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  • Commentaries
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New York Case Commentaries

Interpretation of Policy Exclusions in Wrongful Death Claims: CRAGG v. ALLSTATE INDEMnity Corporation

Interpretation of Policy Exclusions in Wrongful Death Claims: CRAGG v. ALLSTATE INDEMnity Corporation

Date: Jun 10, 2011
Interpretation of Policy Exclusions in Wrongful Death Claims: CRAGG v. ALLSTATE INDEMnity Corporation Introduction The case of CRAGG v. ALLSTATE INDEMnity Corporation, decided on June 9, 2011, by the...
Enforcing Broad Release Agreements: Analysis of Centro Empresarial Cempresa S.A. v. América Móvil

Enforcing Broad Release Agreements: Analysis of Centro Empresarial Cempresa S.A. v. América Móvil

Date: Jun 8, 2011
Enforcing Broad Release Agreements: Analysis of Centro Empresarial Cempresa S.A. v. América Móvil Introduction The case of Centro Empresarial Cempresa S.A. v. América Móvil (17 N.Y.3d 269) serves as...
Standing Requirements in Mortgage Foreclosure: Clarifying the Role of MERS in BANK OF NEW YORK v. Silverberg

Standing Requirements in Mortgage Foreclosure: Clarifying the Role of MERS in BANK OF NEW YORK v. Silverberg

Date: Jun 8, 2011
Standing Requirements in Mortgage Foreclosure: Clarifying the Role of MERS in BANK OF NEW YORK v. Silverberg Introduction The appellate case BANK OF NEW YORK, Respondent, v. STEPHEN SILVERBERG et...
Subcontractor Liability under Labor Law § 240(1) and § 241(6): Insights from Raimundo Nascimento v. Bridgehampton Construction Corp.

Subcontractor Liability under Labor Law § 240(1) and § 241(6): Insights from Raimundo Nascimento v. Bridgehampton Construction Corp.

Date: Jun 3, 2011
Subcontractor Liability under Labor Law § 240(1) and § 241(6): Insights from Raimundo Nascimento v. Bridgehampton Construction Corp. Introduction The case of Raimundo Nascimento v. Bridgehampton...
Legal Malpractice Dismissed Due to Statute of Limitations: DEMPSTER v. LIOTTI

Legal Malpractice Dismissed Due to Statute of Limitations: DEMPSTER v. LIOTTI

Date: May 25, 2011
Legal Malpractice Dismissed Due to Statute of Limitations: DEMPSTER v. LIOTTI Introduction Madeline Dempster, the respondent-appellant, initiated a legal malpractice action against her former...
Sandals Resorts v. Google: Affirmation of Protected Opinion in Defamation Claim

Sandals Resorts v. Google: Affirmation of Protected Opinion in Defamation Claim

Date: May 20, 2011
Sandals Resorts v. Google: Affirmation of Protected Opinion in Defamation Claim Introduction In the case of Sandals Resorts International Limited v. Google, Inc., reported as 86 A.D.3d 32 by the...
Strict Compliance with RPAPL 1304 as a Condition Precedent in Foreclosure Actions: Aurora Loan Services, LLC v. Weisblum

Strict Compliance with RPAPL 1304 as a Condition Precedent in Foreclosure Actions: Aurora Loan Services, LLC v. Weisblum

Date: May 18, 2011
Strict Compliance with RPAPL 1304 as a Condition Precedent in Foreclosure Actions: Aurora Loan Services, LLC v. Weisblum Introduction The case of Aurora Loan Services, LLC v. Steven Weisblum et al....
Enhanced Safety Obligations under Labor Law § 241(6): Ortega v. Everest Realty LLC

Enhanced Safety Obligations under Labor Law § 241(6): Ortega v. Everest Realty LLC

Date: May 13, 2011
Enhanced Safety Obligations under Labor Law § 241(6): Ortega v. Everest Realty LLC Introduction The case of Rudy Ortega v. Everest Realty LLC et al. addresses critical issues surrounding workplace...
Balancing Tenant Assembly Rights with Building and Fire Codes: Insights from 1234 Broadway LLC v. West Side SRO Law Project

Balancing Tenant Assembly Rights with Building and Fire Codes: Insights from 1234 Broadway LLC v. West Side SRO Law Project

Date: May 13, 2011
Balancing Tenant Assembly Rights with Building and Fire Codes: Insights from 1234 Broadway LLC v. West Side SRO Law Project Introduction The appellate case 1234 Broadway LLC v. West Side SRO Law...
Reckitt Colman v. Yun Tung Chow: Establishing Enhanced Standards for Summary Judgment in Defective Design Claims

Reckitt Colman v. Yun Tung Chow: Establishing Enhanced Standards for Summary Judgment in Defective Design Claims

