New York Case Commentaries

Single Employer Doctrine in Public Entities: Insights from Strauss v. New York State Department of Education

Date: Dec 16, 2005

Single Employer Doctrine in Public Entities: Insights from Strauss v. New York State Department of Education Introduction Suzanne R. Strauss v. New York State Department of Education et al. is a...

Distinct Treatment of Interspousal Tort Actions in Matrimonial Proceedings: Insights from Chen v. Fischer

Date: Dec 16, 2005

Distinct Treatment of Interspousal Tort Actions in Matrimonial Proceedings: Insights from Chen v. Fischer Introduction The case of Xiao Yang Chen v. Ian Ira Fischer (6 N.Y.3d 94) presents a pivotal...

Clarifying 'Annual Premium' in Life Insurance Contracts: NY Court of Appeals Decision

Date: Nov 22, 2005

Clarifying 'Annual Premium' in Life Insurance Contracts: NY Court of Appeals Decision Introduction The recent decision by the Court of Appeals of the State of New York in the cases of Goldman v....

Assumption of Duty by Underwriters and Issuer's Counsel in Secured Debt Transactions – New Precedent in Negligence and Contribution Claims

Date: Nov 18, 2005

Assumption of Duty by Underwriters and Issuer's Counsel in Secured Debt Transactions – New Precedent in Negligence and Contribution Claims Introduction The legal landscape governing secured debt...

Nastasi v. Nastasi & Johansen: Clarifying Arbitration Stays, Notices of Pendency, and Constructive Trusts under CPLR

Date: Nov 15, 2005

Staying Actions Pending Arbitration and Constructive Trusts: Insights from Nastasi v. Nastasi & Johansen Introduction The case of Althea Nastasi v. Thomas Nastasi III and Arthur Johansen et al.,...

Establishing Personal Jurisdiction through Transacted Business: Insights from Opticare Acquisition Corp. v. Castillo et al.

Date: Nov 8, 2005

Establishing Personal Jurisdiction through Transacted Business: Insights from Opticare Acquisition Corp. v. Castillo et al. Introduction The case of Opticare Acquisition Corp., Doing Business as Wise...

Establishing Professional Duty of Care in Accounting Recommendations: The Friedman v. Anderson Case

Date: Nov 2, 2005

Establishing Professional Duty of Care in Accounting Recommendations: The Friedman v. Anderson Case Introduction The case of Richard P. Friedman et al. v. Ralph Anderson et al. (23 A.D.3d 163)...

Interpretation of "Arising Out Of" in Uninsured Premises Exclusion: Maroney v. New York Central Mutual Fire Insurance Company

Date: Oct 28, 2005

Interpretation of "Arising Out Of" in Uninsured Premises Exclusion: Maroney v. New York Central Mutual Fire Insurance Company Introduction In the landmark case of Maroney v. New York Central Mutual...

Dismissal for Neglect to Prosecute: Implications of Andrea v. Arnone et al.

Date: Oct 28, 2005

Dismissal for Neglect to Prosecute: Implications of Andrea v. Arnone et al. Introduction The case of Cheryl Andrea et al. v. Arnone, Hedin, Casker, Kennedy and Drake, Architects and Landscape...

Unit Owner Liability in Condominium Common Elements: Insights from IRA PEKELNAYA v. JERRI ALLYN

Date: Oct 26, 2005

Unit Owner Liability in Condominium Common Elements: Insights from IRA PEKELNAYA v. JERRI ALLYN Introduction In the landmark case IRA PEKELNAYA, as Guardian ad Litem for MICHAEL TARATUTA, an...

Enforceability of Contractual Indemnification for Seller’s Negligence: Insights from Jana L. v. West 129th Street Realty Corp.

Date: Oct 12, 2005

Enforceability of Contractual Indemnification for Seller’s Negligence: Insights from Jana L. v. West 129th Street Realty Corp. Introduction The case of Jana L. v. West 129th Street Realty Corp....

Balancing Development Stipulations and Anti-SLAPP Protections: Harrison Appellate Decision

Date: Oct 12, 2005

Balancing Development Stipulations and Anti-SLAPP Protections: Harrison Appellate Decision Introduction The case of Purchase Environmental Protective Association, Inc. v. Town/Village of Harrison (22...

Resolving Ambiguities in Business-Use Exclusions: Insights from Norman Pepper v. Allstate Insurance

Date: Jul 8, 2005

Resolving Ambiguities in Business-Use Exclusions: Insights from Norman Pepper v. Allstate Insurance Introduction The case of Norman Pepper et al. v. Allstate Insurance Company et al. (20 A.D.3d 633,...

Clarifying Excludable Delays under CPL 30.30: The People v. Wayne Reed

Date: Jul 1, 2005

Clarifying Excludable Delays under CPL 30.30: The People v. Wayne Reed Introduction In the appellate case THE PEOPLE OF THE STATE OF NEW YORK v. WAYNE REED (19 A.D.3d 312), the Appellate Division of...

New Precedent on Vendor Insurance Endorsements: Limited to Product Defects

Date: Jun 30, 2005

New Precedent on Vendor Insurance Endorsements: Limited to Product Defects Introduction In the landmark case Raymond Corporation et al. v. National Union Fire Insurance Company of Pittsburgh, PA. (5...

Miranda Compliance and the "Single Continuous Chain of Events" in PEOPLE v. PAULMAN

Date: Jun 30, 2005

Miranda Compliance and the "Single Continuous Chain of Events" in PEOPLE v. PAULMAN Introduction People of the State of New York v. Kenneth J. Paulman is a pivotal case adjudicated by the Court of...

People v. Caban: Clarifying the Admissibility of Coconspirators' Statements in Conspiracy Cases

Date: Jun 15, 2005

People v. Caban: Clarifying the Admissibility of Coconspirators' Statements in Conspiracy Cases Introduction People v. Caban, 5 N.Y.3d 143 (2005), is a pivotal decision by the Court of Appeals of the...

Affirmation of Time-Barred SEQRA and FOIL Claims in Metropolitan Museum Case

Date: Jun 1, 2005

Affirmation of Time-Barred SEQRA and FOIL Claims in Metropolitan Museum Case Introduction The case Metropolitan Museum Historic District Coalition et al. v. Philippe de Montebello, Director of the...

Clarifying the Serious Injury Threshold under New York's No-Fault Insurance Law: Insights from POMMELLS v. PEREZ and Related Cases

Date: Apr 29, 2005

Clarifying the Serious Injury Threshold under New York's No-Fault Insurance Law: Insights from POMMELLS v. PEREZ and Related Cases Introduction The Court of Appeals of the State of New York, in its...

Limitation Periods and Equitable Tolling in Fiduciary Relationships: Analysis of John Doe v. Holy See

Date: Apr 15, 2005

Limitation Periods and Equitable Tolling in Fiduciary Relationships: Analysis of John Doe v. Holy See Introduction The case of John Doe, Appellant, v. Holy See (State of Vatican City), et al....

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