Affirmation of Best Interests Standard and Credibility Deference in Custody Modification: David V. v. Roseline W. Introduction The case of David V. v. Roseline W. (217 A.D.3d 1112) adjudicated by the...
Supreme Court Establishes Precedent Upholding ORES' Regulatory Framework for Renewable Energy Siting under Executive Law § 94-c Introduction The Supreme Court of New York, Third Department, delivered...
Reaffirmation of Limited Judicial Review in Arbitration under CPLR Article 75 – Tauber v. Gross Introduction In the case of Gershon Tauber, et al. v. Rabbi Alexander Gross, et al. (216 A.D.3d 1066),...
Affirmation of Contract Breach Principles and Limitation on Unjust Enrichment Claims in Avery v. WJM Development Corp. Introduction Avery v. WJM Development Corp., 216 A.D.3d 887 (N.Y. Sup. Ct....
Establishing Insurable Interest and Waiver of Policy Rescission: Sabharwal v. Hyundai Marine & Fire Insurance Co. Introduction In the case of Dinesh Sabharwal v. Hyundai Marine & Fire Insurance Co.,...
Establishing Standing in Mortgage Foreclosure: Insights from Wells Fargo Bank, N.A. v. Adam Plotch Introduction The case of Wells Fargo Bank, N.A. v. Adam Plotch, adjudicated on May 17, 2023, by the...
Sole Custody Granted Amidst Parental Conflict and Child's Gender Identity Considerations Introduction In the case of Laura E. v. John D., the Supreme Court of New York, Third Department, addressed...
Affirmation of Burglary Elements and Preservation of Constitutional Challenges in People v. Fricke Introduction Case: The People of the State of New York v. William Patrick Fricke Court: Supreme...
Burrows v. 75-25 153rd Street, LLC: Upholding Pre-HSTPA Limitations in Rent Stabilization Overcharge Claims Introduction Burrows, et al. v. 75-25 153rd Street, LLC is a significant judgment delivered...
Establishing Non-Delegable Duties of School Districts in Cases of Student Abuse: Davila v. Enlarged City School District of Middletown Introduction The case of Jose Davila v. Orange County, et al.,...
Affirmation of Level Two Designation under SORA in People v. Ramirez Introduction In the case of People of State of New York v. Baudilio Lopez Ramirez (214 A.D.3d 1008), the Supreme Court, Appellate...
Reaffirming Standards for Certificate of Compliance Under CPL 30.30: People v. Gaskin Introduction In the landmark case The People of the State of New York v. Jaquan Gaskin (214 A.D.3d 1353, 2023),...
Double Jeopardy Protection Affirmed in People v. Parilla Introduction People v. Parilla (214 A.D.3d 1399) is a significant appellate decision from the Supreme Court, Appellate Division, Fourth...
Affirmation of Conviction in People v. Sean Austin: Establishing Strict Guidelines for Warrantless Searches Under the Emergency Doctrine Introduction In the landmark case of The PEOPLE of the State...
Appellate Correction of Illegal Sentencing for Class D Felony in Weapon Possession Case: People v. Mabry Introduction In The People of the State of New York v. Akil B. Mabry, decided on March 17,...
Affirmation of Labor Law §240(1) Liability for Employer's Safety Failures: Mora v. Bush Terminal Owner, L.P. Introduction The case of John Mora, et al., respondents, v. 1-10 Bush Terminal Owner,...
Authentication of Out-of-State Convictions for Second Felony Offender Status: Caraballo v. The People Introduction Caraballo v. The People is a significant case adjudicated by the Supreme Court of...
Estoppel Under the Foreclosure Abuse Prevention Act: Affirmations on Statute of Limitations in Mortgage Foreclosures Introduction The case GMAT Legal Title Trust 2014–1 v. Mimi Kator addresses...
Establishing Standards for Spoliation of Evidence in Medical Malpractice Cases: Barnaman v. Bishop Hucles Episcopal Nursing Home Introduction The case of Jacob Barnaman v. Bishop Hucles Episcopal...
Doctrine of Caveat Emptor Reinforced in R. Vig Properties, LLC v. Yama Rahimzada Introduction In R. Vig Properties, LLC, et al., v. Yama Rahimzada, et al. (213 A.D.3d 871), the Supreme Court of New...