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  • Commentaries
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New York Case Commentaries

Affirming Equitable Distribution Rights for Domestic Partners in September 11 Compensation: Cruz v. McAneney

Affirming Equitable Distribution Rights for Domestic Partners in September 11 Compensation: Cruz v. McAneney

Date: May 3, 2006
Affirming Equitable Distribution Rights for Domestic Partners in September 11 Compensation: Cruz v. McAneney Introduction The appellate decision in Cruz v. McAneney (31 A.D.3d 54) addresses a pivotal...
Prohibition of Contingency Fees in Mixed Matrimonial and Non-Matrimonial Actions: Ross v. DeLorenzo

Prohibition of Contingency Fees in Mixed Matrimonial and Non-Matrimonial Actions: Ross v. DeLorenzo

Date: Apr 19, 2006
Prohibition of Contingency Fees in Mixed Matrimonial and Non-Matrimonial Actions: Ross v. DeLorenzo Introduction The case of Robert A. Ross, Appellant, v. Linda DeLorenzo, Respondent (28 A.D.3d 631)...
Limitation of General Contractors' Liability Under Labor Law §241(6): Insights from Sean O'Sullivan v. IDI Construction Company

Limitation of General Contractors' Liability Under Labor Law §241(6): Insights from Sean O'Sullivan v. IDI Construction Company

Date: Apr 7, 2006
Limitation of General Contractors' Liability Under Labor Law §241(6): Insights from Sean O'Sullivan v. IDI Construction Company Introduction The case of Sean O'Sullivan v. IDI Construction Company,...
Broad Enforcement of Arbitration Clauses in Master Settlement Agreements: A Commentary on STATE OF NEW YORK v. Philip Morris Inc.

Broad Enforcement of Arbitration Clauses in Master Settlement Agreements: A Commentary on STATE OF NEW YORK v. Philip Morris Inc.

Date: Apr 7, 2006
Broad Enforcement of Arbitration Clauses in Master Settlement Agreements: A Commentary on STATE OF NEW YORK v. Philip Morris Inc. Introduction The case of STATE OF NEW YORK et al. v. PHILIP MORRIS...
Affirmation of Discretionary Standards Under General Municipal Law §50-e(5) in Late Notice of Claim Cases

Affirmation of Discretionary Standards Under General Municipal Law §50-e(5) in Late Notice of Claim Cases

Date: Apr 5, 2006
Affirmation of Discretionary Standards Under General Municipal Law §50-e(5) in Late Notice of Claim Cases 1. Introduction Tymeik WILLIAMS v. NASSAU COUNTY MEDICAL CENTER et al. is a landmark case...
Employer's Obligation to Specify Reasonable Accommodations: Pimentel v. Citibank

Employer's Obligation to Specify Reasonable Accommodations: Pimentel v. Citibank

Date: Mar 17, 2006
Employer's Obligation to Specify Reasonable Accommodations: Pimentel v. Citibank (2006) Introduction Pimentel v. Citibank, N.A. is a landmark case adjudicated by the Appellate Division of the Supreme...
Defining 'Monetary Default' and Waiver in Lease Guaranties: Madison Ave Leasehold v. Madison Bentley Associates

Defining 'Monetary Default' and Waiver in Lease Guaranties: Madison Ave Leasehold v. Madison Bentley Associates

Date: Mar 15, 2006
Defining 'Monetary Default' and Waiver in Lease Guaranties: Madison Ave Leasehold v. Madison Bentley Associates Introduction The case of Madison Avenue Leasehold, LLC v. Madison Bentley Associates...
Equitable Estoppel and Statutes of Limitations: Insights from ZUMPANO v. QUINN and Estate of Boyle v. Smith

Equitable Estoppel and Statutes of Limitations: Insights from ZUMPANO v. QUINN and Estate of Boyle v. Smith

Date: Feb 22, 2006
Equitable Estoppel and Statutes of Limitations: Insights from ZUMPANO v. QUINN and Estate of Boyle v. Smith Introduction The cases of John S. Zumpano, Appellant, v. James F. Quinn and Estate of Boyle...
Waiver of Appeal Rights and Appellate Division’s Interest-of-Justice Jurisdiction: Insights from PEOPLE v. LOPEZ et al.

Waiver of Appeal Rights and Appellate Division’s Interest-of-Justice Jurisdiction: Insights from PEOPLE v. LOPEZ et al.

