New York Case Commentaries

Fraudulent Inducement and Legal Malpractice in Trust Agreements: Insights from Berkovits v. Berko

Date: Jan 28, 2021

Fraudulent Inducement and Legal Malpractice in Trust Agreements: Insights from Berkovits v. Berko Introduction The case of Joseph Berko v. ts, etc., et al., respondents (141 N.Y.S.3d 84) adjudicated...

Affirmation of Protective Orders for Overbroad Discovery Requests under CPLR 3103(a): Lombardi v. Lombardi

Date: Jan 28, 2021

Affirmation of Protective Orders for Overbroad Discovery Requests under CPLR 3103(a): Lombardi v. Lombardi Introduction In the landmark case of Mary Beth Lombardi v. Vittorio Lombardi, adjudicated by...

Affirmation of Strict Default Procedures in Mortgage Foreclosure: HSBC Bank USA v. Mohamed Diallo

Date: Jan 28, 2021

Affirmation of Strict Default Procedures in Mortgage Foreclosure: HSBC Bank USA v. Mohamed Diallo Introduction The case of HSBC Bank USA, National Association v. Mohamed Diallo (141 N.Y.S.3d 72)...

Homeowner's Exemption under Labor Law §240(1) and §241(6) in Personal Injury Claims

Date: Jan 28, 2021

Homeowner's Exemption under Labor Law §240(1) and §241(6) in Personal Injury Claims Introduction The case of John Debennedetto v. Abraham Chetrit et al. (140 N.Y.S.3d 569) adjudicated by the Supreme...

Reversing Summary Judgment in Medical Malpractice: Defining Physician-Patient Relationships and Burdens of Proof

Date: Jan 28, 2021

Reversing Summary Judgment in Medical Malpractice: Defining Physician-Patient Relationships and Burdens of Proof Introduction The case of Carol Blau, et al. v. Les Benodin, et al. (140 N.Y.S.3d 576),...

Non-Retroactivity of Procedural Protections in Speedy Trial Claims: People v. Duggins Jr.

Date: Jan 22, 2021

Non-Retroactivity of Procedural Protections in Speedy Trial Claims: People v. Duggins Jr. Introduction The appellate case of The People of the State of New York v. Ronald K. Duggins Jr. (140 N.Y.S.3d...

Procedural Integrity in Grand Jury Re-presentation: Affirming Court Authorization Requirements

Date: Jan 15, 2021

Procedural Integrity in Grand Jury Re-presentation: Affirming Court Authorization Requirements Introduction In the appellate case of The People of the State of New York v. Sylvester Young (139...

Reinforcing Risk Factor Assessment for Sex Offenders: Insights from People v. Keith Brown

Date: Jan 15, 2021

Reinforcing Risk Factor Assessment for Sex Offenders: Insights from People v. Keith Brown Introduction The appellate case of The People of the State of New York v. Keith Brown (140 N.Y.S.3d 303,...

Establishing Parental Neglect: A Comprehensive Analysis of Sheltering Arms Children and Family Services v. Maria L.G.C.

Date: Jan 14, 2021

Establishing Parental Neglect: A Comprehensive Analysis of Sheltering Arms Children and Family Services v. Maria L.G.C. Introduction The case of Sheltering Arms Children and Family Services v. Maria...

Refining Summary Judgment Standards in Medical Malpractice Litigation: Zabary v. North Shore Hospital

Date: Jan 14, 2021

Refining Summary Judgment Standards in Medical Malpractice Litigation: Zabary v. North Shore Hospital Introduction In the case of Adam Zabary v. North Shore Hospital in Plainview (139 N.Y.S.3d 344),...

Enforceability of Reasonable Offer Clauses in Contracts: Insights from LMEG Wireless v. Farro

Date: Jan 14, 2021

Enforceability of Reasonable Offer Clauses in Contracts: Insights from LMEG Wireless, LLC v. Farro Introduction The appellate case LMEG Wireless, LLC, et al. v. Menachem Farro, decided on January 13,...

Affirmation of Criminal Possession and Contraband Charges: Saio Barzee v. The People of New York

Date: Jan 8, 2021

Affirmation of Criminal Possession and Contraband Charges: Saio Barzee v. The People of New York Introduction In the appellate case of The People of the State of New York, Respondent, v. Saio Barzee,...

Reinstatement Standards for Suspended Attorneys: Insights from Attorney Grievance Committee v. Luce (2021)

Date: Jan 8, 2021

Reinstatement Standards for Suspended Attorneys: Insights from Attorney Grievance Committee v. Luce (2021) Introduction The legal profession is governed by stringent ethical standards and regulatory...

Sole Legal Custody and Order of Protection Established in Y. v. Z. Case

Date: Jan 8, 2021

Sole Legal Custody and Order of Protection Established in Y. v. Z. Case Introduction The case of Paul Y. v. Patricia Z. involves a contentious custody battle between the parents of two children. The...

Ensuring Valid Waivers of Appeal in Plea Agreements: Insights from People v. Lamont Gamble

Date: Jan 8, 2021

Ensuring Valid Waivers of Appeal in Plea Agreements: Insights from People v. Lamont Gamble Introduction In People of the State of New York v. Lamont Gamble, the Appellate Division of the Supreme...

Affirmation of Valid Waiver of Appeal in Guilty Plea Agreements: The People v. Shaka Williams

Date: Jan 1, 2021

Affirmation of Valid Waiver of Appeal in Guilty Plea Agreements: The People v. Shaka Williams Introduction In The People of the State of New York v. Shaka Williams (138 N.Y.S.3d 690), the Appellate...

Mandatory Notice Requirement under CPL 710.30 Established in People v. Porter

Date: Dec 31, 2020

Mandatory Notice Requirement under CPL 710.30 Established in People v. Porter Introduction The case of The People of the State of New York v. Denise Porter, 192 A.D.3d 222 (Appellate Division, Second...

Waiver of Personal Jurisdiction and Surplus Remedies in Foreclosure Actions: Insights from U.S. Rof III Legal Title Trust v. Kunjamma C. John

Date: Dec 31, 2020

Waiver of Personal Jurisdiction and Surplus Remedies in Foreclosure Actions: Insights from U.S. Rof III Legal Title Trust v. Kunjamma C. John Introduction The appellate decision in U.S. Rof III Legal...

Delegation of Arbitrability to Arbitrators: Insights from Darrelle Revis v. Schwartz

Date: Dec 31, 2020

Delegation of Arbitrability to Arbitrators: Insights from Darrelle Revis v. Schwartz Introduction The case of Darrelle Revis v. Schwartz, et al., adjudicated by the Supreme Court of the State of New...

Establishing Credibility Standards in Suppression Hearings: People v. Shymeek Harris

Date: Dec 31, 2020

Establishing Credibility Standards in Suppression Hearings: People v. Shymeek Harris Introduction In the landmark case of The People of the State of New York v. Shymeek Harris (138 N.Y.S.3d 593), the...