New York Case Commentaries

New York Court Affirms Absence of Third-Party Negligent Spoliation Tort

Date: Oct 17, 2007

New York Court Affirms Absence of Third-Party Negligent Spoliation Tort Introduction The case of Castalia Ortega et al. v. City of New York (9 N.Y.3d 69) adjudicated by the Court of Appeals of the...

Due Diligence in 'Nail and Mail' Service: Establishing Jurisdiction in Estate of Waterman v. Jones

Date: Oct 17, 2007

Due Diligence in 'Nail and Mail' Service: Establishing Jurisdiction in Estate of Waterman v. Jones Introduction The case of Estate of Edward S. Waterman, Deceased v. Andrew P. Jones, adjudicated by...

Refiling Limitations for Corporations under NY CPLR § 205(a): RELIANCE INSURANCE CO. v. POLYVISION CORP.

Date: Oct 12, 2007

Refiling Limitations for Corporations under NY CPLR § 205(a): RELIANCE INSURANCE CO. v. POLYVISION CORP. Introduction The case of Reliance Insurance Company v. PolyVision Corporation addresses a...

Extension of Relation-Back Doctrine under CPLR §203(f) for Civil Rights Claims: Pendleton v. City of New York

Date: Oct 10, 2007

Extension of Relation-Back Doctrine under CPLR §203(f) for Civil Rights Claims: Pendleton v. City of New York Introduction Kevin Pendleton v. City of New York et al., 44 A.D.3d 733 (App. Div. 2007),...

Randi A.J. v. Long Island Surgi-Center: A New Precedent in Punitive Damages for Breach of Medical Confidentiality

Date: Sep 26, 2007

Randi A.J. v. Long Island Surgi-Center: A New Precedent in Punitive Damages for Breach of Medical Confidentiality Introduction The case of Randi A.J. v. Long Island Surgi-Center adjudicated by the...

Forum Selection and Necessary Party Doctrine in L-3 Communications Corp. v. SafeNet, Inc.

Date: Aug 31, 2007

Forum Selection and Necessary Party Doctrine in L-3 Communications Corp. v. SafeNet, Inc. Introduction The case of L-3 Communications Corporation v. SafeNet, Inc. (45 A.D.3d 1) involves a dispute...

Establishing the Integrity of Jury Verdicts in Negligence Cases: The Rodriguez v. Budget Rent-A-Car Decision

Date: Aug 24, 2007

Establishing the Integrity of Jury Verdicts in Negligence Cases: The Rodriguez v. Budget Rent-A-Car Decision Introduction In the landmark case of Rodriguez et al. v. Budget Rent-A-Car Systems, Inc....

Clarifying the Application of Labor Law § 240(1) in Construction Site Safety: Buckley v Columbia Grammar Preparatory

Date: Aug 17, 2007

Clarifying the Application of Labor Law § 240(1) in Construction Site Safety: Buckley v Columbia Grammar Preparatory Introduction The case of Scott Buckley et al. v. Columbia Grammar and Preparatory...

Municipal Standing in SEQRA Challenges: Insights from VILLAGE OF CHESTNUT RIDGE v. TOWN OF RAMAPO

Date: Aug 15, 2007

Municipal Standing in SEQRA Challenges: Insights from VILLAGE OF CHESTNUT RIDGE v. TOWN OF RAMAPO Introduction The case of VILLAGE OF CHESTNUT RIDGE et al. v. TOWN OF RAMAPO et al., reported in 45...

Enforceability of Unconditional Guaranties in Mortgage Foreclosure: Red Tulip, LLC v. Junia Hissa Neiva

Date: Aug 3, 2007

Enforceability of Unconditional Guaranties in Mortgage Foreclosure: Red Tulip, LLC v. Junia Hissa Neiva Introduction Red Tulip, LLC v. Junia Hissa Neiva is a pivotal case adjudicated by the Appellate...

Reversing Statute of Frauds Application in Oral Joint Venture Agreements: Foster v. Kovner

Date: Jul 20, 2007

Reversing Statute of Frauds Application in Oral Joint Venture Agreements: Foster v. Kovner Introduction Foster v. Kovner et al., 44 A.D.3d 23 (Appellate Division of the Supreme Court of New York,...

Forfeiture Limits Under the Faithless Agent Rule: G.K. Alan Assoc, Inc. v. Derval Lazzari Commentary

Date: Jul 11, 2007

Forfeiture Limits Under the Faithless Agent Rule: G.K. Alan Assoc, Inc. v. Derval Lazzari Introduction The case G.K. Alan Assoc, Inc. v. Derval Lazzari (44 A.D.3d 95) adjudicated by the Appellate...

Clarifying the Scope of Labor Law §240(1) in Commercial Interior Window Cleaning: BROGGY v. ROCKEFELLER GROUP, INC.

Date: Jul 3, 2007

Clarifying the Scope of Labor Law §240(1) in Commercial Interior Window Cleaning: BROGGY v. ROCKEFELLER GROUP, INC. Introduction BROGGY v. ROCKEFELLER GROUP, INC. is a pivotal case decided by the...

Quantum Meruit Claims in Employment Disputes: Insights from M'Hammed Soumayah v. Liza Minnelli

Date: Jun 29, 2007

Quantum Meruit Claims in Employment Disputes: Insights from M'Hammed Soumayah v. Liza Minnelli Introduction The appellate decision in M'Hammed Soumayah v. Liza Minnelli, 41 A.D.3d 390 (2007),...

Continuous Representation Doctrine Does Not Toll Statute of Limitations for Discrete Annual Audits: WILLIAMSON v PRICEWATERHOUSECoopers LLP

Date: Jun 8, 2007

Continuous Representation Doctrine Does Not Toll Statute of Limitations for Discrete Annual Audits: Williamson v. PricewaterhouseCoopers LLP Introduction In the landmark case of Williamson v....

Enforcement of Arbitration Clauses in Master Settlement Agreement: Analysis of State of New York v. Philip Morris Incorporated

Date: Jun 8, 2007

Enforcement of Arbitration Clauses in Master Settlement Agreement: Analysis of State of New York et al. v. Philip Morris Incorporated et al. Introduction The case of State of New York et al.,...

Loureé v. The People of New York: Ensuring Informed Pleas

Date: Jun 6, 2007

Loureé v. The People of New York: Ensuring Informed Pleas Introduction The case of The People of the State of New York v. Cornell Lourée pertains to the validity of a guilty plea in the context of...

Waiver of Standing Defense in Foreclosure Actions: Analysis of Wells Fargo Bank Minnesota v. Mastropaolo

Date: May 30, 2007

Waiver of Standing Defense in Foreclosure Actions: Analysis of Wells Fargo Bank Minnesota v. Mastropaolo Introduction The case of Wells Fargo Bank Minnesota, National Association, as Trustee, without...

Tiffany at Westbury Condominium v. Marelli Development Corp.: Enhanced Clarity on Breach of Contract and Warranty Provisions

Date: May 30, 2007

Tiffany at Westbury Condominium v. Marelli Development Corp.: Enhanced Clarity on Breach of Contract and Warranty Provisions Introduction In the case of Tiffany at Westbury Condominium, By Its Board...

Clarifying General Contractor Liability Under Common Law Negligence and Labor Law: Burkoski v. Structure Tone, Inc.

Date: May 18, 2007

Clarifying General Contractor Liability Under Common Law Negligence and Labor Law: Burkoski v. Structure Tone, Inc. Introduction The case of Burkoski v. Structure Tone, Inc. (40 A.D.3d 378) presents...

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