New York Case Commentaries

Threat of Litigation Recognized as Adverse Action in Retaliation Claims under NY Human Rights Law

Date: Feb 16, 2024

Threat of Litigation Recognized as Adverse Action in Retaliation Claims under NY Human Rights Law Introduction The New York Court of Appeals issued a pivotal decision on February 15, 2024, in the...

Defining 'Direct Physical Loss or Damage' in Insurance Policies: A New Precedent in the Wake of COVID-19

Date: Feb 16, 2024

Defining 'Direct Physical Loss or Damage' in Insurance Policies: A New Precedent in the Wake of COVID-19 Introduction The legal landscape surrounding insurance claims during the COVID-19 pandemic has...

Affirmation of Employee Rights under Labor Law §193 and Exceptions to Partnership Liability in Costello v. Curan & Ahlers

Date: Feb 15, 2024

Affirmation of Employee Rights under Labor Law §193 and Exceptions to Partnership Liability in Costello v. Curan & Ahlers Introduction In the landmark case of Costello v. Curan & Ahlers, LLP, the...

Affirmation of Showup Procedures in Proximal Identification: The PEOPLE v. Ralph Rodriguez

Date: Feb 15, 2024

Affirmation of Showup Procedures in Proximal Identification: The PEOPLE v. Ralph Rodriguez Introduction The case of The PEOPLE v. Ralph Rodriguez (205 N.Y.S.3d 451) adjudicated by the New York...

Establishing Strict Compliance for Service of Process: Petar Bachvarov v. Foot and Ankle Center of Fort Lee, LLC

Date: Feb 15, 2024

Establishing Strict Compliance for Service of Process: Petar Bachvarov v. Foot and Ankle Center of Fort Lee, LLC Introduction In the case of Petar Bachvarov v. Foot and Ankle Center of Fort Lee, LLC,...

Affirmation of Derivative Child Abuse Findings in Family Court Proceedings

Date: Feb 15, 2024

Affirmation of Derivative Child Abuse Findings in Family Court Proceedings Introduction The case of In the Matter of Nash D. et al., decided by the New York Supreme Court — Appellate Division on...

Supreme Court Upholds Immunity for Nursing Homes under EDTPA Amid COVID-19

Date: Feb 14, 2024

Supreme Court Upholds Immunity for Nursing Homes under EDTPA Amid COVID-19 Introduction In the landmark case of Johnie Hasan etc. v. Terrace Acquisitions II, LLC (2024 N.Y. Slip Op. 739), the Supreme...

Total Unemployment Defined for Annual Salaried Civil Service Employees under Civil Service Law §136

Date: Feb 9, 2024

Total Unemployment Defined for Annual Salaried Civil Service Employees under Civil Service Law §136 Introduction The case of Bernard Bruyere, Appellant v. New York State Department of Corrections and...

Establishing Boundaries for Labor Law §240(1) Claims and Indemnification in Workplace Accidents: Devlin v. AECOM et al.

Date: Feb 9, 2024

Establishing Boundaries for Labor Law §240(1) Claims and Indemnification in Workplace Accidents: Devlin v. AECOM et al. Introduction The case of John Devlin et al. v. AECOM, City University of New...

Strengthening the Burden of Documentary Evidence in CPLR 3211(a) Dismissal Motions: Insights from COALITION v. NEOCRONON

Date: Feb 8, 2024

Strengthening the Burden of Documentary Evidence in CPLR 3211(a) Dismissal Motions: Insights from COALITION OF LANDLORDS, Homeowners & Merchants, Inc. v. S. & A. NEOCRONON, Inc. Introduction The case...

Affirmation of Derivative Abuse and Neglect Findings in Family Court Proceedings

Date: Feb 8, 2024

Affirmation of Derivative Abuse and Neglect Findings in Family Court Proceedings Introduction In the case of In the Matter of Nyla S., the New York Supreme Court — Appellate Division upheld the...

Ensuring Judicial Impartiality in Family Court Sua Sponte Actions: Insights from Zyion B. v. Onondaga County DCFS

Date: Feb 3, 2024

Ensuring Judicial Impartiality in Family Court Sua Sponte Actions: Insights from Zyion B. v. Onondaga County DCFS Introduction The case of In the Matter of Zyion B. Onondaga County Department of...

Affirmation of Standing in Environmental Land Use Cases: Friends of the Shawangunks v. Town of Gardiner Planning Board

Date: Feb 2, 2024

Affirmation of Standing in Environmental Land Use Cases: Friends of the Shawangunks v. Town of Gardiner Planning Board Introduction The case of Friends of the Shawangunks, Appellant, v. Town of...

Reversal of Denial for Late Notice of Claim: Establishing Public Entity Accountability

Date: Feb 1, 2024

Reversal of Denial for Late Notice of Claim: Establishing Public Entity Accountability Introduction The case of Maria-Lucia Anghel v. Town of Hempstead, et al. (2024 N.Y. Slip Op. 420) adjudicated by...

Affirmation of Level Three Sex Offender Designation in People v. Grief: Establishing Strict Compliance with Risk Assessment Guidelines

Date: Feb 1, 2024

Affirmation of Level Three Sex Offender Designation in People v. Grief: Establishing Strict Compliance with Risk Assessment Guidelines Introduction In People of State of New York v. Christopher Grief...

Corporate Veil-Piercing and Fraudulent Conveyance: Insights from 245 E. 19 Realty LLC v. 245 E. 19th Street Parking LLC et al.

Date: Jan 31, 2024

Corporate Veil-Piercing and Fraudulent Conveyance: Insights from 245 E. 19 Realty LLC v. 245 E. 19th Street Parking LLC et al. Introduction In the landmark case of 245 E. 19 Realty LLC v. 245 E. 19th...

Reaffirming the Integrity of Alford Pleas: Insights from The People v. Hafer

Date: Jan 26, 2024

Reaffirming the Integrity of Alford Pleas: Insights from The People v. Hafer Introduction The People of the State of New York v. Brian Hafer (2024 N.Y. Slip Op. 341) is a landmark decision by the...

Affirmation of First-Degree Rape Conviction Reinforces Jury Credibility Standards and Forensic Evidence

Date: Jan 26, 2024

Affirmation of First-Degree Rape Conviction Reinforces Jury Credibility Standards and Forensic Evidence Introduction In the landmark case of The People of the State of New York v. Damien M. Karnes...

Affirmation of CPLR 3211(a) Standards and Proper Service in Breach of Contract: Carpio v. Morris

Date: Jan 25, 2024

Affirmation of CPLR 3211(a) Standards and Proper Service in Breach of Contract: Carpio v. Morris Introduction In the case of Melvin Carpio v. Cory Morris (2024 N.Y. Slip Op. 293), the Supreme Court...

Judicial Discretion in Concurrent Sentencing: The People v. Juan Carlos Gomez

Date: Jan 25, 2024

Judicial Discretion in Concurrent Sentencing: The People v. Juan Carlos Gomez Introduction In the appellate case of The People v. Juan Carlos Gomez (203 N.Y.S.3d 703), the New York Supreme Court –...