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  • Commentaries
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New York Case Commentaries

Enhancing Access to Justice through CPLR 306–b: Analysis of Henneberry v. Borstein

Enhancing Access to Justice through CPLR 306–b: Analysis of Henneberry v. Borstein

Date: Jan 18, 2012
Enhancing Access to Justice through CPLR 306–b: Analysis of Henneberry v. Borstein Introduction In the case of Virginia M. Henneberry, Plaintiff–Appellant, v. Leon Baer Borstein, et al.,...
Kropp v. Town of Shandaken: Enhancing Safety Standards in Construction Worksites

Kropp v. Town of Shandaken: Enhancing Safety Standards in Construction Worksites

Date: Jan 13, 2012
Kropp v. Town of Shandaken: Enhancing Safety Standards in Construction Worksites Introduction In the landmark case of John P. Kropp Jr. et al. v. Town of Shandaken et al., adjudicated by the Supreme...
Assessing the Reasonableness of Damages Awards in Personal Injury Cases: Insights from Turusseta v. Wyassup-Laurel Glen Corp.

Assessing the Reasonableness of Damages Awards in Personal Injury Cases: Insights from Turusseta v. Wyassup-Laurel Glen Corp.

Date: Jan 11, 2012
Assessing the Reasonableness of Damages Awards in Personal Injury Cases: Insights from Turusseta v. Wyassup-Laurel Glen Corp. Introduction The case of Lucille Turusseta v. Wyassup-Laurel Glen Corp.,...
Restricting Supplemental Submissions in Summary Judgment Motions: Insights from Ostrov v. Rozbruch

Restricting Supplemental Submissions in Summary Judgment Motions: Insights from Ostrov v. Rozbruch

Date: Jan 4, 2012
Restricting Supplemental Submissions in Summary Judgment Motions: Insights from Ostrov v. Rozbruch Introduction The case of Deborah Ostrov v. Jacob Rozbruch, M.D., Beth Israel Medical Center, decided...
Holland v. City of Poughkeepsie: Refined Standards for Qualified Immunity and Vicarious Liability under 42 USC §1983

Holland v. City of Poughkeepsie: Refined Standards for Qualified Immunity and Vicarious Liability under 42 USC §1983

Date: Dec 21, 2011
Holland v. City of Poughkeepsie: Refined Standards for Qualified Immunity and Vicarious Liability under 42 USC §1983 Introduction Holland v. City of Poughkeepsie, 90 A.D.3d 841 (2011), adjudicated by...
Martin Act Does Not Preempt Common-Law Claims for Breach of Fiduciary Duty and Gross Negligence

Martin Act Does Not Preempt Common-Law Claims for Breach of Fiduciary Duty and Gross Negligence

Date: Dec 21, 2011
Martin Act Does Not Preempt Common-Law Claims for Breach of Fiduciary Duty and Gross Negligence Introduction The case of Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. ([18...
Application of Burden-Shifting Framework in NYC Human Rights Law: Bennett v. Health Management Systems

Application of Burden-Shifting Framework in NYC Human Rights Law: Bennett v. Health Management Systems

Date: Dec 21, 2011
Application of Burden-Shifting Framework in NYC Human Rights Law: Bennett v. Health Management Systems Introduction The case Kenneth Bennett v. Health Management Systems, Inc. (92 A.D.3d 29)...
Appellate Division Establishes Clear Liability Standards for Employer Safety Under Labor Law §§ 240(1) and 241(6) in Melchor v. Singh

Appellate Division Establishes Clear Liability Standards for Employer Safety Under Labor Law §§ 240(1) and 241(6) in Melchor v. Singh

Date: Dec 21, 2011
Appellate Division Establishes Clear Liability Standards for Employer Safety Under Labor Law §§ 240(1) and 241(6) in Melchor v. Singh Introduction In the landmark case of Isidoro Melchor v....
Establishing Standards for Attorney Discharge and Legal Malpractice in New York: Analysis of Doviak v. Finkelstein & Partners, LLP

Establishing Standards for Attorney Discharge and Legal Malpractice in New York: Analysis of Doviak v. Finkelstein & Partners, LLP

Date: Dec 14, 2011
Establishing Standards for Attorney Discharge and Legal Malpractice in New York: Analysis of Doviak v. Finkelstein & Partners, LLP Introduction Doviak v. Finkelstein & Partners, LLP is a pivotal case...
Ensuring the Validity of Appeal Waivers: A Critical Examination of PEOPLE v. BRADSHAW

Ensuring the Validity of Appeal Waivers: A Critical Examination of PEOPLE v. BRADSHAW

