New York Case Commentaries

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

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

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

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

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

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...

Expanding Liability of General Contractors under Labor Law §200: Insights from Urban v. No. 5 Times Square Development

Date: May 22, 2009

Expanding Liability of General Contractors under Labor Law §200: Insights from Urban v. No. 5 Times Square Development Introduction The case of Paul Urban v. No. 5 Times Square Development, LLC et...

Specificity of Industrial Code Regulations under Labor Law § 241(6): MISICKI v. CARADONNA

Date: May 13, 2009

Specificity of Industrial Code Regulations under Labor Law § 241(6): MISICKI v. CARADONNA Introduction The Court of Appeals of the State of New York delivered a significant decision in the case of...

Allocation of Defense Costs in Concurrent Insurance Policies: Sport Rock International, Inc. v. American Casualty Company

Date: May 13, 2009

Allocation of Defense Costs in Concurrent Insurance Policies: Sport Rock International, Inc. v. American Casualty Company Introduction The case of Sport Rock International, Inc. v. American Casualty...

PEOPLE v. WEAVER: Establishing GPS Surveillance Protections Under New York State Constitution

Date: May 13, 2009

PEOPLE v. WEAVER: Establishing GPS Surveillance Protections Under New York State Constitution Introduction The landmark case of The People of the State of New York v. Scott C. Weaver, 12 N.Y.3d 433,...

Equitable Distribution and Liability in Divorce: Insights from MAHONEY-BUNTZMAN v. Buntzman

Date: May 8, 2009

Equitable Distribution and Liability in Divorce: Insights from MAHONEY-BUNTZMAN v. Buntzman Introduction MAHONEY-BUNTZMAN v. Buntzman (12 N.Y.3d 415), adjudicated by the Court of Appeals of the State...

JOHNSON v. CHAPIN: Remarriage Penalty and Equitable Distribution in Divorce Proceedings

Date: May 8, 2009

JOHNSON v. CHAPIN: Remarriage Penalty and Equitable Distribution in Divorce Proceedings Introduction JOHNSON v. CHAPIN, 12 N.Y.3d 461 (2009), is a pivotal decision by the Court of Appeals of the...

Causation and Preexisting Conditions in Serious Injury Claims: Analysis of Linton v. Nawaz

Date: May 8, 2009

Causation and Preexisting Conditions in Serious Injury Claims: Analysis of Linton v. Nawaz Introduction John R. Linton et al. v. Muhammad Nawaz et al. is a pivotal case adjudicated by the Appellate...

Affirmation of DHCR’s Determination on Demolition Standards under Rent Stabilization Law

Date: May 6, 2009

Affirmation of DHCR’s Determination on Demolition Standards under Rent Stabilization Law Introduction The case of Daniel Peckham v. Judith A. Calogero before the Court of Appeals of the State of New...

Pioneer Tower Owners Assn. v. State Farm Fire Cos.: Narrow Interpretation of Insurance Exclusions Reinforced

Date: May 1, 2009

Pioneer Tower Owners Assn. v. State Farm Fire Cos.: Narrow Interpretation of Insurance Exclusions Reinforced Introduction The case of Pioneer Tower Owners Association v. State Farm Fire Casualty...

Reckless Endangerment and Plea Validity in PEOPLE v. GOLDSTEIN

Date: May 1, 2009

Reckless Endangerment and Plea Validity in PEOPLE v. GOLDSTEIN Introduction Case: The People of the State of New York v. Joseph Goldstein Court: Court of Appeals of the State of New York Date: April...

Establishing Common-Law Indemnification in Contractual Relationships: Sheila George et al. v. Marshall of MA, Inc.

Date: Apr 29, 2009

Establishing Common-Law Indemnification in Contractual Relationships: Sheila George et al. v. Marshall of MA, Inc. Introduction The appellate case of Sheila George et al., Appellants-Respondents, v....

Establishing Standards for Defamation and Malicious Prosecution: Strader v. Ashley

Date: Apr 24, 2009

Establishing Standards for Defamation and Malicious Prosecution: Strader v. Ashley Introduction In Donald G. Strader v. John J. Ashley, Jr., reported in 61 A.D.3d 1244, the Appellate Division of the...

Establishing Equitable Subrogation in Construction Contracts for Environmental Fee Recovery

Date: Apr 22, 2009

Establishing Equitable Subrogation in Construction Contracts for Environmental Fee Recovery Introduction The legal landscape of construction contracts often intersects with environmental regulations,...

Entitlement to Relocation Services for Tenants in Vacate Orders Regardless of Dwelling Legality

Date: Apr 17, 2009

Entitlement to Relocation Services for Tenants in Vacate Orders Regardless of Dwelling Legality Introduction The case of James Smith et al. v. Shaun Donovan addresses the rights of tenants residing...

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