New York Case Commentaries

Affirmation of Non-Eligibility for Youthful Offender Status in Armed Felony Convictions

Date: Sep 30, 2022

Affirmation of Non-Eligibility for Youthful Offender Status in Armed Felony Convictions Introduction The case of The People of the State of New York v. Jerre Colon (208 A.D.3d 1551) addresses the...

Legality of Vehicle Stops and Inventory Searches: Insights from PEOPLE v. Andre E. Biggs

Date: Sep 29, 2022

Legality of Vehicle Stops and Inventory Searches: Insights from PEOPLE v. Andre E. Biggs Introduction In the landmark case of PEOPLE, etc., v. Andre E. Biggs (208 A.D.3d 1340, Supreme Court,...

Clarification of Burden-Shifting Standards in Prior Written Notice Defense: Smith v. City of New York

Date: Sep 22, 2022

Clarification of Burden-Shifting Standards in Prior Written Notice Defense: Smith v. City of New York Introduction The case of Jeri Smith v. City of New York addresses critical aspects of municipal...

Enforcement of Biennial Registration Obligations: In the Matter of Attorneys in Violation of Judiciary Law § 468-a

Date: Sep 2, 2022

Enforcement of Biennial Registration Obligations: In the Matter of Attorneys in Violation of Judiciary Law § 468-a Introduction The Supreme Court of New York, Third Department, issued a significant...

Reaffirming Causation and Substantial Evidence Standards in Disability Retirement Claims: Singleton v. New York City Employees' Retirement System

Date: Sep 1, 2022

Reaffirming Causation and Substantial Evidence Standards in Disability Retirement Claims: Singleton v. New York City Employees' Retirement System Introduction The case of Scott S. Singleton v. New...

Affirmation of CPLR 5015 Motions and Imposition of Costs under 22 NYCRR 130-1.1: US Bank v. Nunez

Date: Aug 18, 2022

Affirmation of CPLR 5015 Motions and Imposition of Costs under 22 NYCRR 130-1.1: US Bank v. Nunez Introduction In the landmark case US Bank National Association, etc., v. Juan Abelino Nunez, decided...

Automatic Disbarment for Federal Felony Convictions: The Sobkiewicz Case

Date: Aug 12, 2022

Automatic Disbarment for Federal Felony Convictions: The Sobkiewicz Case Introduction The case of Erik Sobkiewicz, a suspended attorney, serves as a pivotal moment in the enforcement of attorney...

Judicial Discretion in Sentencing: Appellate Modification to Concurrent Sentences in Gonzalez v. People

Date: Aug 5, 2022

Judicial Discretion in Sentencing: Appellate Modification to Concurrent Sentences in Gonzalez v. People Introduction The People of the State of New York, Respondent, v. Orlando Gonzalez,...

Reaffirming the Child Victims Act: A Comprehensive Analysis of Shapiro v. Syracuse University

Date: Aug 5, 2022

Reaffirming the Child Victims Act: A Comprehensive Analysis of Shapiro v. Syracuse University Introduction The case of John Shapiro, David Sweet and A.A. v. Syracuse University represents a pivotal...

Establishing Employer Liability Under Labor Law §240(1): Insights from Zong Wang Yang v. City of New York

Date: Jul 28, 2022

Establishing Employer Liability Under Labor Law §240(1): Insights from Zong Wang Yang v. City of New York Introduction The case of Zong Wang Yang, et al. v. City of New York, et al. (207 A.D.3d 791)...

Defining Freelance Worker Status Under the Freelance Isn't Free Act: A Comprehensive Analysis of Joseph Chen Inc. v. Romona Keveza Collection LLC

Date: Jul 27, 2022

Defining Freelance Worker Status Under the Freelance Isn't Free Act: A Comprehensive Analysis of Joseph Chen Inc. v. Romona Keveza Collection LLC Introduction The case of Joseph Chen Inc. v. Romona...

Enhancing Sentencing Discretion under the Domestic Violence Survivors Justice Act: Analysis of People v. Burns

Date: Jul 21, 2022

Enhancing Sentencing Discretion under the Domestic Violence Survivors Justice Act: Analysis of People v. Burns 1. Introduction The case of The People, etc., v. Thomas Burns, 207 A.D.3d 646 (Supreme...

Establishing Prima Facie Case in Asbestos Litigation: Dyer v. Amchem Products Inc. Judgment Analysis

Date: Jul 20, 2022

Establishing Prima Facie Case in Asbestos Litigation: Dyer v. Amchem Products Inc. Judgment Analysis Introduction The case of Kenneth J. Dyer v. Amchem Products Inc. et al., adjudicated by the...

Affirmation of Probable Cause Standards in Controlled Substance Cases: PEOPLE v. HIGHTOWER

Date: Jul 9, 2022

Affirmation of Probable Cause Standards in Controlled Substance Cases: PEOPLE v. HIGHTOWER Introduction In the case of THE PEOPLE of the State of New York v. Darren HIGHTOWER (207 A.D.3d 1199), the...

Affirming Jury Verdicts: Standards of Weight of Evidence in Montford v. People

Date: Jul 8, 2022

Affirming Jury Verdicts: Standards of Weight of Evidence in Montford v. People Introduction In the case of The People of the State of New York v. Thomas Montford, the Supreme Court of New York, Third...

Reaffirmation of Non-Delegable Duty under Labor Law § 240(1): Mogrovejo v. HG Housing Development Fund

Date: Jul 7, 2022

Reaffirmation of Non-Delegable Duty under Labor Law § 240(1): Mogrovejo v. HG Housing Development Fund Introduction In Mogrovejo v. HG Housing Development Fund Company, Inc., the Supreme Court of New...

Affirmation of Theft Convictions and Procedural Requirements for Restitution Hearings in Piasta v. People

Date: Jul 2, 2022

Affirmation of Theft Convictions and Procedural Requirements for Restitution Hearings in Piasta v. People Introduction The case of The People of the State of New York v. Michael J. Piasta, Jr....

Reversing Partial Summary Judgment in Labor Law § 241(6) Claim: Owen Sutherland v. Tutor Perini Building Corp.

Date: Jul 1, 2022

Reversing Partial Summary Judgment in Labor Law § 241(6) Claim: Owen Sutherland v. Tutor Perini Building Corp. Introduction The case of Owen Sutherland v. Tutor Perini Building Corp. (207 A.D.3d 159)...

Preservation of Plea Validity: Reversal in People v. Reese

Date: Jul 1, 2022

Preservation of Plea Validity: Reversal in People v. Reese Introduction The case of The People of the State of New York v. Dennis Reese, adjudicated in the Supreme Court, Appellate Division, Third...

Affirmation of Rape Conviction in Rivera v. The People: Upholding Evidence Sufficiency and Jury Credibility Standards

Date: Jun 24, 2022

Affirmation of Rape Conviction in Rivera v. The People: Upholding Evidence Sufficiency and Jury Credibility Standards Introduction In the case of The People of the State of New York v. Storm N....