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  • Commentaries
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New York Case Commentaries

Affirmation of Eminent Domain for Land Use Improvement and Civic Projects: Kaur v. Empire State Development Corporation

Affirmation of Eminent Domain for Land Use Improvement and Civic Projects: Kaur v. Empire State Development Corporation

Date: Jun 25, 2010
Affirmation of Eminent Domain for Land Use Improvement and Civic Projects: Kaur v. Empire State Development Corporation 1. Introduction The case of In the Matter of Parminder Kaur et al. v. New York...
Justifiable Reliance on Written Representations in Fraud Claims: DDJ Management LLC v. Rhone Group L.L.C.

Justifiable Reliance on Written Representations in Fraud Claims: DDJ Management LLC v. Rhone Group L.L.C.

Date: Jun 25, 2010
Justifiable Reliance on Written Representations in Fraud Claims: DDJ Management LLC v. Rhone Group L.L.C. Introduction The case of DDJ Management, LLC, et al. v. Rhone Group L.L.C., et al....
Aggrievement in Summary Judgment: Insights from Mixon v. TBV, Inc.

Aggrievement in Summary Judgment: Insights from Mixon v. TBV, Inc.

Date: Jun 23, 2010
Aggrievement in Summary Judgment: Insights from Mixon v. TBV, Inc. Introduction Mixon et al. v. TBV, Inc. et al., 76 A.D.3d 144 (Appellate Division, Supreme Court of New York, Second Department,...
Determining Contractor Liability in Snow Removal: Foster v. Slepoy Corp.

Determining Contractor Liability in Snow Removal: Foster v. Slepoy Corp.

Date: Jun 23, 2010
Determining Contractor Liability in Snow Removal: Foster v. Slepoy Corp. Introduction In the case of Paula Foster v. Herbert Slepoy Corp. et al. (76 A.D.3d 210), the Appellate Division of the Supreme...
Knowledge Requirement for Liability in Premises Cases: Walsh v. Super Value, Inc.

Knowledge Requirement for Liability in Premises Cases: Walsh v. Super Value, Inc.

Date: Jun 23, 2010
Knowledge Requirement for Liability in Premises Cases: Walsh v. Super Value, Inc. Introduction Walsh v. Super Value, Inc., 76 A.D.3d 371 (App. Div. 2010), is a pivotal case that addresses the...
Enhancing Due Process: Jurisdictional Requirements for Weapon Possession Charges in People v. Dreyden

Enhancing Due Process: Jurisdictional Requirements for Weapon Possession Charges in People v. Dreyden

Date: Jun 16, 2010
Enhancing Due Process: Jurisdictional Requirements for Weapon Possession Charges in People v. Dreyden Introduction In the landmark case of The People of the State of New York v. James Dreyden,...
Expansion of New York’s Long-Arm Jurisdiction: Fraud and Unjust Enrichment Claims Reinstated in Abaplus International Corp. Case

Expansion of New York’s Long-Arm Jurisdiction: Fraud and Unjust Enrichment Claims Reinstated in Abaplus International Corp. Case

Date: Jun 11, 2010
Expansion of New York’s Long-Arm Jurisdiction: Fraud and Unjust Enrichment Claims Reinstated in Abaplus International Corp. Case Introduction The case of Pramer S.C.A. v. Abaplus International...
Expansion of Additional Insured Coverage in Construction Liability: Regal Construction Corp. v. National Union Fire Insurance Co.

Expansion of Additional Insured Coverage in Construction Liability: Regal Construction Corp. v. National Union Fire Insurance Co.

Date: Jun 4, 2010
Expansion of Additional Insured Coverage in Construction Liability: Regal Construction Corp. v. National Union Fire Insurance Co. Introduction The case of Regal Construction Corporation et al. v....
Affirmation and Expansion of Class Certification in Breach of Contract Cases: PLUDEMAN v. NORTHERN LEASing Systems

Affirmation and Expansion of Class Certification in Breach of Contract Cases: PLUDEMAN v. NORTHERN LEASing Systems

Date: Jun 2, 2010
Affirmation and Expansion of Class Certification in Breach of Contract Cases: PLUDEMAN v. NORTHERN LEASing Systems Introduction In the case of Kevin Pludeman et al. v. Northern Leasing Systems, Inc....
Post-Note of Issue Discovery: Limits and Procedural Requirements Established in Tirado v. Miller

Post-Note of Issue Discovery: Limits and Procedural Requirements Established in Tirado v. Miller

Date: May 19, 2010
Post-Note of Issue Discovery: Limits and Procedural Requirements Established in Tirado v. Miller Introduction In Tirado v. Miller et al., the Appellate Division of the Supreme Court of New York,...
Martinez v. City of New York: Clarifying the Scope of Labor Law §200 and §240(1) in Workplace Safety Obligations

