Voluntariness of Consent in Vehicular Searches: The People v. Barner Commentary Introduction The People of the State of New York v. Kentrell L. Barner (221 A.D.3d 1493) is a pivotal case decided by...
Temporal Nexus and Causation in DVSJA Resentencing Applications: People of New York v. Brandon P. Fisher Introduction People of the State of New York v. Brandon P. Fisher (221 A.D.3d 1195) is a...
Recognition of Freelance Status under the Freelance Isn't Free Act: MJ Lilly Associates, LLC v. Ovis Creative, LLC Introduction The case of MJ Lilly Associates, LLC v. Ovis Creative, LLC (221 A.D.3d...
Clarifying Duty of Care and Expert Testimony Foundations in Medical Malpractice: Abruzzi v. Hindenburg Introduction The case of Abruzzi v. Hindenburg (221 A.D.3d 753), adjudicated by the Supreme...
Interpretation of CPLR 205-a and FAPA in Mortgage Foreclosure Actions: Johnson v. Cascade Funding Mortgage Trust 2017-1 Introduction Robert Johnson and Christine Johnson (collectively, the Johnsons)...
Reversing Foreclosure Due to Statute of Limitations: Insights from U.S. Bank National Association v. Nelcida Armand Introduction In the landmark case of U.S. Bank National Association, etc., v....
Affirmation of Defamation Dismissal in Whelan v. Cuomo Establishes Strict Standards for Defamation Per Se Claims Introduction The case of David J. Whelan v. Christina Cuomo (220 A.D.3d 979)...
New Precedent on Familial DNA Searches: NY Court Upholds Commission's Authority Introduction In the landmark case of Terrence Stevens et al. v. New York State Division of Criminal Justice Services et...
Allocation of Contingency Fees in Successive Attorney Representation: Tirado-Sottosanyti v. Crowley Introduction Tirado-Sottosanyti v. Crowley, adjudicated by the Supreme Court of New York, Second...
Reopening Inquests for Additional Evidence in Unjust Enrichment Claims: Commonwealth Land Title Insurance Co. v. Mohammad Islam et al. Introduction In the case of Commonwealth Land Title Insurance...
Amherst Town's Condemnation of Penney Property: A New Precedent in Eminent Domain Law Introduction The case of PENNEY PROPERTY SUB HOLDINGS LLC v. THE TOWN OF AMHERST, decided by the Supreme Court of...
Forged Deeds Are Void Ab Initio and Not Subject to Statute of Limitations: Insights from Simmons v. Bell, 220 A.D.3d 647 Introduction In the landmark case of Derrick Simmons, et al. v. Alfred Bell,...
Valid Waiver of Appeal Rights in Guilty Pleas: Comprehensive Analysis of People v. Giles Introduction In the pivotal case of The PEOPLE of the State of New York v. Levert J. Giles, decided on...
Mandatory Consideration of Youthful Offender Status in Sentencing: Insights from People v. Nasjuan Jones Introduction People of the State of New York v. Nasjuan Jones, 219 A.D.3d 1610 (Supreme Court...
Limitation on Compelling Production of Geographical Data: A New Precedent in Personal Injury Litigation Introduction The case of Margarita Pulgarin v. William F. Richmond, et al. adjudicated by the...
Limiting Punitive Damages in Fiduciary Duty Breaches: Insights from Ng v. Asquared Group, Inc. Introduction The case Nancy Shunkuen Ng, etc., v. Asquared Group, Inc., et al., adjudicated on September...
Nondelegable Duty in Elevated Work Sites under NY Labor Law §240(1) – Wilson v. Bergon Construction Corp. Introduction In William Wilson v. Bergon Construction Corp., et al. (219 A.D.3d 1380), the...
Affirmation of Dismissal in Quiet Title Action: Ramirez v. Bank of New York Mellon Introduction The case of Braulio Ramirez v. Bank of New York Mellon (219 A.D.3d 1359) adjudicated by the Supreme...
Labor Law § 240(1) Extends to Trench Cave-Ins: Insights from Rivas v. Seward Park Housing Corp. Introduction The case of William Rivas v. Seward Park Housing Corporation et al., adjudicated by the...
Establishing Precedent for Reciprocal Discipline in Attorney Misconduct: The Edward B. Geller Case Introduction The case of Edward B. Geller v. Attorney Grievance Committee for the First Judicial...