New York Case Commentaries

Negligent Supervision and Hiring Standards in Educational Institutions: Insights from John DOE v. Hauppauge Union Free School District

Date: Feb 16, 2023

Negligent Supervision and Hiring Standards in Educational Institutions: Insights from John DOE v. Hauppauge Union Free School District Introduction The case of John DOE v. Hauppauge Union Free School...

Inclusion of Additional Information in RPAPL 1304 Notices Does Not Void Foreclosure Actions

Date: Feb 15, 2023

Inclusion of Additional Information in RPAPL 1304 Notices Does Not Void Foreclosure Actions Introduction The case of Bank of America, N.A. v. Andrew Kessler (2023 N.Y. Slip Op. 804), adjudicated by...

Affirmation of Weapon Possession Convictions Reinforces Preservation of Procedural Defenses

Date: Feb 11, 2023

Affirmation of Weapon Possession Convictions Reinforces Preservation of Procedural Defenses Introduction The case of The People of the State of New York v. Devine D. Jacque-Crews, adjudicated in the...

Admissibility of Evidence and Preservation of Affirmative Defenses in Criminal Cases: Insights from People v. Britton

Date: Feb 11, 2023

Admissibility of Evidence and Preservation of Affirmative Defenses in Criminal Cases: Insights from People v. Britton Introduction In the landmark case of The People of the State of New York v. Jason...

Establishing Evidentiary Standards in Trespass Litigation: An Analysis of Xu v. Van Zwienen

Date: Jan 26, 2023

Establishing Evidentiary Standards in Trespass Litigation: An Analysis of Xu v. Van Zwienen Introduction The case of Yan Ping Xu v. Raymond E. Van Zwienen, et al., decided on January 25, 2023, by the...

Supreme Court of New York Grants Broad Extensions of Time for Motion Applications

Date: Jan 21, 2023

Supreme Court of New York Grants Broad Extensions of Time for Motion Applications Introduction On January 20, 2023, the Supreme Court of New York, Second Department issued an unpublished opinion in...

Reinforcing Standards for Juror Impartiality and Mistrial Motions: Fisher v. People of New York

Date: Jan 20, 2023

Reinforcing Standards for Juror Impartiality and Mistrial Motions: Fisher v. People of New York Introduction In The People of the State of New York v. Kenneth E. Fisher, the Supreme Court of New...

Enforcing Compliance with Judicial Subpoenas in Child Abuse Proceedings: Analysis of Y. v. S.

Date: Jan 18, 2023

Enforcing Compliance with Judicial Subpoenas in Child Abuse Proceedings: Analysis of Y. v. S. Introduction The case of Michael Y. v. Dawn S. (212 A.D.3d 493, Supreme Court, Appellate Division, First...

Clarifying Risk Level Determination Under SORA: Insights from People v. William Parisi

Date: Jan 12, 2023

Clarifying Risk Level Determination Under SORA: Insights from People v. William Parisi Introduction The case of People of State of New York v. William Parisi (212 A.D.3d 666) represents a significant...

Affirmation of Methamphetamine Sale Conviction: Evidentiary Sufficiency and Admissibility in Doane v. People

Date: Jan 6, 2023

Affirmation of Methamphetamine Sale Conviction: Evidentiary Sufficiency and Admissibility in Doane v. People Introduction In The People of the State of New York v. Michael L. Doane, the Supreme Court...

Affirmation of First-Degree Manslaughter Conviction in People v. Martha Jones

Date: Dec 24, 2022

Affirmation of First-Degree Manslaughter Conviction in People v. Martha Jones Introduction People v. Martha Jones is a significant appellate decision rendered by the Supreme Court, Appellate...

Affirmed Standard for Custody Modification Requires Demonstrable Change in Circumstances

Date: Dec 23, 2022

Affirmed Standard for Custody Modification Requires Demonstrable Change in Circumstances Introduction In the case of Anthony JJ. v. Angelin JJ. (211 A.D.3d 1394), the Supreme Court, Appellate...

Affirmation of Extraordinary Circumstances Standard in Child Custody: Lisa F. v. Thomas E.

Date: Dec 23, 2022

Affirmation of Extraordinary Circumstances Standard in Child Custody: Lisa F. v. Thomas E. Introduction The case of Lisa F., Respondent, v. Thomas E., Appellant (211 A.D.3d 1367) adjudicated by the...

Permanent Neglect Adjudication in Child Welfare Cases: Insights from Zaiden P. and Another v. Cortland County DSS

Date: Dec 23, 2022

Permanent Neglect Adjudication in Child Welfare Cases: Insights from Zaiden P. and Another v. Cortland County DSS Introduction The case of Zaiden P. and Another, Neglected Children versus the...

Affirmation of Inventory Search Procedures and Voluntary Statements in Traffic Stops: People v. Noble

Date: Dec 22, 2022

Affirmation of Inventory Search Procedures and Voluntary Statements in Traffic Stops: People v. Noble Introduction People v. Noble is a pivotal case adjudicated by the Supreme Court, Appellate...

Reaffirming Statute of Limitations for Medical Malpractice and Wrongful Death Claims under CPLR 214-a and EPTL 5-4.1

Date: Dec 22, 2022

Reaffirming Statute of Limitations for Medical Malpractice and Wrongful Death Claims under CPLR 214-a and EPTL 5-4.1 Introduction The case of Consuelo Proano, etc., appellant, v. David Gutman, et...

Zeltman v. Infinigy Engineering: Establishing Credibility Standards in Workers' Compensation Claims

Date: Dec 16, 2022

Zeltman v. Infinigy Engineering: Establishing Credibility Standards in Workers' Compensation Claims Introduction In the landmark case of Edward Zeltman v. Infinigy Engineering, PLLC, et al.,...

Affirmation of Voluntary Guilty Plea and Effective Counsel: People v. Jayvel Hatcher

Date: Dec 16, 2022

Affirmation of Voluntary Guilty Plea and Effective Counsel: People v. Jayvel Hatcher Introduction In People of the State of New York v. Jayvel Hatcher (211 A.D.3d 1236), the Supreme Court of New...

Supreme Court Upholds Time Bar for Death Benefits Claims Under Workers' Compensation Law § 28, Excluding Article 8-A Exceptions

Date: Dec 16, 2022

Supreme Court Upholds Time Bar for Death Benefits Claims Under Workers' Compensation Law § 28, Excluding Article 8-A Exceptions Introduction The case of Francisca Garcia, Appellant v. WTC Volunteer,...

Limits on the Plain View Doctrine in Automobile Searches: People v. Rodriguez

Date: Dec 15, 2022

Limits on the Plain View Doctrine in Automobile Searches: People v. Rodriguez Introduction In the case of The People v. Brandon Rodriguez, adjudicated on December 14, 2022, by the Supreme Court,...