Martinez v. City of New York: Clarifying the Scope of Labor Law §200 and §240(1) in Workplace Safety Obligations

Date: May 19, 2010
Martinez v. City of New York: Clarifying the Scope of Labor Law §200 and §240(1) in Workplace Safety Obligations Introduction Martinez v. City of New York et al. is a significant appellate decision...
Kooper v. Kooper: Refining Discovery Protocols for Nonparty Document Requests under CPLR 3101(a)(4)

Kooper v. Kooper: Refining Discovery Protocols for Nonparty Document Requests under CPLR 3101(a)(4)

Date: May 12, 2010
Kooper v. Kooper: Refining Discovery Protocols for Nonparty Document Requests under CPLR 3101(a)(4) Introduction Michael Kooper (Respondent) appealed a decision by the Supreme Court of New York,...
New York Court of Appeals Establishes Strict Employer Liability for Sexual Harassment Under NYCHRL

New York Court of Appeals Establishes Strict Employer Liability for Sexual Harassment Under NYCHRL

Date: May 7, 2010
New York Court of Appeals Establishes Strict Employer Liability for Sexual Harassment Under NYCHRL Introduction In the landmark case of Dominika Zakrzewska v. The New School (14 N.Y.3d 469), the...
CITY OF NEW YORK v. MAUL: Upholding Class Action Certification for Developmentally Disabled Foster Children under CPLR Article 9

CITY OF NEW YORK v. MAUL: Upholding Class Action Certification for Developmentally Disabled Foster Children under CPLR Article 9

Date: May 7, 2010
CITY OF NEW YORK v. MAUL: Upholding Class Action Certification for Developmentally Disabled Foster Children under CPLR Article 9 Introduction City of New York et al. v. Thomas A. Maul is a landmark...
Prospective Enforcement of the Right to Counsel: Analysis of Hurrell-Harring v. New York (2010)

Prospective Enforcement of the Right to Counsel: Analysis of Hurrell-Harring v. New York (2010)

Date: May 7, 2010
Prospective Enforcement of the Right to Counsel: Analysis of Hurrell-Harring v. New York (2010) Introduction The landmark case of Hurrell-Harring v. The State of New York et al., decided by the Court...
Limiting Discovery in Matrimonial Fraud Cases: Insights from Howard S. v. Lillian S.

Limiting Discovery in Matrimonial Fraud Cases: Insights from Howard S. v. Lillian S.

Date: Apr 30, 2010
Limiting Discovery in Matrimonial Fraud Cases: Insights from Howard S. v. Lillian S. Introduction The case of Howard S. v. Lillian S. (14 N.Y.3d 431) adjudicated by the Court of Appeals of the State...
Renewal of Summary Judgment Motions in Personal Injury Cases: Insights from ROBERT HENRY v. PEDRO L. PEGUERO et al.

Renewal of Summary Judgment Motions in Personal Injury Cases: Insights from ROBERT HENRY v. PEDRO L. PEGUERO et al.

Date: Apr 30, 2010
Renewal of Summary Judgment Motions in Personal Injury Cases: Insights from ROBERT HENRY v. PEDRO L. PEGUERO et al. Introduction The appellate case of ROBERT HENRY v. PEDRO L. PEGUERO et al. (72...
Statute of Limitations and Affirmative Defense Amendments in Insurance Contract Cases: Pike v. New York Life

Statute of Limitations and Affirmative Defense Amendments in Insurance Contract Cases: Pike v. New York Life

Date: Apr 28, 2010
Statute of Limitations and Affirmative Defense Amendments in Insurance Contract Cases: Pike v. New York Life Introduction Pike v. New York Life Insurance Company et al., 72 A.D.3d 1043 (2010), is a...
Negligence Per Se in Pedestrian-Vehicle Collisions: Analysis of Barbieri v. Vokoun

Negligence Per Se in Pedestrian-Vehicle Collisions: Analysis of Barbieri v. Vokoun

Date: Apr 21, 2010
Negligence Per Se in Pedestrian-Vehicle Collisions: Analysis of Barbieri v. Vokoun Introduction The case of Gabriella Barbieri v. Daniel P. Vokoun (72 A.D.3d 853) adjudicated by the Appellate...
Reversal of Summary Judgment in Wrongful Death Action: Roques v. Noble et al.

Reversal of Summary Judgment in Wrongful Death Action: Roques v. Noble et al.

Date: Apr 21, 2010
Reversal of Summary Judgment in Wrongful Death Action: Roques v. Noble et al. Introduction In the case of Tetla Roques, Appellant, v. David H. Noble, M.D., et al., adjudicated on April 20, 2010, the...
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