New York Case Commentaries

Preservation of Attorney-Client Privilege in Indemnity Actions: Deutsche Bank Trust Co. of Americas v. Tri-Links Investment Trust

Date: May 16, 2007

Preservation of Attorney-Client Privilege in Indemnity Actions: Deutsche Bank Trust Co. of Americas v. Tri-Links Investment Trust Introduction The case Deutsche Bank Trust Company of Americas,...

Rivera v. City of New York: Establishing Standards for Probable Cause and Damages in Malicious Prosecution and Excessive Force Claims

Date: May 16, 2007

Rivera v. City of New York: Establishing Standards for Probable Cause and Damages in Malicious Prosecution and Excessive Force Claims Introduction The case of Ildefonso Rivera, Sr., et al. v. City of...

Supervisory Control and Contractor Liability: Insights from Hughes v. Tishman Construction

Date: May 11, 2007

Supervisory Control and Contractor Liability: Insights from Hughes v. Tishman Construction Introduction The case of James Hughes et al. v. Tishman Construction Corp. et al. (40 A.D.3d 305) serves as...

Concurrent Sentencing in Multiple First-Degree Murders: Insights from People v. Abel Rosas

Date: May 9, 2007

Concurrent Sentencing in Multiple First-Degree Murders: Insights from People v. Abel Rosas Introduction In the landmark case People of the State of New York v. Abel Rosas, decided by the Court of...

Majority Rule in Partnership Agreement Amendments: Insights from Bailey v Fish Neave

Date: May 9, 2007

Majority Rule in Partnership Agreement Amendments: Insights from Bailey v Fish Neave Introduction In the landmark case of W. Edward Bailey et al. v. Fish Neave et al., decided by the Court of Appeals...

Clarifying Employer Liability Under Labor Law §240(1): The Role of Control and Proximate Cause in Workplace Injury Cases

Date: May 9, 2007

Clarifying Employer Liability Under Labor Law §240(1): The Role of Control and Proximate Cause in Workplace Injury Cases Introduction In the landmark case of Noel Delahaye v. Saint Anns School et...

Ross v Louise Wise Services, Inc.: Judicial Standards for Punitive Damages in Wrongful Adoption Cases

Date: May 4, 2007

Ross v Louise Wise Services, Inc.: Judicial Standards for Punitive Damages in Wrongful Adoption Cases Introduction The case of Arthur Ross et al. v. Louise Wise Services, Inc. (8 N.Y.3d 478, 2007)...

Fraud in the Inducement in Sublease Agreements: Insights from Peach Parking Corp. v. Hertz Corporation

Date: May 4, 2007

Fraud in the Inducement in Sublease Agreements: Insights from Peach Parking Corp. v. Hertz Corporation Introduction The case of Peach Parking Corp. v. Hertz Corporation (42 A.D.3d 82) revolves around...

Substantial Pain as Physical Injury: PEOPLE v. CHIDDICK Establishes Clarion Standard in New York Penal Law

Date: May 2, 2007

Substantial Pain as Physical Injury: PEOPLE v. CHIDDICK Establishes Clarion Standard in New York Penal Law Introduction People of the State of New York v. James Chiddick, 8 N.Y.3d 445 (2007), is a...

Affirming Legal Malpractice Standards and Procedural Due Process: Insights from AmBase Corp. v. Davis Polk Wardwell

Date: Apr 27, 2007

Affirming Legal Malpractice Standards and Procedural Due Process: Insights from AMBASE CORPORATION v. DAVIS POLK WARDWELL Introduction AMBASE CORPORATION v. DAVIS POLK WARDWELL (8 N.Y.3d 428, 2007)...

Emphasizing the Necessity of Explicit Damages Clauses: Awards.com v. Kinko's, Inc. Commentary

Date: Apr 20, 2007

Emphasizing the Necessity of Explicit Damages Clauses: Awards.com v. Kinko's, Inc. Commentary Introduction In the case of Awards.com et al. v. Kinko's, Inc., the Appellate Division of the Supreme...

Denial of Summary Judgment Based on Credibility Disputes in Medical Malpractice Case: Dallas-Stephenson v. Waisman

Date: Apr 13, 2007

Denial of Summary Judgment Based on Credibility Disputes in Medical Malpractice Case: Dallas-Stephenson v. Waisman Introduction The case of Victoria Dallas-Stephenson et al. v. Jerry Waisman, M.D.,...

Rubenstein v. Ganea: Quantum Meruit Fee Recovery Permitted Despite Absence of Written Retainer under 22 NYCRR 1215.1

Date: Apr 4, 2007

Rubenstein v. Ganea: Quantum Meruit Fee Recovery Permitted Despite Absence of Written Retainer under 22 NYCRR 1215.1 Introduction The case of Seth Rubenstein, P.C. v. Cynthia Ganea (41 A.D.3d 54)...

Absolute Privilege Affirmed for Employer Statements on NASD Form U-5 in Defamation Suits

Date: Mar 30, 2007

Absolute Privilege Affirmed for Employer Statements on NASD Form U-5 in Defamation Suits Introduction The landmark case of Chaskie J. ROSENBERG v. METLIFE, INC. (8 N.Y.3d 359) adjudicated by the...

Admissibility of Eyewitness Identification Expert Testimony: PEOPLE v. LeGRAND

Date: Mar 28, 2007

Admissibility of Eyewitness Identification Expert Testimony: PEOPLE v. LeGRAND Introduction PEOPLE v. LeGRAND (8 N.Y.3d 449) is a landmark decision by the Court of Appeals of the State of New York...

Conversion of Electronic Data: Thyroff v. Nationwide Mutual Insurance Company

Date: Mar 23, 2007

Conversion of Electronic Data: Thyroff v. Nationwide Mutual Insurance Company Introduction In the landmark case Louis E. Thyroff v. Nationwide Mutual Insurance Company, decided by the Court of...

Affirming Collective Enforcement in Syndicated Loans: BEAL SAVINGS BANK v. SOMMER Trustees

Date: Mar 23, 2007

Affirming Collective Enforcement in Syndicated Loans: BEAL SAVINGS BANK v. SOMMER Trustees Introduction The case of Beal Savings Bank, Appellant, v. Viola Sommer et al., Trustees of a Trust under the...

Treble Damages Defined as Penalties under CPLR 901(b): Insights from Paul Sperry v. Crompton Corp.

Date: Feb 23, 2007

Treble Damages Defined as Penalties under CPLR 901(b): Insights from Paul SPERRY v. CROMPTON CORPORATION Introduction The legal landscape surrounding class actions and the recoverability of enhanced...

Burden of Proof in Restitution Hearings: PEOPLE v. TZITZIKALAKIS

Date: Feb 16, 2007

Burden of Proof in Restitution Hearings: PEOPLE v. TZITZIKALAKIS Introduction People of the State of New York, Appellant, v. Jimmy Tzitzikalakis, Respondent (8 N.Y.3d 217) is a landmark case decided...

Liability for Negligent Misrepresentation to Nonprivy Parties: Insights from J.A.O. ACQUISITION CORP. v. STAVITSKY

Date: Feb 14, 2007

Liability for Negligent Misrepresentation to Nonprivy Parties: Insights from J.A.O. ACQUISITION CORP. v. STAVITSKY Introduction The case of J.A.O. Acquisition Corp. v. Jeffrey D. Stavitsky et al....

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