New York Case Commentaries

Admissibility of Lost Wills in Probate: Insights from Deraco v. Vizzari

Date: Nov 18, 2021

Admissibility of Lost Wills in Probate: Insights from Deraco v. Vizzari Introduction The legal landscape surrounding the probate of lost or destroyed wills is intricate, often requiring meticulous...

Affirmation of Proper SORA Risk Factor Assessment in PEOPLE v. Lyons

Date: Nov 4, 2021

Affirmation of Proper SORA Risk Factor Assessment in PEOPLE v. Lyons Introduction PEOPLE of State of New York v. David Lyons (155 N.Y.S.3d 218), adjudicated by the Supreme Court, Appellate Division,...

Duty to Defend and Indemnify Under Additional Insured Provisions: Insights from Long Island Railroad Co. v. New York Marine

Date: Oct 21, 2021

Duty to Defend and Indemnify Under Additional Insured Provisions: Insights from Long Island Railroad Co. v. New York Marine Introduction The case of Long Island Railroad Company (LIRR) v. New York...

Establishing Principal Office for Venue Purposes: Lividini v. Goldstein et al. Analysis

Date: Oct 15, 2021

Establishing Principal Office for Venue Purposes: Lividini v. Goldstein et al. Analysis Introduction Lividini v. Goldstein et al. is a pivotal case decided by the Court of Appeals of New York on...

Sassi v. Mobile Life Support Services: Strengthening Anti-Discrimination Protections for Reemployment of Individuals with Prior Convictions

Date: Oct 13, 2021

Sassi v. Mobile Life Support Services: Strengthening Anti-Discrimination Protections for Reemployment of Individuals with Prior Convictions Introduction The case Richard J. Sassi II, Appellant, v....

Affirmation of Valid Appeal Waivers in Guilty Pleas: People v. McCoy

Date: Oct 8, 2021

Affirmation of Valid Appeal Waivers in Guilty Pleas: People v. McCoy Introduction The case of The PEOPLE of the State of New York v. Edward McCoy (198 A.D.3d 1021) adjudicated by the Supreme Court,...

Supreme Court Upholds Suspension of Attorneys for Non-Compliance with Biennial Registration Requirements

Date: Oct 8, 2021

Supreme Court Upholds Suspension of Attorneys for Non-Compliance with Biennial Registration Requirements Introduction In the pivotal case In the Matter of Attorneys in Violation of Judiciary Law §...

Establishing Duty of Care in Employer-Employee Relationships: Insights from Ben–Zion Moskowitz v. Abraham Masliansky

Date: Oct 7, 2021

Establishing Duty of Care in Employer-Employee Relationships: Insights from Ben–Zion Moskowitz v. Abraham Masliansky Introduction Ben–Zion Moskowitz v. Abraham Masliansky, 198 A.D.3d 637 (Sup. Ct.,...

CPLR 3211(a) and the Standard for Negligent Hiring: Insights from Roe v. Domestic and Foreign Missionary Society

Date: Oct 7, 2021

CPLR 3211(a) and the Standard for Negligent Hiring: Insights from Roe v. Domestic and Foreign Missionary Society Introduction The case of Jane Roe v. Domestic and Foreign Missionary Society of the...

Strict Compliance with RPAPL 1304: Separate Notices Required for Multiple Borrowers in Foreclosure Actions

Date: Sep 30, 2021

Strict Compliance with RPAPL 1304: Separate Notices Required for Multiple Borrowers in Foreclosure Actions Introduction The case of Wells Fargo Bank, N.A., etc. v. Fred J. Yapkowitz, et al. addresses...

Excessive Damages in Personal Injury Verdict: Masmalaj v. NYC Economic Development Corp.

Date: Sep 30, 2021

Excessive Damages in Personal Injury Verdict: Masmalaj v. New York City Economic Development Corporation Introduction In the case of Albert Masmalaj v. New York City Economic Development Corporation,...

Summary Judgment Affirmed in Labor Law §240(1) Violation - Masmalaj v. NYC Economic Development Corporation

Date: Sep 30, 2021

Summary Judgment Affirmed in Labor Law §240(1) Violation Albert Masmalaj v. New York City Economic Development Corporation, et al. (197 A.D.3d 1292, Supreme Court, Appellate Division, Second...

Collateral Estoppel in Personal Injury Litigation: Sean Lennon v. 56th and Park(NY) Owner, LLC

Date: Sep 16, 2021

Collateral Estoppel in Personal Injury Litigation: Sean Lennon v. 56th and Park(NY) Owner, LLC Introduction The case of Sean Lennon v. 56th and Park(NY) Owner, LLC serves as a pivotal judicial...

Equitable Distribution Reinforced in Silvers v. Silvers: A Landmark Divorce Judgment

Date: Sep 16, 2021

Equitable Distribution Reinforced in Silvers v. Silvers: A Landmark Divorce Judgment Introduction In the case of Janice A. Silvers v. Lon Silvers (153 N.Y.S.3d 548), adjudicated by the Supreme Court,...

Affirmation of First-Degree Assault Conviction Reinforcing Grand Jury Evidence Standards

Date: Aug 27, 2021

Affirmation of First-Degree Assault Conviction Reinforcing Grand Jury Evidence Standards Introduction In the case of The People of the State of New York v. Anthony Moses (197 A.D.3d 951, Supreme...

U.S. Bank N.A. v. Carol Pickering-Robinson: Strengthening Compliance and Standing Requirements in Foreclosure Actions under RPAPL 1304

Date: Aug 26, 2021

U.S. Bank N.A. v. Carol Pickering-Robinson: Strengthening Compliance and Standing Requirements in Foreclosure Actions under RPAPL 1304 Introduction In the landmark case U.S. Bank N.A. v. Carol...

Strict Standards for Vacating Defaults Due to Law Office Failure Established in Echevarria Decision

Date: Aug 26, 2021

Strict Standards for Vacating Defaults Due to Law Office Failure Established in Echevarria Decision Introduction The case Wilmington Savings Fund Society, FSB, etc., v. Transito Rodriguez, et al.,...

Limits on Third-Party Guarantees for Nursing Facility Admissions: Analysis of Wedgewood Care Center v. Kravitz

Date: Aug 19, 2021

Limits on Third-Party Guarantees for Nursing Facility Admissions: Analysis of Wedgewood Care Center v. Kravitz Introduction The case of WEDGEWOOD CARE CENTER, INC., etc., respondent, v. Eric KRAVITZ,...

Affirmation of DWI Conviction: Timeliness of Suppression Motions in People v. Marte

Date: Aug 6, 2021

Affirmation of DWI Conviction: Timeliness of Suppression Motions in People v. Marte Introduction The case of The PEOPLE of the State of New York v. Derly Marte (197 A.D.3d 411), adjudicated by the...

Appellate Division Reinforces Standards for Summary Judgment in Medical Malpractice: Cerrone v. NS-LIJ Health System

Date: Aug 5, 2021

Appellate Division Reinforces Standards for Summary Judgment in Medical Malpractice: Cerrone v. North Shore–Long Island Jewish Health System Introduction The case Brian Cerrone v. North Shore–Long...