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  • Commentaries
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New York Case Commentaries

No-Fault Insurance Class Action Standards: Globe Surgical Supply v. GEICO

No-Fault Insurance Class Action Standards: Globe Surgical Supply v. GEICO

Date: Dec 31, 2008
No-Fault Insurance Class Action Standards: Globe Surgical Supply v. GEICO Introduction In the landmark case Globe Surgical Supply, as Assignee of Remy Gallant, v. GEICO Insurance Company (59 A.D.3d...
Enforcement of Design Guidelines in Real Estate Development: Riverside South Planning Corp. v. CRP/Extell Riverside

Enforcement of Design Guidelines in Real Estate Development: Riverside South Planning Corp. v. CRP/Extell Riverside

Date: Dec 31, 2008
Enforcement of Design Guidelines in Real Estate Development: Riverside South Planning Corp. v. CRP/Extell Riverside Introduction The case of Riverside South Planning Corporation (RSPC) v. CRP/Extell...
Unconscionability in Retainer Agreements: Insights from Lawrence v. Graubard Miller

Unconscionability in Retainer Agreements: Insights from Lawrence v. Graubard Miller

Date: Dec 3, 2008
Unconscionability in Retainer Agreements: Insights from Lawrence v. Graubard Miller Introduction Lawrence v. Graubard Miller et al. is a pivotal case adjudicated by the Court of Appeals of the State...
Admissibility of Uncharged Crimes: New Precedents in PEOPLE v. GILES

Admissibility of Uncharged Crimes: New Precedents in PEOPLE v. GILES

Date: Dec 3, 2008
Admissibility of Uncharged Crimes: New Precedents in PEOPLE v. GILES Introduction People of the State of New York v. Dwight Giles is a landmark case adjudicated by the Court of Appeals of New York on...
Ensuring Proper Preservation of Legal Sufficiency Claims: A Comprehensive Analysis of People v Hawkins and People v Eduardo

Ensuring Proper Preservation of Legal Sufficiency Claims: A Comprehensive Analysis of People v Hawkins and People v Eduardo

Date: Nov 26, 2008
Ensuring Proper Preservation of Legal Sufficiency Claims: A Comprehensive Analysis of PEOPLE v. HAWKINS and People v. Eduardo Introduction The decisions in PEOPLE v. HAWKINS (11 N.Y.3d 484) and...
Plain Language Interpretation of Attorney Approval Contingencies in New York Real Estate Contracts

Plain Language Interpretation of Attorney Approval Contingencies in New York Real Estate Contracts

Date: Nov 26, 2008
Plain Language Interpretation of Attorney Approval Contingencies in New York Real Estate Contracts Introduction The case of James J. Moran et al. v. Mehmet Erk et al. (11 N.Y.3d 452, 2008) serves as...
Clarence A. Johnson v. The People of New York: Upholding Risk Assessment Standards in Sex Offender Classification

Clarence A. Johnson v. The People of New York: Upholding Risk Assessment Standards in Sex Offender Classification

Date: Nov 25, 2008
Clarence A. Johnson v. The People of New York: Upholding Risk Assessment Standards in Sex Offender Classification Introduction The case of The People of the State of New York, Respondent, v. Clarence...
PEOPLE v. ENNIS: Defining Boundaries for Conflict of Interest in Effective Assistance of Counsel Claims

PEOPLE v. ENNIS: Defining Boundaries for Conflict of Interest in Effective Assistance of Counsel Claims

Date: Nov 21, 2008
PEOPLE v. ENNIS: Defining Boundaries for Conflict of Interest in Effective Assistance of Counsel Claims Introduction Case Citation: PEOPLE v. ENNIS, 11 N.Y.3d 403 (2008) The case of PEOPLE v. ENNIS...
Reaffirmation of CPLR 3211(e): Proper Pleading of Failure to State a Cause of Action Defense

Reaffirmation of CPLR 3211(e): Proper Pleading of Failure to State a Cause of Action Defense

Date: Nov 19, 2008
Reaffirmation of CPLR 3211(e): Proper Pleading of Failure to State a Cause of Action Defense Introduction The case of MARIE K. BUTLER v. CARMEL CATINELLA adjudicated by the Appellate Division of the...
Recognition of Implied Private Right of Action under Labor Law §191-b for Sales Representatives

Recognition of Implied Private Right of Action under Labor Law §191-b for Sales Representatives

Date: Nov 13, 2008
Recognition of Implied Private Right of Action under Labor Law §191-b for Sales Representatives Introduction The case of AHA Sales, Inc. v. Creative Bath Products, Inc. (58 A.D.3d 6) adjudicated by...
Landmark Ruling on Labor Law §200: Property Owner Liability in Worker Injuries

