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  • Commentaries
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New York Case Commentaries

Enforcing Conditional Preclusion Orders: GIBBS v. ST. BARNABAS HOSPITAL

Enforcing Conditional Preclusion Orders: GIBBS v. ST. BARNABAS HOSPITAL

Date: Dec 17, 2010
Enforcing Conditional Preclusion Orders: GIBBS v. ST. BARNABAS HOSPITAL Introduction GIBBS v. ST. BARNABAS HOSPITAL (16 N.Y.3d 74), adjudicated by the Court of Appeals of the State of New York on...
Temporary Staircases as 'Devices' under Labor Law §240(1): McDonald v. UICC Holding

Temporary Staircases as 'Devices' under Labor Law §240(1): McDonald v. UICC Holding

Date: Dec 3, 2010
Temporary Staircases as 'Devices' under Labor Law §240(1): McDonald v. UICC Holding Introduction In the case of Jason McDonald v. UICC Holding, LLC (79 A.D.3d 1220), adjudicated by the Appellate...
Separation of Contractual Obligations in LLC Agreements: Analysis of Applehead Pictures LLC v. Perelman

Separation of Contractual Obligations in LLC Agreements: Analysis of Applehead Pictures LLC v. Perelman

Date: Dec 3, 2010
Separation of Contractual Obligations in LLC Agreements: Analysis of Applehead Pictures LLC v. Perelman Introduction The case of Applehead Pictures LLC v. Ronald O. Perelman, adjudicated by the...
Affirming Termination of Parental Rights in Cases of Permanent Neglect and Severe Abuse: The Brendan N. Decision

Affirming Termination of Parental Rights in Cases of Permanent Neglect and Severe Abuse: The Brendan N. Decision

Date: Dec 3, 2010
Affirming Termination of Parental Rights in Cases of Permanent Neglect and Severe Abuse: The Brendan N. Decision Introduction The case of Brendan N. involves complex legal proceedings surrounding...
Enhanced Liability Standards under Labor Law §240(1) in Construction Safety

Enhanced Liability Standards under Labor Law §240(1) in Construction Safety

Date: Dec 1, 2010
Enhanced Liability Standards under Labor Law §240(1) in Construction Safety Introduction The case of Michael La Veglia v. St. Francis Hospital et al. adjudicated by the Appellate Division of the...
Reaffirming Batson Standards: In-Depth Commentary on People v. Hecker and Related Jury Selection Cases

Reaffirming Batson Standards: In-Depth Commentary on People v. Hecker and Related Jury Selection Cases

Date: Dec 1, 2010
Reaffirming Batson Standards: In-Depth Commentary on People v. Hecker and Related Jury Selection Cases Introduction The interplay between juror selection and discrimination claims forms a pivotal...
GILL KENT v. 534 EAST 11TH STREET: Precedent on Statute of Limitations and Evidentiary Requirements in Breach of Contract Claims

GILL KENT v. 534 EAST 11TH STREET: Precedent on Statute of Limitations and Evidentiary Requirements in Breach of Contract Claims

Date: Oct 29, 2010
GILL KENT v. 534 EAST 11TH STREET: Precedent on Statute of Limitations and Evidentiary Requirements in Breach of Contract Claims Introduction In the appellate case of GILL KENT, Respondent, v. 534...
Limiting Counsel Fee Awards to Objectants in New York Class Actions: Flemming v. Indi

Limiting Counsel Fee Awards to Objectants in New York Class Actions: Flemming v. Indi

Date: Oct 22, 2010
Limiting Counsel Fee Awards to Objectants in New York Class Actions: Flemming v. Indi Introduction The case of Flemming v. Indi (15 N.Y.3d 375) adjudicated by the Court of Appeals of the State of New...
Affirming Arbitrators' Discretion on Collateral Estoppel in Successive Arbitration Proceedings

Affirming Arbitrators' Discretion on Collateral Estoppel in Successive Arbitration Proceedings

Date: Oct 22, 2010
Affirming Arbitrators' Discretion on Collateral Estoppel in Successive Arbitration Proceedings Introduction The case In the Matter of the Arbitration between Carmen I. Falzone (now Carmen I. Cordero)...
Refining the Bounds of In Pari Delicto: New Precedents on Imputation and Adverse Interest in Corporate Fraud Cases

Refining the Bounds of In Pari Delicto: New Precedents on Imputation and Adverse Interest in Corporate Fraud Cases

Date: Oct 22, 2010
Refining the Bounds of In Pari Delicto: New Precedents on Imputation and Adverse Interest in Corporate Fraud Cases Introduction The judgment in MARC S. KIRSCHNER, as Trustee of the REFCO LITIGATION...
Coram Nobis as a Remedy for Ineffective Assistance of Counsel in Appellate Appeals

