New York Case Commentaries

Columbia University v. D'Agostino: Supreme Court Sets Limit on Liquidated Damages in Surrender Agreements

Date: Nov 25, 2020

Columbia University v. D'Agostino: Supreme Court Sets Limit on Liquidated Damages in Surrender Agreements Introduction In the landmark case of The Trustees of Columbia University in the City of New...

Reaffirmation of the 'Dangerously Close' Standard for Criminal Attempt: People v. Lendof-Gonzalez

Date: Nov 25, 2020

Reaffirmation of the 'Dangerously Close' Standard for Criminal Attempt: People v. Lendof-Gonzalez Introduction People v. Lendof-Gonzalez, 36 N.Y.3d 87 (2020), is a pivotal case addressed by the Court...

Affirmation of Guilty Plea Validity in People v. Clifton Seymore

Date: Nov 21, 2020

Affirmation of Guilty Plea Validity in People v. Clifton Seymore (188 A.D.3d 1767) 1. Introduction Case Citation: The People of the State of New York, Respondent, v. Clifton Seymore,...

Arbitrary and Capricious Standard Applied in Educational Employment Terminations

Date: Nov 19, 2020

Arbitrary and Capricious Standard Applied in Educational Employment Terminations Introduction The case of Eugene Lucas, etc., et al., appellants, v. Board of Education of the East Ramapo Central...

Confirmation of Eminent Domain Authority for Urban Redevelopment under EDPL 207

Date: Nov 14, 2020

Confirmation of Eminent Domain Authority for Urban Redevelopment under EDPL 207 Introduction The case of Court Street Development Project, LLC v. Utica Urban Renewal Agency (136 N.Y.S.3d 588)...

Vacating Adjudication as Second Violent Felony Offender for Class A Felonies: Insights from People v. Bell

Date: Nov 13, 2020

Vacating Adjudication as Second Violent Felony Offender for Class A Felonies: Insights from People v. Bell Introduction In the case of The People of the State of New York v. Dexter Bell (135 N.Y.S.3d...

Establishing Standing in Mortgage Foreclosure: Insights from Countrywide Home Loans Servicing, L.P. v. Vorobyov

Date: Nov 13, 2020

Establishing Standing in Mortgage Foreclosure: Insights from Countrywide Home Loans Servicing, L.P. v. Vorobyov Introduction Countrywide Home Loans Servicing, L.P. v. Mykhaylo Vorobyov, et al.,...

Cioffi v. Target Corporation: Reinforcing Employer Liability under Labor Law §240(1)

Date: Nov 13, 2020

Cioffi v. Target Corporation: Reinforcing Employer Liability under Labor Law §240(1) Introduction In the landmark case of Peter Cioffi, et al., v. Target Corporation, et al. (134 N.Y.S.3d 408),...

Diaz v. Minhas Construction: Expansion of Discovery in Employment Discrimination Cases

Date: Nov 13, 2020

Diaz v. Minhas Construction: Expansion of Discovery in Employment Discrimination Cases Introduction In Maritza Diaz v. Minhas Construction Corp., LLC, et al., adjudicated by the Supreme Court of the...

Establishing Constructive Notice in Slip-and-Fall Cases: Velocci v. Stop and Shop

Date: Nov 6, 2020

Establishing Constructive Notice in Slip-and-Fall Cases: Velocci v. Stop and Shop Introduction The case of Anthony Velocci v. Stop and Shop, et al. adjudicated by the Appellate Division of the...

Non-Cooperation with Grievance Committees Leads to Suspension: Delva v. Grievance Committee

Date: Nov 5, 2020

Non-Cooperation with Grievance Committees Leads to Suspension: Delva v. Grievance Committee Introduction The case of In the Matter of Ramses Delva presents a significant precedent in the realm of...

Strict Compliance Required for Effective Service on State Agencies Under CPLR 307(2): Nelson v. NY State DMV

Date: Nov 5, 2020

Strict Compliance Required for Effective Service on State Agencies Under CPLR 307(2): Nelson v. NY State DMV Introduction In the appellate case of Norman Nelson v. New York State Department of Motor...

Affirmation of the Drug Factory Presumption in The People v. Marvin Bombard

Date: Oct 30, 2020

Affirmation of the Drug Factory Presumption in The People v. Marvin Bombard Introduction In the case of The People of the State of New York v. Marvin Bombard (133 N.Y.S.3d 669, 2020), the Appellate...

Affirmation of Labor Law §240(1) Liability in Workplace Safety Cases

Date: Oct 29, 2020

Affirmation of Labor Law §240(1) Liability in Workplace Safety Cases Introduction The case of Wilson Lojano, et al. v. Soiefer Bros. Realty Corp., et al., adjudicated by the Supreme Court of the...

Establishing Mortgagee Rights through Policy Reformation: Imrie II v. Erie Insurance Company

Date: Oct 23, 2020

Establishing Mortgagee Rights through Policy Reformation: Imrie II v. Erie Insurance Company Introduction In the case of Daniel F. Imrie II v. Andrew R. Ratto et al., Defendants, and Erie Insurance...

Affirmation of Family Court's Application of Harassment and Stalking Laws in Protection Order Violations

Date: Oct 23, 2020

Affirmation of Family Court's Application of Harassment and Stalking Laws in Protection Order Violations Introduction The case of Wanda L. Allen v. Jerry P. Emery (133 N.Y.S.3d 662) adjudicated by...

Clarifying Res Judicata and Standing in Mortgage Foreclosure Actions: Selene Finance v. Aaron Coleman

Date: Oct 22, 2020

Clarifying Res Judicata and Standing in Mortgage Foreclosure Actions: Selene Finance v. Aaron Coleman Introduction Selene Finance, L.P. v. Aaron Coleman is a significant appellate decision by the...

Strict Liability for General Contractors in Workplace Safety: Insights from Derek Hewitt v. NY 70th Street LLC

Date: Oct 21, 2020

Strict Liability for General Contractors in Workplace Safety: Insights from Derek Hewitt v. NY 70th Street LLC Introduction The case of Derek Hewitt v. NY 70th Street LLC et al. adjudicated by the...

Ensuring Due Process and Comprehensive Equitable Distribution in Bifurcated Matrimonial Trials: A New Precedent

Date: Oct 15, 2020

Ensuring Due Process and Comprehensive Equitable Distribution in Bifurcated Matrimonial Trials: A New Precedent Introduction In the landmark case of Kim A. Kaufman v. Glenn B. Kaufman (189 A.D.3d...

Rigorous Standards for Establishing Standing and Notice in Foreclosure Actions: Insights from CV XXVIII, LLC v. Joseph Trippiedi

Date: Oct 15, 2020

Rigorous Standards for Establishing Standing and Notice in Foreclosure Actions: Insights from CV XXVIII, LLC v. Joseph Trippiedi Introduction The case of CV XXVIII, LLC v. Joseph Trippiedi addresses...