New York Case Commentaries

New Jersey Law Governs Multi-State Excess Liability Insurance Policies in Asbestos Claims

Date: Sep 29, 2006

New Jersey Law Governs Multi-State Excess Liability Insurance Policies in Asbestos Claims Introduction The appellate case Certain Underwriters at Lloyd's, London, et al., Plaintiffs, v. Foster...

Establishing Waiver of Privilege Through Discovery Non-Compliance in ANONYMOUS v. High School for Environmental Studies

Date: Sep 1, 2006

Establishing Waiver of Privilege Through Discovery Non-Compliance in ANONYMOUS v. High School for Environmental Studies Introduction The case of ANONYMOUS, Appellant, v. HIGH SCHOOL FOR ENVIRONMENTAL...

Defining "Serious Injury" Under Insurance Law §5102(d): Insights from Uddin v. Cooper

Date: Aug 11, 2006

Defining "Serious Injury" Under Insurance Law §5102(d): Insights from Uddin v. Cooper Introduction The case of Muhammad S. Uddin et al. v. Lysa Cooper et al. (32 A.D.3d 270) adjudicated by the...

Judicial Discretion in Default Judgments: Insights from Guzetti v. City of New York

Date: Aug 11, 2006

Judicial Discretion in Default Judgments: Insights from Guzetti v. City of New York Introduction The case of Danielle Guzetti v. City of New York et al., reported as 32 A.D.3d 234 by the Appellate...

Constructive Notice and Internal Policies in Premises Liability: Branham v. Loews

Date: Jul 28, 2006

Constructive Notice and Internal Policies in Premises Liability: Branham v. Loews Introduction In the case of Alottie Branham v. Loews Orpheum Cinemas, Inc., decided on July 27, 2006, the Appellate...

Definiteness of Contract Terms in Exclusivity Agreements: Insights from Gray v. LeChase Construction Services

Date: Jul 21, 2006

Definiteness of Contract Terms in Exclusivity Agreements: Insights from Gray v. LeChase Construction Services Introduction The case of Clifford R. Gray, Inc. v. LeChase Construction Services, LLC (31...

Waiver of Legal Capacity Defenses in Mortgage Foreclosure Actions: Security Pacific National Bank v. Tracie Evans

Date: Jul 14, 2006

Waiver of Legal Capacity Defenses in Mortgage Foreclosure Actions: Security Pacific National Bank v. Tracie Evans Introduction The legal landscape surrounding mortgage foreclosure actions is complex,...

Coque v. Wildflower Estates: Enhanced Standards for Contractors' Liability and Indemnification under Labor Law §240(1)

Date: Jul 12, 2006

Coque v. Wildflower Estates: Enhanced Standards for Contractors' Liability and Indemnification under Labor Law §240(1) Introduction In the seminal case Luis Coque v. Wildflower Estates Developers,...

Primary Coverage for Additional Insureds Under Commercial General Liability Policies: Analysis of BP Air Conditioning Corp. v. One Beacon Insurance Group

Date: Jul 7, 2006

Primary Coverage for Additional Insureds Under Commercial General Liability Policies: Analysis of BP Air Conditioning Corp. v. One Beacon Insurance Group Introduction The case of BP Air Conditioning...

Estoppel in Paternity: Shondel J. v. Mark D. - A New Precedent in New York Family Law

Date: Jul 7, 2006

Estoppel in Paternity: Shondel J. v. Mark D. - A New Precedent in New York Family Law Introduction The case of In the Matter of Shondel J., Respondent, v. Mark D., Appellant (7 N.Y.3d 320)...

Clarifying the Use of Prior Threats in Determining Initial Aggressor: New York Court of Appeals in PEOPLE v. PETTY

Date: Jul 6, 2006

Clarifying the Use of Prior Threats in Determining Initial Aggressor: New York Court of Appeals in PEOPLE v. PETTY Introduction In the landmark case The People of the State of New York v. Jamal...

Enhanced Fiduciary Duties in Powers of Attorney: Ferrara v. Salvation Army Establishes Best Interest Requirement

Date: Jun 30, 2006

Enhanced Fiduciary Duties in Powers of Attorney: Ferrara v. Salvation Army Establishes Best Interest Requirement Introduction In the Matter of the Estate of George J. Ferrara, Deceased is a pivotal...

Lacher v. Engel: Reinforcing Legal Privilege in Defamation Claims

Date: Jun 21, 2006

Lacher v. Engel: Reinforcing Legal Privilege in Defamation Claims Introduction The legal landscape surrounding defamation claims within professional settings, particularly between attorneys, is...

Limiting Successor Liability: NY Court of Appeals Rejects 'Product Line' Exception in SEMENETZ v. SHERLING WALDEN, INC.

Date: Jun 14, 2006

Limiting Successor Liability: NY Court of Appeals Rejects 'Product Line' Exception in SEMENETZ v. SHERLING WALDEN, INC. Introduction The case of Bridget Semenetz, Individually and as Parent and...

Adverse Possession Affirmed Despite Knowledge of Record Title: WALLING v. PRZYBYLO

Date: Jun 14, 2006

Adverse Possession Affirmed Despite Knowledge of Record Title: WALLING v. PRZYBYLO Introduction WALLING v. PRZYBYLO, 7 N.Y.3d 228, is a pivotal case adjudicated by the Court of Appeals of the State...

Reaffirmation of the Broad Duty to Defend in Homeowner’s Insurance: Insights from Automobile Ins. Co. of Hartford v. Cook

Date: Jun 9, 2006

Reaffirmation of the Broad Duty to Defend in Homeowner’s Insurance: Insights from Automobile Ins. Co. of Hartford v. Cook Introduction The case of Automobile Insurance Company of Hartford v. Alfred...

Establishing Long-Arm Jurisdiction in Commercial Transactions: Deutsche Bank Securities, Inc. v. Montana Board of Investments

Date: Jun 7, 2006

Establishing Long-Arm Jurisdiction in Commercial Transactions: Deutsche Bank Securities, Inc. v. Montana Board of Investments Introduction The case of Deutsche Bank Securities, Inc. v. Montana Board...

Reaffirming the Boundaries of Waiver and Estoppel in Enforcing Non-Compete Agreements: Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.

Date: Jun 7, 2006

Reaffirming the Boundaries of Waiver and Estoppel in Enforcing Non-Compete Agreements: Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P. Introduction The legal landscape...

Deferred Equity Compensation Exempted from 'Wages' under NY Labor Law: Insights from Martin Guiry v. Goldman Sachs

Date: May 19, 2006

Deferred Equity Compensation Exempted from 'Wages' under NY Labor Law: Insights from Martin Guiry v. Goldman Sachs Introduction The case of Martin Guiry v. Goldman, Sachs Co. (31 A.D.3d 70)...

Establishing Standing in Suppression Motions: Insights from PEOPLE v. BURTON

Date: May 3, 2006

Establishing Standing in Suppression Motions: Insights from PEOPLE v. BURTON Introduction The case of People of the State of New York v. Thomas Burton, decided on May 2, 2006, by the Court of Appeals...

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