Date: Dec 14, 2011
Ensuring the Validity of Appeal Waivers: A Critical Examination of PEOPLE v. BRADSHAW Introduction In the landmark case of The People of the State of New York v. Jay Jomar Bradshaw (18 N.Y.3d 257,...
Affirmation and Expansion of Workers' Protections under Labor Law §240(1) and Indemnification Protocols in the Uniondale Union Free School District Case

Affirmation and Expansion of Workers' Protections under Labor Law §240(1) and Indemnification Protocols in the Uniondale Union Free School District Case

Date: Dec 7, 2011
Affirmation and Expansion of Workers' Protections under Labor Law §240(1) and Indemnification Protocols in the Uniondale Union Free School District Case Introduction The case of Jigar JAMINDAR v....
Clarification of Statute of Limitations under Debtor and Creditor Law §§ 273–a and 276

Clarification of Statute of Limitations under Debtor and Creditor Law §§ 273–a and 276

Date: Nov 30, 2011
Clarification of Statute of Limitations under Debtor and Creditor Law §§ 273–a and 276 Introduction In the landmark case of Terence Coyle, et al. v. Thomas Lefkowitz, et al. (89 A.D.3d 1054),...
Reevaluating "Serious Injury" Under New York's No-Fault Law: Insights from Perl v. Meher et al.

Reevaluating "Serious Injury" Under New York's No-Fault Law: Insights from Perl v. Meher et al.

Date: Nov 23, 2011
Reevaluating "Serious Injury" Under New York's No-Fault Law: Insights from Perl v. Meher et al. Introduction The case of Joseph Perl et al. v. Mehmood Meher et al. presents a pivotal examination of...
Limits on Protective Device Requirements Under Labor Law §240(1): Salazar v. Novalex Contracting Corp.

Limits on Protective Device Requirements Under Labor Law §240(1): Salazar v. Novalex Contracting Corp.

Date: Nov 22, 2011
Limits on Protective Device Requirements Under Labor Law §240(1): Salazar v. Novalex Contracting Corp. Introduction Salazar v. Novalex Contracting Corp. is a pivotal case adjudicated by the Court of...
Legality of Delayed Forensic Analysis in Child Sexual Assault Cases: People v. DeProspero

Legality of Delayed Forensic Analysis in Child Sexual Assault Cases: People v. DeProspero

Date: Nov 19, 2011
Legality of Delayed Forensic Analysis in Child Sexual Assault Cases: People v. DeProspero Introduction The case of The People of the State of New York v. Stephen DeProspero (932 N.Y.S.2d 789)...
Revisiting Landowner Liability: Gronski v. County of Monroe Establishes Nuanced Control Standards

Revisiting Landowner Liability: Gronski v. County of Monroe Establishes Nuanced Control Standards

Date: Nov 18, 2011
Revisiting Landowner Liability: Gronski v. County of Monroe Establishes Nuanced Control Standards Introduction In the landmark case of Gronski v. County of Monroe, the Court of Appeals of New York...
Reaffirming the Limited Scope of Ledwon and Addressing Pretrial Identification Procedures in People v. Delamota

Reaffirming the Limited Scope of Ledwon and Addressing Pretrial Identification Procedures in People v. Delamota

Date: Nov 18, 2011
Reaffirming the Limited Scope of Ledwon and Addressing Pretrial Identification Procedures in People v. Delamota Introduction PEOPLE v. SEBASTIAN DELAMOTA, 18 N.Y.3d 107 (2011), adjudicated by the...
Juror Dismissal Due to Hearing Impairment: Insights from PEOPLE v. GUAY

Juror Dismissal Due to Hearing Impairment: Insights from PEOPLE v. GUAY

Date: Nov 16, 2011
Juror Dismissal Due to Hearing Impairment: Insights from PEOPLE v. GUAY Introduction People v. Dean A. Guay (18 N.Y.3d 16, 2011) is a notable case adjudicated by the Court of Appeals of New York. The...
Application of DR 5-104(A) to Transactions with Former Clients: Enhancing Protections Against Exploitative Conduct

Application of DR 5-104(A) to Transactions with Former Clients: Enhancing Protections Against Exploitative Conduct

Date: Nov 11, 2011
Application of DR 5-104(A) to Transactions with Former Clients: Enhancing Protections Against Exploitative Conduct Introduction The disciplinary action against John M. Ioannou, an attorney admitted...
Mandatory Special Meetings under Union Bylaws: In re Chandra LaSonde v. Norman Seabrook

Mandatory Special Meetings under Union Bylaws: In re Chandra LaSonde v. Norman Seabrook

Date: Nov 4, 2011
Mandatory Special Meetings under Union Bylaws: In re Chandra LaSonde v. Norman Seabrook Introduction The case of In re Chandra LaSonde, et al., Petitioners–Respondents, v. Norman Seabrook, etc., et...
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