New York Case Commentaries

Limitations on CPLR 205(a) Application to Non-Original Plaintiffs: Insights from ACE Securities Corp. v. DB Structured Products, Inc.

Date: Jun 17, 2022

Limitations on CPLR 205(a) Application to Non-Original Plaintiffs: Insights from ACE Securities Corp. v. DB Structured Products, Inc. Introduction The legal landscape surrounding the CPLR 205(a),...

Adverse Inference Sanctions in Spoliation of Evidence: Insights from Dagro Associates II, LLC v. Chevron U.S.A., Inc.

Date: Jun 16, 2022

Adverse Inference Sanctions in Spoliation of Evidence: Insights from Dagro Associates II, LLC v. Chevron U.S.A., Inc. Introduction The case of Dagro Associates II, LLC v. Chevron U.S.A., Inc. (206...

Specific Identification and Obligation in Conversion: Family Health Management LLC v. Rohan Developments LLC

Date: Jun 10, 2022

Specific Identification and Obligation in Conversion: Family Health Management LLC v. Rohan Developments LLC Introduction The case of Family Health Management, LLC, et al. v. Rohan Developments, LLC...

Emphasis on Strict Compliance with RPAPL 1304 Notice Requirements in Mortgage Foreclosures: LNV Corp. v. Allison

Date: Jun 9, 2022

Emphasis on Strict Compliance with RPAPL 1304 Notice Requirements in Mortgage Foreclosures: LNV Corp. v. Allison Introduction In LNV Corporation v. Robert Allison, et al. (206 A.D.3d 710), the...

Affirming Mortgage Foreclosure Standards: Ditech Financial, LLC v. Maria E. Connors

Date: Jun 9, 2022

Affirming Mortgage Foreclosure Standards: Ditech Financial, LLC v. Maria E. Connors Introduction The case of Ditech Financial, LLC, etc., v. Maria E. Connors, et al. adjudicated by the Supreme Court...

Statute of Limitations in Mortgage Foreclosure: Batavia Townhouses v. Council of Churches Housing Development Fund Company

Date: May 25, 2022

Statute of Limitations in Mortgage Foreclosure: Batavia Townhouses v. Council of Churches Housing Development Fund Company Introduction Case Overview The appellate case of Batavia Townhouses, Ltd.,...

Policyholder Entitlement in Insurance Demutualization: Columbia Memorial Hospital v. Marcel E. Hinds and Related Appeals

Date: May 20, 2022

Policyholder Entitlement in Insurance Demutualization: Columbia Memorial Hospital v. Marcel E. Hinds and Related Appeals Introduction The case of Columbia Memorial Hospital, Appellant, v. Marcel E....

Board of Managers’ Exclusive Liability for Condominium Common Elements under Labor Law §240(1): Lewis v. Lester's of N.Y., Inc.

Date: May 12, 2022

Board of Managers’ Exclusive Liability for Condominium Common Elements under Labor Law §240(1): Lewis v. Lester's of N.Y., Inc. Introduction In Andrew Lewis v. Lester's of N.Y., Inc. (2022 N.Y. Slip...

S.H. v. Diocese of Brooklyn: Limiting the Scope of CPLR 214-g and Upholding CPLR 202 in Reviving Time-Barred Claims

Date: May 5, 2022

S.H. v. Diocese of Brooklyn: Limiting the Scope of CPLR 214-g and Upholding CPLR 202 in Reviving Time-Barred Claims Introduction In the landmark case of S.H., appellant, v. Diocese of Brooklyn,...

Reaffirmation of Causation Standards in Toxic Tort Litigation: Nemeth v. Brenntag North America

Date: Apr 27, 2022

Reaffirmation of Causation Standards in Toxic Tort Litigation: Nemeth v. Brenntag North America Introduction In the landmark case of Francis Nemeth, Individually and as Personal Representative of the...

Affirmation of Appellate Division's Determination in People v. Malik Dawson: Standards for Determining Unequivocal Requests for Counsel

Date: Apr 27, 2022

Affirmation of Appellate Division's Determination in People v. Malik Dawson: Standards for Determining Unequivocal Requests for Counsel Introduction The case of The PEOPLE Of the State of New York,...

Concurrent Sentencing for Predicate Felonies in Assault Cases: The People v. Brown Decision

Date: Apr 23, 2022

Concurrent Sentencing for Predicate Felonies in Assault Cases: The People v. Brown Decision Introduction The case of The People of the State of New York v. Davontae Brown (204 A.D.3d 1390) addresses...

Establishing Rigorous Standards for Rent Stabilization Claims in Residential Tenancies

Date: Apr 15, 2022

Establishing Rigorous Standards for Rent Stabilization Claims in Residential Tenancies Introduction The appellate case of Kirk BALAY et al., Plaintiffs–Appellants, v. Manhattan 140 LLC,...

Interplay Between Arbitrable and Non-Arbitrable Claims: A New Precedent in ALP, Inc. v. Lawrence Moskowitz

Date: Apr 13, 2022

Interplay Between Arbitrable and Non-Arbitrable Claims: A New Precedent in ALP, Inc. v. Lawrence Moskowitz Introduction The case of ALP, Inc., et al. v. Lawrence Moskowitz et al. adjudicated by the...

Kwong v. City of New York: Clarifying Discrimination and Retaliation Standards under New York Human Rights Laws

Date: Apr 8, 2022

Kwong v. City of New York: Clarifying Discrimination and Retaliation Standards under New York Human Rights Laws Introduction In Kinwing (Ricky) Kwong v. The City of New York et al., 204 A.D.3d 442...

Direct Physical Loss in Insurance Claims Amidst Pandemics: A Landmark Decision

Date: Apr 8, 2022

Direct Physical Loss in Insurance Claims Amidst Pandemics: A Landmark Decision Introduction The legal landscape surrounding insurance claims exacerbated by the COVID-19 pandemic has been fraught with...

Leung v. Port Authority: Clarifying the Application of the Relation-Back Doctrine in Amendment of Complaints

Date: Apr 7, 2022

Leung v. Port Authority: Clarifying the Application of the Relation-Back Doctrine in Amendment of Complaints Introduction In Leung v. Port Authority of New York and New Jersey, the appellant, Roger...

Integral to the Work Defense in Labor Law § 241(6) Claims: Analysis of BAZDARIC v. ALMAH PARTNERS LLC

Date: Apr 1, 2022

Integral to the Work Defense in Labor Law § 241(6) Claims: Analysis of BAZDARIC v. ALMAH PARTNERS LLC Introduction The case of Srecko BAZDARIC et al., Plaintiffs-Respondents versus ALMAH PARTNERS...

Reciprocal Disciplinary Measures in Cross-Jurisdictional Attorney Regulation: The Tustaniwsky Decision

Date: Apr 1, 2022

Reciprocal Disciplinary Measures in Cross-Jurisdictional Attorney Regulation: The Tustaniwsky Decision Introduction The legal profession's integrity hinges on stringent disciplinary measures to...

Affirmation of Level Three Sex Offender Designation in PEOPLE v. HAIMS

Date: Mar 31, 2022

Affirmation of Level Three Sex Offender Designation in PEOPLE v. HAIMS Introduction PEOPLE of State of New York v. Bruce Haims (163 N.Y.S.3d 443) is a pivotal case adjudicated by the Supreme Court,...