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  • Commentaries
  • Judgments

New York Case Commentaries

Establishing Personal Jurisdiction Through Attorney-Client Transactions: FISCHBARG v. DOUCET Analysis

Establishing Personal Jurisdiction Through Attorney-Client Transactions: FISCHBARG v. DOUCET Analysis

Date: Dec 21, 2007
Establishing Personal Jurisdiction Through Attorney-Client Transactions: FISCHBARG v. DOUCET Analysis Introduction The case of GABRIEL FISCHBARG, Respondent, v. SUZANNE DOUCET, Also Known as SUZANNE...
Application of Rent Regulation Reform Act and Illusory Tenancy in Rent Overcharge Proceedings: Partnership 92 LP v. DHCR

Application of Rent Regulation Reform Act and Illusory Tenancy in Rent Overcharge Proceedings: Partnership 92 LP v. DHCR

Date: Dec 21, 2007
Application of Rent Regulation Reform Act and Illusory Tenancy in Rent Overcharge Proceedings: Partnership 92 LP v. DHCR (46 A.D.3d 425) Introduction The case of Partnership 92 LP and Building...
CPLR 302(a)(1) and Personal Jurisdiction: The Case of Rachel Ehrenfeld v. Khalid Salim Bin Mahfouz

CPLR 302(a)(1) and Personal Jurisdiction: The Case of Rachel Ehrenfeld v. Khalid Salim Bin Mahfouz

Date: Dec 21, 2007
CPLR 302(a)(1) and Personal Jurisdiction: The Case of Rachel Ehrenfeld v. Khalid Salim Bin Mahfouz Introduction The legal dispute between Rachel Ehrenfeld, an American author, and Khalid Salim Bin...
Collateral Source Offset for Disability Pensions under General Municipal Law §205-a: Terranova v. NYC Transit Authority

Collateral Source Offset for Disability Pensions under General Municipal Law §205-a: Terranova v. NYC Transit Authority

Date: Dec 19, 2007
Collateral Source Offset for Disability Pensions under General Municipal Law §205-a: Terranova v. NYC Transit Authority Introduction The case of Edward Terranova v. New York City Transit Authority...
Reversing FOIL Exemption Burden: Data Tree, LLC v. Edward P. Romaine

Reversing FOIL Exemption Burden: Data Tree, LLC v. Edward P. Romaine

Date: Dec 19, 2007
Reversing FOIL Exemption Burden: Data Tree, LLC v. Edward P. Romaine Introduction Data Tree, LLC v. Edward P. Romaine is a landmark case decided by the Court of Appeals of the State of New York on...
One-Year Statute of Limitations for Discrimination Claims Against School Districts: Amorosi v. South Colonie

One-Year Statute of Limitations for Discrimination Claims Against School Districts: Amorosi v. South Colonie

Date: Dec 19, 2007
One-Year Statute of Limitations for Discrimination Claims Against School Districts: AMOROSI v. SOUTH COLONIE INDEPENDENT Central School District Introduction The case of Jennifer AMOROSI v. SOUTH...
Clarifying the Exclusive Remedy Defense under New York Workers' Compensation Law in FUNG v. JAPAN Airlines Co., Ltd.

Clarifying the Exclusive Remedy Defense under New York Workers' Compensation Law in FUNG v. JAPAN Airlines Co., Ltd.

Date: Dec 14, 2007
Clarifying the Exclusive Remedy Defense under New York Workers' Compensation Law in FUNG v. JAPAN Airlines Co., Ltd. Introduction FUNG v. JAPAN Airlines Co., Ltd. is a pivotal case adjudicated by the...
Recognition and Protection of Foreign Famous Marks under New York Common Law: ITC Limited v. Punchgini, Inc.

Recognition and Protection of Foreign Famous Marks under New York Common Law: ITC Limited v. Punchgini, Inc.

Date: Dec 14, 2007
Recognition and Protection of Foreign Famous Marks under New York Common Law: ITC Limited v. Punchgini, Inc. Introduction The case of ITC Limited et al. v. Punchgini, Inc., et al. adjudicated by the...
Establishing the Scope of "Weight of the Evidence" Review in Depraved Indifference Murder Cases: Insights from PEOPLE v. DANIELSON

Establishing the Scope of "Weight of the Evidence" Review in Depraved Indifference Murder Cases: Insights from PEOPLE v. DANIELSON

Date: Dec 14, 2007
Establishing the Scope of "Weight of the Evidence" Review in Depraved Indifference Murder Cases: Insights from PEOPLE v. DANIELSON Introduction People of the State of New York v. Khalil Danielson, 9...
Indemnity Obligations in Construction Accidents: Analysis of Carlos URBINA v. 26 COURT STREET ASSOCIATES, LLC

Indemnity Obligations in Construction Accidents: Analysis of Carlos URBINA v. 26 COURT STREET ASSOCIATES, LLC

Date: Dec 7, 2007
Indemnity Obligations in Construction Accidents: Analysis of Carlos Urbina et al. v. 26 Court Street Associates, LLC et al. Introduction The case of Carlos Urbina et al. v. 26 Court Street...
Permissibility of HIPAA-Compliant Ex Parte Interviews with Treating Physicians in Litigation

