New York Case Commentaries

Affirmation of Accessorial Liability in Juvenile Delinquency: The Tatiana N. Case

Date: Apr 9, 2010

Affirmation of Accessorial Liability in Juvenile Delinquency: The Tatiana N. Case Introduction The case of Tatiana N. serves as a pivotal precedent in juvenile delinquency law, particularly...

Correct Application of Penal Law §70.45 in Sentencing: Insights from THE PEOPLE OF THE STATE OF NEW YORK v. DEAN A. GUAY

Date: Apr 9, 2010

Correct Application of Penal Law §70.45 in Sentencing: Insights from The People of the State of New York v. Dean A. Guay Introduction The People of the State of New York v. Dean A. Guay, 72 A.D.3d...

Restricting Assumption of Risk to Sports and Recreation: Insights from Trupia v Lake George Central School District

Date: Apr 7, 2010

Restricting Assumption of Risk to Sports and Recreation: Insights from TRUPIA v. LAKE GEORGE CENTral School District Introduction The case of TRUPIA v. LAKE GEORGE CENTral School District revolves...

Documentary Evidence Criteria under CPLR 3211(a)(1): Insights from Fontanetta v. John Doe

Date: Mar 31, 2010

Documentary Evidence Criteria under CPLR 3211(a)(1): Insights from Fontanetta v. John Doe Introduction The case of A. Philip Fontanetta et al. v. John Doe 1 et al., and Frank DiMaio et al....

Conflict of Interest in Defense Counsel: Insights from PEOPLE v. CARNCROSS

Date: Mar 26, 2010

Conflict of Interest in Defense Counsel: Insights from PEOPLE v. CARNCROSS Introduction PEOPLE v. CARNCROSS, 14 N.Y.3d 319 (2010), is a pivotal decision by the Court of Appeals of the State of New...

Clarification of Charging Inconsistent Homicide Counts: People v. Avery V. Baker Jr.

Date: Mar 26, 2010

Clarification of Charging Inconsistent Homicide Counts: People v. Avery V. Baker Jr. Introduction People v. Avery V. Baker Jr. (14 N.Y.3d 266, 2010) is a seminal decision by the Court of Appeals of...

HETPA Notice Requirements as a Condition Precedent: Insights from First National Bank of Chicago v. Alvin Silver

Date: Mar 24, 2010

HETPA Notice Requirements as a Condition Precedent: Insights from First National Bank of Chicago v. Alvin Silver Introduction The appellate case of First National Bank of Chicago, Respondent, v....

Affirmation of Burden of Proof in Disability Discrimination and Retaliation Claims: Abram v. NY State Division of Human Rights

Date: Mar 20, 2010

Affirmation of Burden of Proof in Disability Discrimination and Retaliation Claims: Abram v. NY State Division of Human Rights Introduction In the landmark case of Idella Abram v. New York State...

Inferring Intent in Possession of Forged Instruments: Rodriguez v. People

Date: Mar 10, 2010

Inferring Intent in Possession of Forged Instruments: Rodriguez v. People Introduction The People of the State of New York v. Isidro Rodriguez (71 A.D.3d 450) is a significant appellate decision from...

Double Jeopardy Protections in Resentencing: Insights from People v. Williams and Related Cases

Date: Feb 24, 2010

Double Jeopardy Protections in Resentencing: Insights from People v. Williams and Related Cases Introduction The landmark decision in People v. Williams, along with accompanying cases People v....

Employer Liability for Safety Device Provision Under Labor Law §240(1)

Date: Feb 12, 2010

Employer Liability for Safety Device Provision Under Labor Law §240(1): Gallagher v. NYP Holdings, Inc. Introduction The case of Hugh Gallagher et al. v. The New York Post et al., reported in NYP...

Affirmation of Sole Custody Based on Significant Change in Circumstances and Best Interests of the Child

Date: Jan 22, 2010

Affirmation of Sole Custody Based on Significant Change in Circumstances and Best Interests of the Child Introduction In the case of In the Matter of TROY SS. v. JUDY UU., the Appellate Division of...

General Business Law §349: Extending Consumer Protection to Insurance Subrogation Practices – Wilner v. Allstate Insurance Co.

Date: Jan 13, 2010

General Business Law §349: Extending Consumer Protection to Insurance Subrogation Practices – Wilner v. Allstate Insurance Co. Introduction In Wilner v. Allstate Insurance Co., the Appellate Division...

Denenberg v Rosen et al.: Clarifying Consumer-Oriented Standards under General Business Law §§ 349 & 350

Date: Jan 8, 2010

Denenberg v Rosen et al.: Clarifying Consumer-Oriented Standards under General Business Law §§ 349 & 350 Introduction Denenberg v Rosen et al. is a pivotal case adjudicated by the Appellate Division...

Expansion of 'Elevation Related Injury' Definition under NY Labor Law §240(1): Runner v. New York Stock Exchange

Date: Dec 18, 2009

Expansion of 'Elevation Related Injury' Definition under NY Labor Law §240(1): Runner v. New York Stock Exchange Introduction The case of Victor J. RUNNER v. NEW YORK STOCK EXCHANGE, INC. (13 N.Y.3d...

Establishing Adverse Possession: Key Insights from 2 North Street Corporation v. Getty Saugerties Corporation