New York Case Commentaries

Affirmation of Guilty Plea and Waiver of Indictment in Sexual Abuse Cases: People v. Price

Date: May 8, 2021

Affirmation of Guilty Plea and Waiver of Indictment in Sexual Abuse Cases: People v. Price Introduction In the landmark case of The PEOPLE of the State of New York, Respondent, v. Grant PRICE,...

Affirmation of Assault Conviction and Accessorial Liability: People v. Brown

Date: May 8, 2021

Affirmation of Assault Conviction and Accessorial Liability: People v. Brown Introduction People of the State of New York v. Tasheem Brown is a notable case adjudicated by the Supreme Court,...

Preservation of Rights Errors and Voluntariness of Consent in Plea and Search: The Nichols Decision

Date: May 7, 2021

Preservation of Rights Errors and Voluntariness of Consent in Plea and Search: The Nichols Decision Introduction The People of the State of New York v. Martin J. Nichols is a notable appellate...

Authorized Use of Supplemental Needs Trusts for Guardian and Counsel Fees: A New Legal Precedent

Date: May 7, 2021

Authorized Use of Supplemental Needs Trusts for Guardian and Counsel Fees: A New Legal Precedent Introduction The case of Toombs v. John H. (194 A.D.3d 1167, 2021) addresses the critical issue of...

Ensuring Voluntary and Informed Waiver of Right to Appeal: The People v. Bowman Decision

Date: May 7, 2021

Ensuring Voluntary and Informed Waiver of Right to Appeal: The People v. Bowman Decision Introduction In the landmark case of The People of the State of New York v. Mark Bowman (194 A.D.3d 1123), the...

Affirmation of Neglect Findings Based on Excessive Corporal Punishment in Rivera v. Suffolk County Department of Social Services

Date: May 6, 2021

Affirmation of Neglect Findings Based on Excessive Corporal Punishment in Rivera v. Suffolk County Department of Social Services Introduction The case of Rivera v. Suffolk County Department of Social...

Clarifying Summary Judgment Standards in Slip-and-Fall Litigation: Anderson v. UPS

Date: May 6, 2021

Clarifying Summary Judgment Standards in Slip-and-Fall Litigation: Anderson v. UPS Introduction In the landmark case of Sandra Anderson v. United Parcel Service, Inc. (UPS), the Supreme Court of the...

Reinstatement Standards under JUDICIARY LAW § 468-A: AGC v. Kelly Summers Lawrence

Date: Apr 30, 2021

Reinstatement Standards under JUDICIARY LAW § 468-A: AGC v. Kelly Summers Lawrence Introduction The case of Attorney Grievance Committee for the Third Judicial Department v. Kelly Summers Lawrence...

Timely Filing of Proof of Service: Establishing Procedural Integrity in Default Judgments

Date: Apr 30, 2021

Timely Filing of Proof of Service: Establishing Procedural Integrity in Default Judgments Introduction In the appellate case of Miller Greenberg Management Group, LLC v. Paul Couture, decided on...

People v. Karim Smith: Defining 'Serious Physical Injury' in Assault in the Second Degree

Date: Apr 30, 2021

People v. Karim Smith: Defining 'Serious Physical Injury' in Assault in the Second Degree Introduction In the case of The People of the State of New York v. Karim Smith (193 A.D.3d 1260), the...

Defining Reckless Driving and Inclusory Offenses in Aggravated Vehicular Homicide Cases: Ferguson v. People of New York

Date: Apr 30, 2021

Defining Reckless Driving and Inclusory Offenses in Aggravated Vehicular Homicide Cases: Ferguson v. People of New York Introduction Ferguson v. People of New York is a landmark judgment delivered by...

Affirmation of Family Court's Custody and Relocation Determination in Megan UU. v. Phillip UU.

Date: Apr 30, 2021

Affirmation of Family Court's Custody and Relocation Determination in Megan UU. v. Phillip UU. Introduction The case Megan UU. v. Phillip UU. (Proceeding No. 1), adjudicated by the Appellate Division...

Clarifying Public Figure Status in Defamation Law: Insights from Gottwald v. Sebert

Date: Apr 23, 2021

Clarifying Public Figure Status in Defamation Law: Insights from Gottwald v. Sebert Introduction The appellate case Gottwald v. Sebert (193 A.D.3d 573, 2021) serves as a significant landmark in New...

Establishing Neglect Through Domestic Violence: Insights from Administration for Children's Services v. Jairam T.

Date: Apr 22, 2021

Establishing Neglect Through Domestic Violence: Insights from Administration for Children's Services v. Jairam T. Introduction Administration for Children's Services v. Jairam T. is a landmark case...

Law of the Case and Borrowing Statute Defenses in RMBS Litigation: Analysis of In Re: PART 60 RMBS PUT - BACK LITIGATION

Date: Apr 14, 2021

Law of the Case and Borrowing Statute Defenses in RMBS Litigation: Analysis of In Re: PART 60 RMBS PUT - BACK LITIGATION Introduction The case of In Re: PART 60 RMBS PUT - BACK LITIGATION (195 A.D.3d...

Constructive Trust and the Statute of Frauds: Insights from Payam Toobian v. Mehrdad Golzad

Date: Apr 8, 2021

Constructive Trust and the Statute of Frauds: Insights from Payam Toobian v. Mehrdad Golzad Introduction The legal landscape surrounding constructive trusts and the Statute of Frauds is intricate,...

Herrero v. 2146 Nostrand A: Establishing Liability Standards Under Labor Law §240(1)

Date: Apr 2, 2021

Herrero v. 2146 Nostrand A: Establishing Liability Standards Under Labor Law §240(1) Introduction In the appellate case Edgardo Herrero, Plaintiff-Respondent, v. 2146 Nostrand Avenue Associates, LLC,...

Clarifying Contractual Indemnification and Liability in Construction Accidents: The Ging v. Sciame Construction Co. Decision

Date: Apr 2, 2021

Clarifying Contractual Indemnification and Liability in Construction Accidents: The Ging v. Sciame Construction Co. Decision Introduction The case of Albert Ging v. F.J. Sciame Construction Co.,...

Affirmation of Summary Judgment in Medical Malpractice and Informed Consent Cases

Date: Apr 1, 2021

Affirmation of Summary Judgment in Medical Malpractice and Informed Consent Cases Introduction In the case of Christina Pirri-Logan, et al. v. Michael Pearl, etc. (2021 N.Y. Slip Op. 2001), the...

Establishing Standards for Summary Judgment in Medical Malpractice: Elstein v. Hammer et al.

Date: Apr 1, 2021

Establishing Standards for Summary Judgment in Medical Malpractice: Elstein v. Hammer et al. Introduction The case of Mark E. Elstein, et al. v. Arthur W. Hammer, et al., decided by the Supreme Court...