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  • Commentaries
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New York Case Commentaries

Establishing Boundaries in Corporate Liability: Insights from East Hampton UFSD v. Sandpebble Builders, Inc.

Establishing Boundaries in Corporate Liability: Insights from East Hampton UFSD v. Sandpebble Builders, Inc.

Date: Jul 29, 2009
Establishing Boundaries in Corporate Liability: Insights from East Hampton Union Free School District v. Sandpebble Builders, Inc. Introduction The case of East Hampton Union Free School District v....
Implied Appurtenant Rights in Commercial Leases: Second on Second Café, Inc. v. Hing Sing Trading, Inc.

Implied Appurtenant Rights in Commercial Leases: Second on Second Café, Inc. v. Hing Sing Trading, Inc.

Date: Jul 22, 2009
Implied Appurtenant Rights in Commercial Leases: Second on Second Café, Inc. v. Hing Sing Trading, Inc. Introduction Second on Second Café, Inc. v. Hing Sing Trading, Inc., decided on July 21, 2009,...
Stanfield Offshore Leveraged Assets v. Metropolitan Life Insurance Company: A Landmark on Aiding and Abetting Fraud

Stanfield Offshore Leveraged Assets v. Metropolitan Life Insurance Company: A Landmark on Aiding and Abetting Fraud

Date: Jul 22, 2009
Stanfield Offshore Leveraged Assets v. Metropolitan Life Insurance Company: A Landmark on Aiding and Abetting Fraud Introduction The case of Stanfield Offshore Leveraged Assets, Ltd., et al. v....
Affirming Jurisdictional Defects in Fraudulent Real Property Transfers and Limitations of RICO Claims: Becher v. Feller et al.

Affirming Jurisdictional Defects in Fraudulent Real Property Transfers and Limitations of RICO Claims: Becher v. Feller et al.

Date: Jul 22, 2009
Affirming Jurisdictional Defects in Fraudulent Real Property Transfers and Limitations of RICO Claims: Becher v. Feller et al. Introduction The case of Razill Cynthia Becher et al. v. Jacob Feller et...
Recognition of Lesser Included Offenses in Sexual Assault Cases: The People v. Beauharnois

Recognition of Lesser Included Offenses in Sexual Assault Cases: The People v. Beauharnois

Date: Jul 17, 2009
Recognition of Lesser Included Offenses in Sexual Assault Cases: The People v. Beauharnois Introduction In the landmark case The People of the State of New York v. Jason Beauharnois (64 A.D.3d 996),...
Bumpus v. New York City Transit Authority: Clarifying Extensions for Service on Jane Doe Defendants under CPLR 306-b

Bumpus v. New York City Transit Authority: Clarifying Extensions for Service on Jane Doe Defendants under CPLR 306-b

Date: Jul 8, 2009
Bumpus v. New York City Transit Authority: Clarifying Extensions for Service on Jane Doe Defendants under CPLR 306-b Introduction In the case of Tracy Bumpus v. New York City Transit Authority, the...
Advanced Legal Commentary: Expert Qualification Standards in Elevator Maintenance Negligence - Schechter v. 3320 Holding LLC et al.

Advanced Legal Commentary: Expert Qualification Standards in Elevator Maintenance Negligence - Schechter v. 3320 Holding LLC et al.

Date: Jul 8, 2009
Expert Qualification Standards in Elevator Maintenance Negligence: The Schechter v. 3320 Holding LLC et al. Judgment Introduction In the landmark case of Leo Schechter et al. v. 3320 Holding LLC et...
Affirmation of Attorney General's Authority to Override Arbitration Agreements and Recognition of Fiduciary Duties in Life Settlement Transactions

Affirmation of Attorney General's Authority to Override Arbitration Agreements and Recognition of Fiduciary Duties in Life Settlement Transactions

Date: Jul 1, 2009
Affirmation of Attorney General's Authority to Override Arbitration Agreements and Recognition of Fiduciary Duties in Life Settlement Transactions Introduction The case of The People of the State of...
Clarifying the Criteria for Vacating Default Judgments under CPLR 5015(a)(1): Caba v. Rai

Clarifying the Criteria for Vacating Default Judgments under CPLR 5015(a)(1): Caba v. Rai

Date: Jun 26, 2009
Clarifying the Criteria for Vacating Default Judgments under CPLR 5015(a)(1): Caba v. Rai Introduction Caba v. Rai, 63 A.D.3d 578 (Appellate Division of the Supreme Court of New York, First...
Key Condition Precedent Affirmed in MHR Capital Partners LP v. Presstek, Inc.

Key Condition Precedent Affirmed in MHR Capital Partners LP v. Presstek, Inc.