Date: May 11, 2011
Reckitt Colman v. Yun Tung Chow: Establishing Enhanced Standards for Summary Judgment in Defective Design Claims Introduction In Yun Tung Chow, et al. v. Reckitt Colman, Inc., et al., the Court of...
Establishing Standards for Reasonable Suspicion in the Possession of Gravity Knives: Insights from PEOPLE v. BRANNON and PEOPLE v. FERNANDEZ

Establishing Standards for Reasonable Suspicion in the Possession of Gravity Knives: Insights from PEOPLE v. BRANNON and PEOPLE v. FERNANDEZ

Date: May 6, 2011
Establishing Standards for Reasonable Suspicion in the Possession of Gravity Knives: Insights from PEOPLE v. BRANNON and PEOPLE v. FERNANDEZ Introduction PEOPLE v. BRANNON and PEOPLE v. FERNANDEZ are...
Reaffirmation of Strict Evidentiary Standards in Child Neglect Cases Involving Sex Offenders

Reaffirmation of Strict Evidentiary Standards in Child Neglect Cases Involving Sex Offenders

Date: May 6, 2011
Reaffirmation of Strict Evidentiary Standards in Child Neglect Cases Involving Sex Offenders Introduction The case of In the Matter of AFTON C., a Child Alleged to be Neglected addresses critical...
Double Jeopardy and Postrelease Supervision in Resentencing: An In-Depth Analysis of People v. Lingle et al.

Double Jeopardy and Postrelease Supervision in Resentencing: An In-Depth Analysis of People v. Lingle et al.

Date: Apr 29, 2011
Double Jeopardy and Postrelease Supervision in Resentencing: An In-Depth Analysis of People v. Lingle et al. Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v. JOHN LINGLE, et al. (16...
Direct Client Liability for Court Reporting Fees Established in Dreier Reporting Corp. v. Global Naps Networks

Direct Client Liability for Court Reporting Fees Established in Dreier Reporting Corp. v. Global Naps Networks

Date: Apr 27, 2011
Direct Client Liability for Court Reporting Fees Established in Dreier Reporting Corp. v. Global Naps Networks Introduction The case ELISA DREIER REPORTING CORP., Doing Business as FIRST REPORTING...
Enforcement of Choice of Law Clauses in International Guarantees: IRB-Brazil Resseguros v. Inepar Investments

Enforcement of Choice of Law Clauses in International Guarantees: IRB-Brazil Resseguros v. Inepar Investments

Date: Apr 27, 2011
Enforcement of Choice of Law Clauses in International Guarantees: IRB-Brazil Resseguros v. Inepar Investments Introduction The case IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A. addresses...
Indemnification Clauses and Liability under Labor Law §200: Insights from Larosa v. Internap Network Services Corp.

Indemnification Clauses and Liability under Labor Law §200: Insights from Larosa v. Internap Network Services Corp.

Date: Apr 20, 2011
Indemnification Clauses and Liability under Labor Law §200: Insights from Larosa v. Internap Network Services Corp. Introduction The case of Joseph S. LaRosa, Jr. et al. v. Internap Network Services...
Kopelowitz v. Mann et al.: Establishing Standards for Unjust Enrichment and Quantum Meruit Claims in Real Estate Transactions

Kopelowitz v. Mann et al.: Establishing Standards for Unjust Enrichment and Quantum Meruit Claims in Real Estate Transactions

Date: Apr 13, 2011
Kopelowitz v. Mann et al.: Establishing Standards for Unjust Enrichment and Quantum Meruit Claims in Real Estate Transactions Introduction In the case of Kopelowitz Co., Inc. v. Maurice Mann et al....
Anticipatory Repudiation and Fiduciary Duty in PALMETTO PARTNERS v. AJW QUALIFIED PARTNERS

Anticipatory Repudiation and Fiduciary Duty in PALMETTO PARTNERS v. AJW QUALIFIED PARTNERS

Date: Apr 13, 2011
Anticipatory Repudiation and Fiduciary Duty in PALMETTO PARTNERS v. AJW QUALIFIED PARTNERS Introduction The case of PALMETTO PARTNERS L.P., et al. v. AJW QUALIFIED PARTNERS, LLC, et al. adjudicated...
Enhanced Liability Under Labor Law §240(1): Analysis of Harris v. City of New York

Enhanced Liability Under Labor Law §240(1): Analysis of Harris v. City of New York

Date: Apr 6, 2011
Enhanced Liability Under Labor Law §240(1): Analysis of Harris v. City of New York Introduction The case of Kendall Harris v. City of New York (83 A.D.3d 104), adjudicated by the Appellate Division...
Albunio v. City of New York: Expanding Retaliation Protections Under NYC Human Rights Law

Albunio v. City of New York: Expanding Retaliation Protections Under NYC Human Rights Law

Date: Apr 1, 2011
Albunio v. City of New York: Expanding Retaliation Protections Under NYC Human Rights Law Introduction Albunio v. City of New York, 16 N.Y.3d 472 (2011), is a landmark case adjudicated by the Court...
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