New York Case Commentaries

Sufficient Pleading under Court of Claims Act § 11(b): Upholding CVA Claims with Historical Allegations of Negligence

Date: Jan 12, 2024

Sufficient Pleading under Court of Claims Act § 11(b): Upholding CVA Claims with Historical Allegations of Negligence Introduction The case of Fred U. Young III v. State of New York (2024 N.Y. Slip...

Enhanced Scrutiny on Plain View Seizures in Illegally Detained Situations: Insights from Messano v. The People

Date: Jan 12, 2024

Enhanced Scrutiny on Plain View Seizures in Illegally Detained Situations: Insights from Messano v. The People Introduction In the landmark case The PEOPLE of the State of New York v. Joshua Messano...

Strict Compliance in Service of Process: Insights from Buenos Hill, Inc. v. City of Saratoga Springs

Date: Jan 12, 2024

Strict Compliance in Service of Process: Insights from Buenos Hill, Inc. v. City of Saratoga Springs Introduction The case of Buenos Hill, Inc. et al. v. City of Saratoga Springs et al. (2024 N.Y....

Establishing Standing in Mortgage Foreclosure: Insights from Emigrant Bank v. Yitzchok Kaufman et al.

Date: Jan 11, 2024

Establishing Standing in Mortgage Foreclosure: Insights from Emigrant Bank v. Yitzchok Kaufman et al. Introduction The case of Emigrant Bank, appellant, v. Yitzchok Kaufman, et al. serves as a...

Colon v. Crespo: Establishing Standards for Frivolous Motions and Sanctions in Partition Actions

Date: Jan 11, 2024

Colon v. Crespo: Establishing Standards for Frivolous Motions and Sanctions in Partition Actions Introduction In Donna L. Colon v. William Crespo, Jr., 223 A.D.3d 645 (Sup. Ct., NY, 2024), the...

Baco v. Paramount: Defining Premises Liability and Contractor Responsibilities under Labor Law §200

Date: Jan 10, 2024

Baco v. Paramount: Defining Premises Liability and Contractor Responsibilities under Labor Law §200 Introduction The case of Bujar Baco et al. v. Paramount Leasehold, L.P. et al., adjudicated in the...

Affirmation of Attorney-Client Relationship and Liability in Legal Malpractice: Insights from Eichengrun v. Panasci

Date: Jan 5, 2024

Affirmation of Attorney-Client Relationship and Liability in Legal Malpractice: Insights from Eichengrun v. Panasci Introduction The case of William A. Eichengrun et al. v. Robert Panasci et al., and...

Voluntary Consent as an Attenuating Factor in Suppression Motions: Insights from People v. Autumn J. Crispell

Date: Jan 5, 2024

Voluntary Consent as an Attenuating Factor in Suppression Motions: Insights from People v. Autumn J. Crispell Introduction People v. Autumn J. Crispell (223 A.D.3d 941, Supreme Court of New York,...

Enforcement of Guaranties Outside the NYC Guaranty Law Protection Period: Tamar Equities Corp. v. Signature Barbershop 33 Inc.

Date: Jan 5, 2024

Enforcement of Guaranties Outside the NYC Guaranty Law Protection Period: Tamar Equities Corp. v. Signature Barbershop 33 Inc. Introduction The case of Tamar Equities Corp., Plaintiff-Appellant, v....

Affirmation of Relation-Back Doctrine and CPLR 306-b in Amendment of Judicial Pleadings

Date: Dec 28, 2023

Affirmation of Relation-Back Doctrine and CPLR 306-b in Amendment of Judicial Pleadings Introduction The case Atul Bhatara, et al. v. Paul Kolaj, et al. (222 A.D.3d 926) adjudicated by the Supreme...

Reversal of Foreclosure Judgment in Deutsche Bank National Trust Co. v. Geslani Establishes Rigorous Standards for Default Judgments

Date: Dec 21, 2023

Reversal of Foreclosure Judgment in Deutsche Bank National Trust Co. v. Geslani Establishes Rigorous Standards for Default Judgments Introduction The case of Deutsche Bank National Trust Company,...

Establishing Charging Liens Under Judiciary Law § 475: Analysis of Messina v. Sparrow

Date: Dec 14, 2023

Establishing Charging Liens Under Judiciary Law § 475: Analysis of Messina v. Sparrow Introduction In the landmark case John Messina, et al., v. Delroy Wedderburn, et al. (2023 N.Y. Slip Op. 6360),...

Affirmation of Double-Blind Photo Identification Procedures and Proper Severance Under CPL 200.20 in Robbery Cases

Date: Dec 14, 2023

Affirmation of Double-Blind Photo Identification Procedures and Proper Severance Under CPL 200.20 in Robbery Cases Introduction In the case of The People of the State of New York v. Devon Tyme, Jr....

Defining Employee Status in Workers' Compensation Claims: The Puccio v. Absolute Chimney Decision

Date: Dec 8, 2023

Defining Employee Status in Workers' Compensation Claims: The Puccio v. Absolute Chimney Decision Introduction The case of Anthony Puccio v. Absolute Chimney & Home Improvement, LLC addresses the...

Enhanced Oversight of Local Authorities: New Precedent in Public Authorities Accountability

Date: Dec 8, 2023

Enhanced Oversight of Local Authorities: New Precedent in Public Authorities Accountability Introduction The Supreme Court of New York, Third Department, in In the Matter of Saratoga Economic...

Brendan Hoffman v. The People of New York: Reinforcing Brady Obligations in Criminal Proceedings

Date: Nov 23, 2023

Brendan Hoffman v. The People of New York: Reinforcing Brady Obligations in Criminal Proceedings Introduction Brendan Hoffman v. The People of New York is a landmark decision by the Supreme Court of...

Resentencing Under the Domestic Violence Survivors Justice Act: People v. Liz L.

Date: Nov 23, 2023

Resentencing Under the Domestic Violence Survivors Justice Act: People v. Liz L. (221 A.D.3d 1288) Introduction People of the State of New York, Respondent, v. Liz L., Appellant is a landmark case...

Affirmation of Family Offense Considerations in Custody Determinations: Jacklyn PP. v. Jonathan QQ.

Date: Nov 23, 2023

Affirmation of Family Offense Considerations in Custody Determinations: Jacklyn PP. v. Jonathan QQ. Introduction In the landmark case of Jacklyn PP. v. Jonathan QQ. (221 A.D.3d 1293), decided by the...

Termination of Parental Rights in Cases of Permanent Neglect: Insights from Elaysia GG. v. Chenango County DSS

Date: Nov 23, 2023

Termination of Parental Rights in Cases of Permanent Neglect: Insights from Elaysia GG. v. Chenango County Department of Social Services Introduction The case of Elaysia GG. v. Chenango County...

Preservation Failure: The Unreviewability of Unpreserved Second Amendment Challenges in People v. David

Date: Nov 22, 2023

Preservation Failure: The Unreviewability of Unpreserved Second Amendment Challenges in People v. David Introduction People v. Carlos L. David is a pivotal case decided by the New York Court of...