New York Case Commentaries

Redefining Attorney Fiduciary Duties: Insights from Ulico Casualty Co. v. Wilson et al.

Date: Sep 17, 2008

Redefining Attorney Fiduciary Duties: Insights from Ulico Casualty Co. v. Wilson et al. Introduction The case of Ulico Casualty Company v. Wilson, Elser, Moskowitz, Edelman Dicker et al. adjudicated...

Establishing Contractual Ambiguity Standards in ATM Branding Agreements: Duane Reade, Inc. v. Cardtronics, LP

Date: Aug 6, 2008

Establishing Contractual Ambiguity Standards in ATM Branding Agreements: Duane Reade, Inc. v. Cardtronics, LP Introduction The case of Duane Reade, Inc. v. Cardtronics, LP revolves around a...

Sufficiency and Specificity Requirements for Fraud and Defamation Claims in Employment Contract Cases: Mañas v. VMS Associates

Date: Jul 23, 2008

Sufficiency and Specificity Requirements for Fraud and Defamation Claims in Employment Contract Cases: Mañas v. VMS Associates Introduction The case of Daniela Mañas v. VMS Associates, LLC, Doing...

Non-Preemption of State Deceptive Practice Claims under TILA and the Role of Res Judicata in Consumer Restitution: People of New York v. Applied Card Systems, Inc.

Date: Jun 27, 2008

Non-Preemption of State Deceptive Practice Claims under TILA and the Role of Res Judicata in Consumer Restitution Introduction The case of People of the State of New York v. Applied Card Systems,...

Res Judicata and Corporate Succession: Landau, P.C. v. LaRossa, Mitchell Ross et al.

Date: Jun 26, 2008

Res Judicata and Corporate Succession: Landau, P.C. v. LaRossa, Mitchell Ross et al. (11 N.Y.3d 8) Introduction The case of Landau, P.C. v. LaRossa, Mitchell Ross et al. addresses pivotal issues...

Establishing Fiduciary Duty Between Cleric and Parishioner: Insights from MARMELSTEIN v. KEHILLAT New Hempstead

Date: Jun 26, 2008

Establishing Fiduciary Duty Between Cleric and Parishioner: Insights from MARMELSTEIN v. KEHILLAT New Hempstead Introduction MARMELSTEIN v. KEHILLAT New Hempstead: The Rav Aron Jofen Community...

Limitations on Indemnification Releases: Trustees' Tort Liability under the Trust Indenture Act

Date: Jun 26, 2008

Limitations on Indemnification Releases: Trustees' Tort Liability under the Trust Indenture Act Introduction The case of AG Capital Funding Partners, L.P. v. State Street Bank and Trust Company...

Establishing Strict Liability Through Evidence of Vicious Propensities: Dykeman v. Heht

Date: Jun 25, 2008

Establishing Strict Liability Through Evidence of Vicious Propensities: Dykeman v. Heht Introduction In the case of Crysta Dykeman et al. v. Raymond Heht (52 A.D.3d 767), the Appellate Division of...

Apparent Authority of Corporate Officers in Binding Retainer Agreements: Goldston v. Bandwidth Technology Corp.

Date: Jun 20, 2008

Apparent Authority of Corporate Officers in Binding Retainer Agreements: Goldston v. Bandwidth Technology Corp. Introduction Alan M. Goldston, as Assignee of Goldston Schwab, LLP v. Bandwidth...

Executives Recognized as Employees Under NY Labor Law Article 6 and Commission Earnings Governed by Employer-Employee Agreements

Date: Jun 11, 2008

Executives Recognized as Employees Under NY Labor Law Article 6 and Commission Earnings Governed by Employer-Employee Agreements Introduction In the landmark case ELAINE PACHTER v. BERNARD HODES...

Affirmation of Preclusion of Fraud Defenses in No-Fault Insurance Claims: Insights from Fair Price Medical Supply Corp. v. Travelers Indemnity Co.

Date: Jun 6, 2008

Affirmation of Preclusion of Fraud Defenses in No-Fault Insurance Claims: Insights from Fair Price Medical Supply Corp. v. Travelers Indemnity Co. Introduction The case of Fair Price Medical Supply...

State Law Enforcement of Federal Prevailing Wage Provisions: Cox v NAP Construction Co. Sets New Precedent

Date: Jun 6, 2008

State Law Enforcement of Federal Prevailing Wage Provisions: Cox v NAP Construction Co. Sets New Precedent Introduction In the landmark decision of Cox v. NAP Construction Co., Inc., the Court of...

Tree Wells Excluded from Sidewalk Liability Under NYC Administrative Code §7-210

Date: Jun 4, 2008

Tree Wells Excluded from Sidewalk Liability Under NYC Administrative Code §7-210 Introduction The case of Dzafer Vucetovic et al. v. Epsom Downs, Inc. revolved around the legal interpretation of the...

Reaffirming Disciplinary Standards in Education: Pattern of Misconduct Justifies Termination

Date: May 28, 2008

Reaffirming Disciplinary Standards in Education: Pattern of Misconduct Justifies Termination Introduction The case of Douglas Lackow v. Department of Education of the City of New York, decided by the...

Ensuring Equal Access to Legal Representation: The Prichep v. Prichep Decision

Date: May 7, 2008

Ensuring Equal Access to Legal Representation: The Prichep v. Prichep Decision Introduction The case of Robert N. Prichep, Respondent, versus Patti Bloom Prichep, Appellant, adjudicated in the...

Affirming Fraud Claims Against Corporate Officers under CPLR 3016(b): PLUDEMAN v. NORTHERN LEASing Systems, Inc.

Date: May 7, 2008

Affirming Fraud Claims Against Corporate Officers under CPLR 3016(b): PLUDEMAN v. NORTHERN LEASing Systems, Inc. Introduction In the landmark case of PLUDEMAN v. NORTHERN LEASing Systems, Inc.,...

Clarifying Insurer's Duty to Defend Additional Insureds: Worth Construction Co., Inc. v. Admiral Insurance Company

Date: May 2, 2008

Clarifying Insurer's Duty to Defend Additional Insureds: Worth Construction Co., Inc. v. Admiral Insurance Company Introduction The case of Worth Construction Co., Inc. v. Admiral Insurance Company...

Judicial Exclusivity in Imposing Postrelease Supervision: Garner v. NY Department of Correctional Services

Date: Apr 30, 2008

Judicial Exclusivity in Imposing Postrelease Supervision: Garner v. NY Department of Correctional Services Introduction Garner v. New York State Department of Correctional Services is a landmark...

Oral Pronouncement of Postrelease Supervision Terms: A New Precedent in New York Sentencing Procedures

Date: Apr 30, 2008

Oral Pronouncement of Postrelease Supervision Terms: A New Precedent in New York Sentencing Procedures Introduction The case of The People of the State of New York v. Daniel Sparber et al. (10 N.Y.3d...

Strict Liability of Property Owners under Labor Law § 240(1): Sanatass v. Consolidated Investing Co.

Date: Apr 25, 2008

Strict Liability of Property Owners under Labor Law § 240(1): Sanatass v. Consolidated Investing Co. Introduction Sanatass v. Consolidated Investing Company, Inc. (10 N.Y.3d 333) is a pivotal case...

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