Permissibility of HIPAA-Compliant Ex Parte Interviews with Treating Physicians in Litigation

Date: Nov 28, 2007
Permissibility of HIPAA-Compliant Ex Parte Interviews with Treating Physicians in Litigation Introduction The case of Manuel Arons, individually and as Executor of Phyllis Arons, Deceased v. Robert...
Defining 'Total Disability' in Insurance Policies: Insights from White v. Continental Casualty Company

Defining 'Total Disability' in Insurance Policies: Insights from White v. Continental Casualty Company

Date: Nov 28, 2007
Defining 'Total Disability' in Insurance Policies: Insights from White v. Continental Casualty Company Introduction The legal landscape governing disability insurance claims is rigorously defined by...
Duty of Care in Stadium Operations: Insights from HAYMON v. PETTIT

Duty of Care in Stadium Operations: Insights from HAYMON v. PETTIT

Date: Nov 21, 2007
Duty of Care in Stadium Operations: Insights from HAYMON v. PETTIT Introduction In HAYMON v. PETTIT, 9 N.Y.3d 324 (2007), the Court of Appeals of New York addressed a pivotal issue concerning the...
Preclusion of Assignment Defenses in No-Fault Insurance Claims: Insights from Hospital for Joint Diseases v. Travelers Prop. Cos. Ins. Co.

Preclusion of Assignment Defenses in No-Fault Insurance Claims: Insights from Hospital for Joint Diseases v. Travelers Prop. Cos. Ins. Co.

Date: Nov 21, 2007
Preclusion of Assignment Defenses in No-Fault Insurance Claims: Insights from Hospital for Joint Diseases v. Travelers Property Casualty Insurance Company Introduction The case of Hospital for Joint...
Affirmation of Judicial Oversight in Religious Property Transfers: A Comprehensive Analysis of Congregation Yetev Lev D'Satmar v. Congregation Yetev Lev D'Satmar

Affirmation of Judicial Oversight in Religious Property Transfers: A Comprehensive Analysis of Congregation Yetev Lev D'Satmar v. Congregation Yetev Lev D'Satmar

Date: Nov 21, 2007
Affirmation of Judicial Oversight in Religious Property Transfers: A Comprehensive Analysis of Congregation Yetev Lev D'Satmar v. Congregation Yetev Lev D'Satmar Introduction The case of Congregation...
Upholding Agency Discretion in Supplemental Environmental Impact Statements under SEQRA: Riverkeeper, Inc. v. Planning Board of Town of Southeast

Upholding Agency Discretion in Supplemental Environmental Impact Statements under SEQRA: Riverkeeper, Inc. v. Planning Board of Town of Southeast

Date: Nov 20, 2007
Upholding Agency Discretion in Supplemental Environmental Impact Statements under SEQRA: Riverkeeper, Inc. v. Planning Board of Town of Southeast Introduction Riverkeeper, Inc. v. Planning Board of...
No Third-Party Liability for Motor Vehicle Inspection Stations: Affirmation of Limited Duty of Care in Stiver v. Good Fair Carting Moving, Inc.

No Third-Party Liability for Motor Vehicle Inspection Stations: Affirmation of Limited Duty of Care in Stiver v. Good Fair Carting Moving, Inc.

Date: Nov 20, 2007
No Third-Party Liability for Motor Vehicle Inspection Stations: Affirmation of Limited Duty of Care in Stiver v. Good Fair Carting Moving, Inc. Introduction The case of Gregory G. Stiver et al. v....
Personal Jurisdiction and Forum Non Conveniens: New Precedents in ABN v. Daniele

Personal Jurisdiction and Forum Non Conveniens: New Precedents in ABN v. Daniele

Date: Nov 14, 2007
Personal Jurisdiction and Forum Non Conveniens: New Precedents in ABN v. Daniele Introduction The case of American BankNote Corporation et al. v. Hernan Daniel Daniele et al., decided by the...
Privity Requirements in Excess Insurer Legal Malpractice Claims: Federal Insurance Co. v. North American Specialty Ins. Co.

Privity Requirements in Excess Insurer Legal Malpractice Claims: Federal Insurance Co. v. North American Specialty Ins. Co.

Date: Nov 9, 2007
Privity Requirements in Excess Insurer Legal Malpractice Claims: Federal Insurance Co. v. North American Specialty Ins. Co. Introduction The case of Federal Insurance Company, Individually and as...
Affirmation of Dismissal for Defamation and Legal Malpractice Claims: Salvatore v. Sanjay Kumar et al.

Affirmation of Dismissal for Defamation and Legal Malpractice Claims: Salvatore v. Sanjay Kumar et al.

Date: Nov 8, 2007
Affirmation of Dismissal for Defamation and Legal Malpractice Claims: Salvatore v. Sanjay Kumar et al. Introduction The case IRENE SALVATORE et al., Appellants-Respondents, v. SANJAY KUMAR et al.,...
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