Services Introduction The RYAN v. KELLOGG PARTNERS INSTitutional Services case, adjudicated by...
Defining 'Public Place' in Marijuana Possession: Insights from PEOPLE v. Samuel Jackson

Defining 'Public Place' in Marijuana Possession: Insights from PEOPLE v. Samuel Jackson

Date: Mar 28, 2012
Defining 'Public Place' in Marijuana Possession: Insights from PEOPLE v. Samuel Jackson Introduction In the landmark case of The PEOPLE of the State of New York, Respondent, v. Samuel JACKSON,...
Reinforcement of Contractual Disclaimers: Protection Against Fraud Claims by Sophisticated Entities

Reinforcement of Contractual Disclaimers: Protection Against Fraud Claims by Sophisticated Entities

Date: Mar 28, 2012
Reinforcement of Contractual Disclaimers: Protection Against Fraud Claims by Sophisticated Entities Introduction The case HSH Nordbank AG v. UBS AG, et al. revolves around a complex financial...
Enforceability of Contractual Liability Limitations in Cases of Gross Negligence: Insights from Abacus Federal Savings Bank v. ADT Security Services, Inc.

Enforceability of Contractual Liability Limitations in Cases of Gross Negligence: Insights from Abacus Federal Savings Bank v. ADT Security Services, Inc.

Date: Mar 23, 2012
Enforceability of Contractual Liability Limitations in Cases of Gross Negligence: Insights from Abacus Federal Savings Bank v. ADT Security Services, Inc. Introduction In the landmark case of Abacus...
Appellate Division’s Authority to Remit for Resentencing under CPL 430.10 - People v. Rodríguez

Appellate Division’s Authority to Remit for Resentencing under CPL 430.10 - People v. Rodríguez

Date: Mar 23, 2012
Appellate Division’s Authority to Remit for Resentencing under CPL 430.10 - People v. Rodríguez Introduction The case of The People of the State of New York v. Sergio Rodríguez, decided by the Court...
Establishing General Contractor Liability and Safety Obligations under NY Labor Law §240(1): Naughton v. City of New York et al.

Establishing General Contractor Liability and Safety Obligations under NY Labor Law §240(1): Naughton v. City of New York et al.

Date: Feb 24, 2012
Establishing General Contractor Liability and Safety Obligations under NY Labor Law §240(1): Naughton v. City of New York et al. Introduction In the landmark case of Patrick Naughton, Jr.,...
Defamation in Personal Relationships: Clarifying the Line Between Fact and Opinion

Defamation in Personal Relationships: Clarifying the Line Between Fact and Opinion

Date: Feb 22, 2012
Defamation in Personal Relationships: Clarifying the Line Between Fact and Opinion Introduction The case of Thomas H. v. Paul B. et al. (18 N.Y.3d 580) adjudicated by the Court of Appeals of New York...
Establishing the Scope of the Molineux Exception in Rebutting Extreme Emotional Disturbance Defenses: PEOPLE v. CASS

Establishing the Scope of the Molineux Exception in Rebutting Extreme Emotional Disturbance Defenses: PEOPLE v. CASS

Date: Feb 17, 2012
Establishing the Scope of the Molineux Exception in Rebutting Extreme Emotional Disturbance Defenses: PEOPLE v. CASS Introduction In The PEOPLE of the State of New York v. Mickey Cass, 18 N.Y.3d 553...
Rigorous Standards for Summary Judgment in Negligence Claims Involving Subcontractors: Insights from Minerva Vega v. General Fence Corporation

Rigorous Standards for Summary Judgment in Negligence Claims Involving Subcontractors: Insights from Minerva Vega v. General Fence Corporation

Date: Feb 17, 2012
Rigorous Standards for Summary Judgment in Negligence Claims Involving Subcontractors: Insights from Minerva Vega v. General Fence Corporation Introduction In the case of Minerva Vega v. General...
Recognition of Derivative Claims and Enhanced Accountability in Family Corporations: Lemle v. Lemle

Recognition of Derivative Claims and Enhanced Accountability in Family Corporations: Lemle v. Lemle

Date: Feb 15, 2012
Recognition of Derivative Claims and Enhanced Accountability in Family Corporations: Lemle v. Lemle Introduction Michael Lemle, etc., Plaintiff–Appellant, v. Florence Lemle, et al.,...
Limitations of Contractual Exemptions in Tort Claims: Analysis of Berenger v. 261 West LLC

Limitations of Contractual Exemptions in Tort Claims: Analysis of Berenger v. 261 West LLC

Date: Feb 3, 2012
Limitations of Contractual Exemptions in Tort Claims: Analysis of Berenger v. 261 West LLC Introduction In the landmark case of Berenger et al. v. 261 West LLC et al., adjudicated by the Appellate...
Affirmation of the Zubulake Standard in Voom HD Holdings LLC v. EchoStar Satellite L.L.C.

Affirmation of the Zubulake Standard in Voom HD Holdings LLC v. EchoStar Satellite L.L.C.

Date: Feb 1, 2012
Affirmation of the Zubulake Standard in Voom HD Holdings LLC v. EchoStar Satellite L.L.C. Introduction In the landmark case of Voom HD Holdings LLC v. EchoStar Satellite L.L.C., adjudicated by the...
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