Date: Feb 17, 2006
Waiver of Appeal Rights and Appellate Division’s Interest-of-Justice Jurisdiction: Insights from PEOPLE v. LOPEZ et al. Introduction The landmark decision in The People of the State of New York v....
Recognizing Second-Degree Murder as a Lesser Included Offense in First-Degree Intentional Felony Murder: PEOPLE v. MILLER and Rodriguez Commentary

Recognizing Second-Degree Murder as a Lesser Included Offense in First-Degree Intentional Felony Murder: PEOPLE v. MILLER and Rodriguez Commentary

Date: Feb 17, 2006
Recognizing Second-Degree Murder as a Lesser Included Offense in First-Degree Intentional Felony Murder: PEOPLE v. MILLER and Rodriguez Commentary Introduction The Court of Appeals of the State of...
CPLR 3101(a)(4) Notice Requirement Upholding the Validity of Subpoena Duces Tecum: Velez v. Hunts Point Multi-Service Center

CPLR 3101(a)(4) Notice Requirement Upholding the Validity of Subpoena Duces Tecum: Velez v. Hunts Point Multi-Service Center

Date: Feb 10, 2006
CPLR 3101(a)(4) Notice Requirement Upholding the Validity of Subpoena Duces Tecum Introduction The case of Caroline Velez, as Guardian of the Person and Property of Ramon S. Velez, an Incompetent,...
Strict Compliance with UCP Standards in Letter of Credit Transactions Affirmed in Blonder v. Citibank

Strict Compliance with UCP Standards in Letter of Credit Transactions Affirmed in Blonder v. Citibank

Date: Feb 1, 2006
Strict Compliance with UCP Standards in Letter of Credit Transactions Affirmed in Blonder v. Citibank Introduction The case of Blonder Co., Inc. v. Citibank, N.A. (28 A.D.3d 180) adjudicated by the...
Limitations on Indemnification in Condominium Renovation Disputes: Edge Management v. Blank

Limitations on Indemnification in Condominium Renovation Disputes: Edge Management v. Blank

Date: Jan 11, 2006
Limitations on Indemnification in Condominium Renovation Disputes: Edge Management v. Blank Introduction In the case of The Edge Management Consulting, Inc. v. Nancy Blank et al., adjudicated by the...
Fraudulent Conveyance in Landlord-Tenant Disputes: Insights from CIT Group v. 160-09 Jamaica Avenue LP

Fraudulent Conveyance in Landlord-Tenant Disputes: Insights from CIT Group v. 160-09 Jamaica Avenue LP

Date: Jan 4, 2006
Fraudulent Conveyance in Landlord-Tenant Disputes: Insights from CIT Group v. 160-09 Jamaica Avenue LP Introduction The case of CIT Group/Commercial Services, Inc. v. 160-09 Jamaica Avenue Limited...
Enforcement of CPLR 902 Timelines and NYCHRL Scope in Sona Shah v. Wilco Systems

Enforcement of CPLR 902 Timelines and NYCHRL Scope in Sona Shah v. Wilco Systems

Date: Dec 30, 2005
Enforcement of CPLR 902 Timelines and NYCHRL Scope in Sona Shah v. Wilco Systems Introduction In the appellate case of Sona Shah et al. v. Wilco Systems, Inc. (27 A.D.3d 169), the Appellate Division...
Halperin v. City of New Rochelle: Establishing the 'Arbitrary and Capricious' Standard for Municipal Zoning Board Decisions

Halperin v. City of New Rochelle: Establishing the 'Arbitrary and Capricious' Standard for Municipal Zoning Board Decisions

Date: Dec 28, 2005
Halperin v. City of New Rochelle: Establishing the 'Arbitrary and Capricious' Standard for Municipal Zoning Board Decisions Introduction In the landmark case of Halperin et al. v. City of New...
New Precedent Limits Application of Depraved Indifference Murder in New York Homicide Cases

New Precedent Limits Application of Depraved Indifference Murder in New York Homicide Cases

Date: Dec 23, 2005
New Precedent Limits Application of Depraved Indifference Murder in New York Homicide Cases Introduction In the landmark decisions of PEOPLE v. SUAREZ and People v. McPherson, the Court of Appeals of...
Judicial Review Bound to Agency Record: Rizzo v. New York State Division of Housing and Community Renewal

Judicial Review Bound to Agency Record: Rizzo v. New York State Division of Housing and Community Renewal

Date: Dec 21, 2005
Judicial Review Bound to Agency Record: Rizzo v. New York State Division of Housing and Community Renewal Introduction In the landmark case of Rizzo v. New York State Division of Housing and...
Confrontation Clause Reinforced: PEOPLE v. GOLDSTEIN Establishes New Precedent

Confrontation Clause Reinforced: PEOPLE v. GOLDSTEIN Establishes New Precedent

Date: Dec 21, 2005
Confrontation Clause Reinforced: PEOPLE v. GOLDSTEIN Establishes New Precedent Introduction PEOPLE v. GOLDSTEIN (6 N.Y.3d 119) is a landmark decision by the Court of Appeals of the State of New York,...
Timely Notice Requirements Under Insurance Law § 3420(d): Analysis of Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines Insurance Company

Timely Notice Requirements Under Insurance Law § 3420(d): Analysis of Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines Insurance Company

Date: Dec 16, 2005
Timely Notice Requirements Under Insurance Law § 3420(d): Analysis of Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines Insurance Company Introduction The case of BOVIS LEND LEASE LMB, INC., et al....
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