New York Case Commentaries

Effective Assistance of Counsel in Statute of Limitations Defense: PEOPLE v. EVANS

Date: Apr 1, 2011

Effective Assistance of Counsel in Statute of Limitations Defense: PEOPLE v. EVANS Introduction People v. Shareef Evans, 16 N.Y.3d 571 (2011), is a pivotal case decided by the Court of Appeals of the...

Enhanced Liability Standards in Labor Law § 240(1): Insights from Poracki v. St. Mary’s Roman Catholic Church

Date: Mar 30, 2011

Enhanced Liability Standards in Labor Law § 240(1): Insights from Poracki v. St. Mary’s Roman Catholic Church Introduction The case of Witold J. Poracki v. St. Mary’s Roman Catholic Church et al....

Establishing New Jurisdictional Standards for Online Copyright Infringement: The Penguin Group v. American Buddha Decision

Date: Mar 25, 2011

Establishing New Jurisdictional Standards for Online Copyright Infringement: The Penguin Group v. American Buddha Decision Introduction The case of PENGUIN GROUP (USA) INC. v. AMERICAN BUDDHA,...

Strict Compliance with Filing Requirements under CPLR 2001: The Goldenberg v. Westchester County Health Care Corporation Decision

Date: Mar 25, 2011

Strict Compliance with Filing Requirements under CPLR 2001: The Goldenberg v. Westchester County Health Care Corporation Decision Introduction (Goldenberg v. Westchester County Health Care...

Establishing Comprehensive Liability Standards for Property Owners Under Labor Law §200 and §241(6): Insights from Reyes v. Arco Wentworth Management Corporation

Date: Mar 16, 2011

Establishing Comprehensive Liability Standards for Property Owners Under Labor Law §200 and §241(6): Insights from Reyes v. Arco Wentworth Management Corporation Introduction In the landmark case...

Enforcement of Stock Pledge Agreements and the Limits of Fraudulent Inducement Claims: Insights from Perrotti v. Becker et al.

Date: Mar 11, 2011

Enforcement of Stock Pledge Agreements and the Limits of Fraudulent Inducement Claims: Insights from Perrotti v. Becker et al. Introduction Gustavo Perrotti v. Becker, Glynn, Melamed Muffly LLP, et...

Public Interest Determination in Utility Property Transfers: Luyster Creek v. NY State PSC

Date: Mar 11, 2011

Public Interest Determination in Utility Property Transfers: Luyster Creek v. NY State PSC Introduction The case of Luyster Creek, LLC v. New York State Public Service Commission (PSC) involves a...

Precedent on Summary Judgment in Labor Law Claims: Mendoza v. Highpoint Associates

Date: Mar 9, 2011

Precedent on Summary Judgment in Labor Law Claims: Mendoza v. Highpoint Associates Introduction In Jose Mendoza v. Highpoint Associates, IX, LLC, 83 A.D.3d 1 (App. Div. 1st Dept. 2011), the Appellate...

Stukas v. Streiter: Limiting Plaintiff's Rebuttal to Defendant's Prima Facie Case in Medical Malpractice Summary Judgments

Date: Mar 9, 2011

Stukas v. Streiter: Limiting Plaintiff's Rebuttal to Defendant's Prima Facie Case in Medical Malpractice Summary Judgments Introduction The case of Robert Stukas v. Michael Streiter et al. (83 A.D.3d...

Mandarin Trading Ltd. v. Guy Wildenstein: Reinforcing the Necessity of Fiduciary Duty in Fraud Claims

Date: Feb 11, 2011

Mandarin Trading Ltd. v. Guy Wildenstein: Reinforcing the Necessity of Fiduciary Duty in Fraud Claims Introduction The case of Mandarin Trading Ltd. v. Guy Wildenstein et al. (16 N.Y.3d 173)...

Affirming the Collateral Nature of SOMTA Consequences in Guilty Pleas – PEOPLE v. HARNETT

Date: Feb 11, 2011

Affirming the Collateral Nature of SOMTA Consequences in Guilty Pleas – PEOPLE v. HARNETT Introduction PEOPLE v. HARNETT (16 N.Y.3d 200), adjudicated by the Court of Appeals of the State of New York...

Roldan v. New York University: Clarifying Standards for Summary Judgment and Contractual Indemnification in Elevator Accident Claims

Date: Feb 2, 2011

Roldan v. New York University: Clarifying Standards for Summary Judgment and Contractual Indemnification in Elevator Accident Claims Introduction In the case of Roldan v. New York University et al.,...

Worker Safety Obligations under Labor Law §240(1) and Insurance Indemnification: Insights from Auriemma v. Biltmore Theatre, LLC

Date: Jan 28, 2011

Worker Safety Obligations under Labor Law §240(1) and Insurance Indemnification: Insights from Auriemma v. Biltmore Theatre, LLC Introduction The case of Auriemma v. Biltmore Theatre, LLC (82 A.D.3d...

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New York Case Commentaries

Effective Assistance of Counsel in Statute of Limitations Defense: PEOPLE v. EVANS

Enhanced Liability Standards in Labor Law § 240(1): Insights from Poracki v. St. Mary’s Roman Catholic Church

Establishing New Jurisdictional Standards for Online Copyright Infringement: The Penguin Group v. American Buddha Decision

Strict Compliance with Filing Requirements under CPLR 2001: The Goldenberg v. Westchester County Health Care Corporation Decision

Establishing Comprehensive Liability Standards for Property Owners Under Labor Law §200 and §241(6): Insights from Reyes v. Arco Wentworth Management Corporation

Enforcement of Stock Pledge Agreements and the Limits of Fraudulent Inducement Claims: Insights from Perrotti v. Becker et al.

Public Interest Determination in Utility Property Transfers: Luyster Creek v. NY State PSC

Precedent on Summary Judgment in Labor Law Claims: Mendoza v. Highpoint Associates

Stukas v. Streiter: Limiting Plaintiff's Rebuttal to Defendant's Prima Facie Case in Medical Malpractice Summary Judgments

Mandarin Trading Ltd. v. Guy Wildenstein: Reinforcing the Necessity of Fiduciary Duty in Fraud Claims

Affirming the Collateral Nature of SOMTA Consequences in Guilty Pleas – PEOPLE v. HARNETT

Roldan v. New York University: Clarifying Standards for Summary Judgment and Contractual Indemnification in Elevator Accident Claims

Worker Safety Obligations under Labor Law §240(1) and Insurance Indemnification: Insights from Auriemma v. Biltmore Theatre, LLC

Renewal of Motion to Vacate Default: Balancing Procedural Strictness with Merit Adjudication

Williams v. The People of New York: Establishing the Fruit of Illegal Arrest Doctrine

Kowaleski v. New York State Department of Correctional Services: Enforcing Retaliation Protections in Arbitration

Establishing the "Minimal Inquiry" Standard for Substitution of Counsel

Separate Fraud and Breach of Contract Claims Upholding in Inducement Cases

Establishing Legal Sufficiency in Conspiracy Charges: Insights from People v. Ackies et al.

Constructive Trust Requirements and Use and Occupancy Damages: Insights from Marini v. Lombardo