Landmark Ruling on Labor Law §200: Property Owner Liability in Worker Injuries

Date: Nov 6, 2008
Landmark Ruling on Labor Law §200: Property Owner Liability in Worker Injuries Introduction The case of Nazrul Chowdhury v. Antonio Rodriguez et al. (57 A.D.3d 121) adjudicated by the Appellate...
Economic Duress in Settlement Agreements: Philips South Beach, LLC v. ZC Specialty Insurance Company

Economic Duress in Settlement Agreements: Philips South Beach, LLC v. ZC Specialty Insurance Company

Date: Oct 31, 2008
Economic Duress in Settlement Agreements: Philips South Beach, LLC v. ZC Specialty Insurance Company Introduction In the appellate case Philips South Beach, LLC v. ZC Specialty Insurance Company, the...
Employment Safety and Elevation-Related Risks: Insights from CLARENCE JONES v. 414 EQUITIES LLC

Employment Safety and Elevation-Related Risks: Insights from CLARENCE JONES v. 414 EQUITIES LLC

Date: Oct 29, 2008
Employment Safety and Elevation-Related Risks: Insights from CLARENCE JONES v. 414 EQUITIES LLC Introduction In the case of Clarence Jones v. 414 Equities LLC et al., adjudicated by the Appellate...
Homeowners Exempt from Labor Law Liability When They Do Not Control Work Methods: Ortega v. Puccia

Homeowners Exempt from Labor Law Liability When They Do Not Control Work Methods: Ortega v. Puccia

Date: Oct 29, 2008
Homeowners Exempt from Labor Law Liability When They Do Not Control Work Methods: Ortega v. Puccia Introduction Ortega v. Puccia et al., 57 A.D.3d 54, is a significant appellate decision from the...
ETPA Does Not Protect Tenants in Illegally Converted Commercial Leases: Caldwell v. American Package Company, Inc.

ETPA Does Not Protect Tenants in Illegally Converted Commercial Leases: Caldwell v. American Package Company, Inc.

Date: Oct 22, 2008
ETPA Does Not Protect Tenants in Illegally Converted Commercial Leases: Caldwell v. American Package Company, Inc. Introduction In the case of John Caldwell et al. v. American Package Company, Inc.,...
Partial Contractual Indemnification Enforceable under GOL § 5-322.1: Brooks v. Judlau Contracting

Partial Contractual Indemnification Enforceable under GOL § 5-322.1: Brooks v. Judlau Contracting

Date: Oct 22, 2008
Partial Contractual Indemnification Enforceable under GOL § 5-322.1: Brooks v. Judlau Contracting, Inc. Introduction In the landmark case Brooks v. Judlau Contracting, Inc., the Court of Appeals of...
Noerr-Pennington Doctrine Excluded in Libel Actions: Malice Requirement Affirmed

Noerr-Pennington Doctrine Excluded in Libel Actions: Malice Requirement Affirmed

Date: Oct 22, 2008
Noerr-Pennington Doctrine Excluded in Libel Actions: Malice Requirement Affirmed Introduction The case Nohar Singh v. Sahadeo Sukhram and Frank Singh et al. (56 A.D.3d 187) adjudicated by the...
Nondelegable Duty and Vicarious Liability: Insights from Brothers v. New York State Electric and Gas Corp.

Nondelegable Duty and Vicarious Liability: Insights from Brothers v. New York State Electric and Gas Corp.

Date: Oct 22, 2008
Nondelegable Duty and Vicarious Liability: Insights from Brothers v. New York State Electric and Gas Corp. Introduction The case of Paul Brothers v. New York State Electric and Gas Corporation...
Affirmation of Juror Impartiality Protocols, Victim Testimony Credibility, and Expert Evidence Standards in Child Sexual Conduct Cases

Affirmation of Juror Impartiality Protocols, Victim Testimony Credibility, and Expert Evidence Standards in Child Sexual Conduct Cases

Date: Oct 11, 2008
Affirmation of Juror Impartiality Protocols, Victim Testimony Credibility, and Expert Evidence Standards in Child Sexual Conduct Cases Introduction In the case of The People of the State of New York...
Summary Judgment in Medical Malpractice: Burden of Competent Evidence Established

Summary Judgment in Medical Malpractice: Burden of Competent Evidence Established

Date: Sep 24, 2008
Summary Judgment in Medical Malpractice: Burden of Competent Evidence Established Introduction The case of Patricia Myers, as Executrix of Roy Myers, Deceased, Respondent, v. Neil Ferrara et al.,...
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