Date: Jun 25, 2009
Key Condition Precedent Affirmed in MHR Capital Partners LP v. Presstek, Inc. Introduction MHR Capital Partners LP et al. v. Presstek, Inc., 12 N.Y.3d 640 (2009), is a pivotal case adjudicated by the...
At-Will Employment Doctrine Limits Fraudulent Inducement Claims: Epifani v. Johnson

At-Will Employment Doctrine Limits Fraudulent Inducement Claims: Epifani v. Johnson

Date: Jun 24, 2009
At-Will Employment Doctrine Limits Fraudulent Inducement Claims: Epifani v. Johnson Introduction In the case of Carol Ann Epifani et al. v. Sale Johnson, heard by the Appellate Division of the...
Affirmation of CPL 350.20: Judicial Hearing Officers’ Adjudication of Class B Misdemeanors Held Constitutional

Affirmation of CPL 350.20: Judicial Hearing Officers’ Adjudication of Class B Misdemeanors Held Constitutional

Date: Jun 12, 2009
Affirmation of CPL 350.20: Judicial Hearing Officers’ Adjudication of Class B Misdemeanors Held Constitutional Introduction The case of The People of the State of New York v. Wayne Davis, decided by...
Taxability of Tax-Exempt Organizations Leasing Property to For-Profit Entities: Insights from Lackawanna Community Development Corp. v. Krakowski

Taxability of Tax-Exempt Organizations Leasing Property to For-Profit Entities: Insights from Lackawanna Community Development Corp. v. Krakowski

Date: Jun 12, 2009
Taxability of Tax-Exempt Organizations Leasing Property to For-Profit Entities: Insights from Lackawanna Community Development Corp. v. Krakowski Introduction The case of Lackawanna Community...
Admissibility of Reliable Hearsay in SORA Proceedings: Insights from PEOPLE v. MINGO and People v. Balic

Admissibility of Reliable Hearsay in SORA Proceedings: Insights from PEOPLE v. MINGO and People v. Balic

Date: Jun 10, 2009
Admissibility of Reliable Hearsay in SORA Proceedings: Insights from PEOPLE v. MINGO and People v. Balic Introduction The decisions in People v. Tyrone Mingo and PEOPLE v. DZEMIL Balic represent...
Strict Liability Prevails Over Negligence in Domestic Animal Cases: Petrone v Fernandez

Strict Liability Prevails Over Negligence in Domestic Animal Cases: Petrone v Fernandez

Date: Jun 10, 2009
Strict Liability Prevails Over Negligence in Domestic Animal Cases: PETRONE v. FERNANDEz Introduction MELANIE PETRONE, Respondent, v. BERNARD FERNANDEZ, Defendant, and JAMES McCLOY, Appellant,...
City of New York v. Smokes-Spirits.com, Inc.: Standing and Public Nuisance Claims Denied

City of New York v. Smokes-Spirits.com, Inc.: Standing and Public Nuisance Claims Denied

Date: Jun 10, 2009
City of New York v. Smokes-Spirits.com, Inc.: Standing and Public Nuisance Claims Denied Introduction In the landmark case City of New York, Appellant, v. Smokes-Spirits.com, Inc., et al.,...
Extraterritorial Enforcement of Judgments: New York's Authority under CPLR Article 52

Extraterritorial Enforcement of Judgments: New York's Authority under CPLR Article 52

Date: Jun 5, 2009
Extraterritorial Enforcement of Judgments: New York's Authority under CPLR Article 52 Introduction The case of Lee N. Koehler v. The Bank of Bermuda Limited (12 N.Y.3d 533) marks a significant...
Affirmation of Limited Partners' Lack of Fiduciary Claims Against External Counsel in Eurycleia PARTNERS v. SEWARD Kissel

Affirmation of Limited Partners' Lack of Fiduciary Claims Against External Counsel in Eurycleia PARTNERS v. SEWARD Kissel

Date: Jun 5, 2009
Affirmation of Limited Partners' Lack of Fiduciary Claims Against External Counsel in Eurycleia PARTNERS v. SEWARD Kissel Introduction Eurycleia Partners, LP, et al., v. Seward Kissel, LLP, et al....
Enhanced Requirements for Pleading Fraud: Insights from SARGISS v. MAGARELLI

Enhanced Requirements for Pleading Fraud: Insights from SARGISS v. MAGARELLI

Date: Jun 5, 2009
Enhanced Requirements for Pleading Fraud: Insights from SARGISS v. MAGARELLI 1. Introduction SARGISS v. MAGARELLI, 12 N.Y.3d 527 (2009), is a significant appellate decision from the Court of Appeals...
Cregan v. Sachs: Defining Postoperative Duties of Anesthesiologists in Non-Hospital Settings

Cregan v. Sachs: Defining Postoperative Duties of Anesthesiologists in Non-Hospital Settings

Date: May 29, 2009
Cregan v. Sachs: Defining Postoperative Duties of Anesthesiologists in Non-Hospital Settings Introduction The case of Cregan v. Sachs, adjudicated by the Appellate Division of the Supreme Court of...
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