New York Case Commentaries

Establishing Liability Standards Under Labor Law §241(6): Insights from Miano v. Skyline New Homes Corp.

Date: Feb 14, 2007

Establishing Liability Standards Under Labor Law §241(6): Insights from Miano v. Skyline New Homes Corp. Introduction Miano v. Skyline New Homes Corp. is a pivotal case adjudicated by the Appellate...

Absolute Privilege in Judicial Proceedings: Sexter Warmflash v. Margrabe

Date: Jan 5, 2007

Absolute Privilege in Judicial Proceedings: Sexter Warmflash, P.C. v. Margrabe Introduction In the landmark case of Sexter Warmflash, P.C., et al. v. William Margrabe et al., adjudicated by the...

Mandatory Recording and Indexing of MERS Instruments: Matter of MERSCORP, Inc. v. Romaine

Date: Dec 20, 2006

Mandatory Recording and Indexing of MERS Instruments: Matter of MERSCORP, Inc. v. Romaine Introduction Matter of MERSCORP, Inc., et al. v. Edward P. Romaine, et al. is a significant judicial decision...

Duty of Insurance Defense Counsel to Investigate Excess Coverage: Precedent Set by Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman Dicker, LLP

Date: Dec 20, 2006

Duty of Insurance Defense Counsel to Investigate Excess Coverage: Precedent Set by Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman Dicker, LLP Introduction Overview of the Case,...

Enhancement of Consumer Protections: Repair Presumption Doesn't Require Ongoing Defect in New York Lemon Law

Date: Dec 15, 2006

Enhancement of Consumer Protections: Repair Presumption Doesn't Require Ongoing Defect in New York Lemon Law Introduction The landmark case DaimlerChrysler Corporation et al. v. Eliot Spitzer before...

New Precedent on Organ Donation Rights: Colavito v. New York Organ Donor Network

Date: Dec 15, 2006

New Precedent on Organ Donation Rights: Colavito v. New York Organ Donor Network Introduction COLAVITO v. NEW YORK ORGAN DONOR NETWORK, INC., 8 N.Y.3d 43 (2006), is a landmark decision by the Court...

Defining "Necessary Suspension": Establishing Total Business Cessation in Insurance Claims

Date: Dec 13, 2006

Defining "Necessary Suspension": Establishing Total Business Cessation in Insurance Claims Introduction The case of BROAD STREET, LLC v. GULF INSURANCE COMPANY, adjudicated by the Appellate Division...

Reinforcing Appellate Deference to Jury Findings in Weight of Evidence Challenges: People v. Romero

Date: Nov 22, 2006

Reinforcing Appellate Deference to Jury Findings in Weight of Evidence Challenges: People v. Romero Introduction People v. Romero, 7 N.Y.3d 633 (2006), is a pivotal case in New York jurisprudence...

Affirmation of the Business Judgment Rule: Legal Protections for Condominium Board Members in Discrimination Claims - Pelton v. 77 Park Avenue Condominium

Date: Nov 22, 2006

Affirmation of the Business Judgment Rule: Legal Protections for Condominium Board Members in Discrimination Claims Introduction Pelton v. 77 Park Avenue Condominium is a significant case adjudicated...

Adoption of Constructive Discharge Test for Involuntary Termination in New York's Employee Choice Doctrine

Date: Nov 22, 2006

Adoption of Constructive Discharge Test for Involuntary Termination in New York's Employee Choice Doctrine Introduction In the landmark case of Paul M. MORRIS v. SCHRODER CAPITAL MANAGEMENT...

Choice-of-Law Prevailed Over New York Public Policy in Pay-if-Paid Contracts: Welsbach Electric Corp. v. MasTec North America, Inc.

Date: Nov 21, 2006

Choice-of-Law Prevailed Over New York Public Policy in Pay-if-Paid Contracts: Welsbach Electric Corp. v. MasTec North America, Inc. Introduction The case of Welsbach Electric Corp. v. MasTec North...

Equitable Estoppel and Statute of Limitations in Medical Malpractice: Insights from PUTTER v. NORTH SHORE UNIVERSITY HOSPITAL

Date: Nov 17, 2006

Equitable Estoppel and Statute of Limitations in Medical Malpractice: Insights from PUTTER v. NORTH SHORE UNIVERSITY HOSPITAL Introduction In the landmark case of Beatrice Putter, Indi v. Dually and...

Determining Depraved Indifference Murder: Upholding Register's Framework in POLICANO v. HERBERT

Date: Nov 17, 2006

Determining Depraved Indifference Murder: Upholding Register's Framework in POLICANO v. HERBERT Introduction In POLICANO v. HERBERT, the Court of Appeals of the State of New York addressed critical...

Strict Enforcement of CPLR 3212(a) Deadlines for Summary Judgment Cross Motions Affirmed in Filannino v. Triborough Bridge and Tunnel Authority

Date: Nov 15, 2006

Strict Enforcement of CPLR 3212(a) Deadlines for Summary Judgment Cross Motions Affirmed in Filannino v. Triborough Bridge and Tunnel Authority Introduction The case of Ralph Filannino, Appellant, v....

Negligent Hiring and Delegation of Duty: SANDRA M. v. ST. LUKE'S ROOSEVELT HOSPITAL CENTER

Date: Oct 25, 2006

Negligent Hiring and Delegation of Duty: SANDRA M. v. ST. LUKE'S ROOSEVELT HOSPITAL CENTER Introduction The case of Sandra M. et al. v. St. Luke's Roosevelt Hospital Center et al. (33 A.D.3d 875)...

Enforceability of Indemnification Clauses in Commercial Leases Under New York Law

Date: Oct 20, 2006

Enforceability of Indemnification Clauses in Commercial Leases Under New York Law Introduction The case of Great Northern Insurance Company v. Interior Construction Corporation et al. (7 N.Y.3d 412)...

Establishing Standing and Derivative Actions in Condominium Law: Caprer v. Nussbaum

Date: Oct 18, 2006

Establishing Standing and Derivative Actions in Condominium Law: Caprer v. Nussbaum Introduction The case of Caprer v. Nussbaum et al. (36 A.D.3d 176) adjudicated by the Appellate Division of the...

Parker v. Mobil Oil Corp.: Establishing Standards for Expert Testimony in Toxic Tort Cases

Date: Oct 18, 2006

Parker v. Mobil Oil Corp.: Establishing Standards for Expert Testimony in Toxic Tort Cases Introduction PARKER v. MOBIL OIL CORPORATION et al., decided by the Court of Appeals of the State of New...

Reaffirmation of Contract Enforcement in Structured Settlement Assignments under New York Law

Date: Oct 6, 2006

Reaffirmation of Contract Enforcement in Structured Settlement Assignments under New York Law Introduction The case of Singer Asset Finance Company, LLC v. Kim Y. Melvin, decided by the Appellate...

Unreasonable Reliance and Due Diligence in Shareholder Agreements: Insights from Global Minerals and Metals Corp. v. Holme

Date: Oct 4, 2006

Unreasonable Reliance and Due Diligence in Shareholder Agreements: Insights from Global Minerals and Metals Corp. v. Holme Introduction The case Global Minerals and Metals Corp., Appellant, v. James...

Previous Next