Coram Nobis as a Remedy for Ineffective Assistance of Counsel in Appellate Appeals

Date: Oct 15, 2010
Coram Nobis as a Remedy for Ineffective Assistance of Counsel in Appellate Appeals Introduction In the landmark decision of The People of the State of New York v. Nathaniel Syville and The People of...
Establishing Reciprocal Disbarment for Repeated Misconduct: The Karen Jaffe Nierenberg Case

Establishing Reciprocal Disbarment for Repeated Misconduct: The Karen Jaffe Nierenberg Case

Date: Sep 29, 2010
Establishing Reciprocal Disbarment for Repeated Misconduct: The Karen Jaffe Nierenberg Case Introduction The case of Karen Jaffe Nierenberg serves as a pivotal example in the realm of legal ethics...
Liability of Property Owners for Mislaid Tools under Labor Law §200: Slikas v. Cyclone Realty

Liability of Property Owners for Mislaid Tools under Labor Law §200: Slikas v. Cyclone Realty

Date: Sep 22, 2010
Liability of Property Owners for Mislaid Tools under Labor Law §200: Slikas v. Cyclone Realty Introduction In Slikas v. Cyclone Realty, LLC, the Appellate Division of the Supreme Court of New York,...
Richard Makarius v. Port Authority of New York and New Jersey: Clarifying the Scope of Labor Law §240(1) in Elevation-Related Workplace Accidents

Richard Makarius v. Port Authority of New York and New Jersey: Clarifying the Scope of Labor Law §240(1) in Elevation-Related Workplace Accidents

Date: Sep 8, 2010
Richard Makarius v. Port Authority of New York and New Jersey: Clarifying the Scope of Labor Law §240(1) in Elevation-Related Workplace Accidents Introduction The case of Richard Makarius v. Port...
Defining Serious Injury in the Presence of Preexisting Conditions: Farrington v. Go On Time Car Service

Defining Serious Injury in the Presence of Preexisting Conditions: Farrington v. Go On Time Car Service

Date: Sep 8, 2010
Defining Serious Injury in the Presence of Preexisting Conditions: Farrington v. Go On Time Car Service Introduction In the appellate case of Elline Farrington v. Go On Time Car Service et al.,...
Petra Mortgage Capital Co. Intervention Granted in Yuppie Puppy v. Street Smart Realty Case

Petra Mortgage Capital Co. Intervention Granted in Yuppie Puppy v. Street Smart Realty Case

Date: Aug 18, 2010
Petra Mortgage Capital Co. Intervention Granted in Yuppie Puppy v. Street Smart Realty Case Introduction The case of Yuppie Puppy Pet Products, Inc. v. Street Smart Realty, LLC involved a complex...
Public Access vs. Confidentiality: The Reversal in Mosallem v. Berenstein et al.

Public Access vs. Confidentiality: The Reversal in Mosallem v. Berenstein et al.

Date: Jul 21, 2010
Public Access vs. Confidentiality: The Reversal in Mosallem v. Berenstein et al. Introduction Mitchell Mosallem, the plaintiff, an executive at Grey Global Group, Inc., was convicted of fraud and...
Strict Interpretation of Indemnification Clauses for Attorney's Fees in New York: Gotham Partners v. High River Limited Partnership

Strict Interpretation of Indemnification Clauses for Attorney's Fees in New York: Gotham Partners v. High River Limited Partnership

Date: Jul 21, 2010
Strict Interpretation of Indemnification Clauses for Attorney's Fees in New York: Gotham Partners v. High River Limited Partnership Introduction The case of Gotham Partners, L.P., et al. v. High...
Aiding and Abetting Fraud: Law Firm Liability Confirmed in A v. Oster et al.

Aiding and Abetting Fraud: Law Firm Liability Confirmed in A v. Oster et al.

Date: Jul 7, 2010
Aiding and Abetting Fraud: Law Firm Liability Confirmed in A v. Oster et al. Introduction The case of A v. Oster et al., decided on July 6, 2010, by the Appellate Division of the Supreme Court of New...
Subject Matter Jurisdiction under New York Human Rights Laws: Insights from Hoffman v. Parade Publications

Subject Matter Jurisdiction under New York Human Rights Laws: Insights from Hoffman v. Parade Publications

Date: Jul 2, 2010
Subject Matter Jurisdiction under New York Human Rights Laws: Insights from Hoffman v. Parade Publications Introduction The case of Howard Hoffman v. Parade Publications, et al., decided by the Court...
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