New York Case Commentaries

Reinforcing Fiduciary Responsibilities: Appellate Division Upholds Disciplinary Actions Against Kalpakis for Professional Misconduct

Date: Apr 12, 2005

Reinforcing Fiduciary Responsibilities: Appellate Division Upholds Disciplinary Actions Against Kalpakis for Professional Misconduct Introduction The case of In the Matter of James G. Kalpakis, an...

Limitation on Labor Law §240(1) Claims for Falls from Low-Height Flatbed Trucks

Date: Apr 6, 2005

Limitation on Labor Law §240(1) Claims for Falls from Low-Height Flatbed Trucks Introduction The cases of Arlene Toefter et al., as Coguardians of Eric Casey v. Long Island Rail Road and Robert V....

Timely Notification Requirements in Commercial Liability Insurance: Argo Corp. v. Greater New York Mutual Insurance Company

Date: Apr 6, 2005

Timely Notification Requirements in Commercial Liability Insurance: Argo Corp. v. Greater New York Mutual Insurance Company Introduction Argo Corporation et al., Appellants, v. Greater New York...

Enforceability of Liquidated Damages in Commercial Revolving Loan Agreements: Insights from JMD HOLDING CORP. v. CONGRESS FINANCIAL CORPoration

Date: Apr 1, 2005

Enforceability of Liquidated Damages in Commercial Revolving Loan Agreements: Insights from JMD HOLDING CORP. v. CONGRESS FINANCIAL CORPoration Introduction The case of JMD HOLDING CORP. v. CONGRESS...

Exclusion of Fraudulently Incorporated Medical Corporations from No-Fault Insurance Reimbursements: STATE FARM v. MALLELA

Date: Mar 30, 2005

Exclusion of Fraudulently Incorporated Medical Corporations from No-Fault Insurance Reimbursements: STATE FARM v. MALLELA Introduction The case of STATE FARM MUTUAL AUTOMOBILE INSURANCE Co.,...

Interpretation of "Premises" in Lease Agreements: Insights from South Road Associates v. IBM

Date: Mar 30, 2005

Interpretation of "Premises" in Lease Agreements: Insights from South Road Associates, LLC v. IBM Introduction The case of South Road Associates, LLC v. International Business Machines Corporation...

Enforceability of Unsigned Indemnification Agreements Under Workers' Compensation Law § 11

Date: Mar 30, 2005

Enforceability of Unsigned Indemnification Agreements Under Workers' Compensation Law § 11 Introduction The case of Moses Flores v. The Lower East Side Service Center, Inc. ("Flores v. LES"), decided...

Enhancing FAA Applicability in Interstate Commerce Contracts: Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp.

Date: Mar 25, 2005

Enhancing FAA Applicability in Interstate Commerce Contracts: Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp. Introduction The case of Diamond Waterproofing Systems, Inc. v. 55 Liberty...

Application of Res Judicata in Judicial Trust Accounting: Insights from Matter of the Estate of Blanche D. Hunter

Date: Mar 25, 2005

Application of Res Judicata in Judicial Trust Accounting: Insights from Matter of the Estate of Blanche D. Hunter Introduction The case of In the Matter of the Estate of Blanche D. Hunter, Deceased,...

Balancing Privacy and Public Interest under FOIL: Insights from NY Times Co. v. Fire Department

Date: Mar 25, 2005

Balancing Privacy and Public Interest under FOIL: Insights from New York Times Co. v. City of New York Fire Department Introduction The case New York Times Co. et al. v. City of New York Fire...

Affirmation of Felony Murder Conviction in PEOPLE v. SEEBER Establishes Rigorous Standards for Plea Withdrawals

Date: Feb 18, 2005

Affirmation of Felony Murder Conviction in PEOPLE v. SEEBER Establishes Rigorous Standards for Plea Withdrawals Introduction PEOPLE v. SEEBER, 4 N.Y.3d 780 (2005), is a landmark decision by the Court...

Successor Liability in Asset Purchases: Analysis of Van Nocker v. Demmerle Estate

Date: Feb 16, 2005

Successor Liability in Asset Purchases: Analysis of Van Nocker v. Demmerle Estate Introduction The case Donna Van Nocker, as Personal Representative of the Estate of Peter M. Demmerle, Deceased,...

State Responsibility and Local Control in Education: Analysis of NEW YORK CIVIL LIBERTIES UNION v. STATE of New York

Date: Feb 16, 2005

State Responsibility and Local Control in Education: Analysis of NEW YORK CIVIL LIBERTIES UNION v. STATE of New York Introduction In New York Civil Liberties Union et al. v. State of New York et al.,...

Juseinoski v. Board of Education of NYC: Standards for Default Judgment and Meritorious Defense

Date: Feb 8, 2005

Juseinoski v. Board of Education of NYC: Standards for Default Judgment and Meritorious Defense Introduction Juseinoski v. Board of Education of City of New York, 15 A.D.3d 353, is a landmark case...

Clarifying "Serious Injury" under Insurance Law § 5102(d): The Role of MRI Findings and Objective Physical Limitations in Cheryl Kearse v. New York City Transit Authority

Date: Feb 1, 2005

Clarifying "Serious Injury" under Insurance Law § 5102(d): The Role of MRI Findings and Objective Physical Limitations in Cheryl Kearse v. New York City Transit Authority Introduction In Cheryl...

Previous Next

New York Case Commentaries

Reinforcing Fiduciary Responsibilities: Appellate Division Upholds Disciplinary Actions Against Kalpakis for Professional Misconduct

Limitation on Labor Law §240(1) Claims for Falls from Low-Height Flatbed Trucks

Timely Notification Requirements in Commercial Liability Insurance: Argo Corp. v. Greater New York Mutual Insurance Company

Enforceability of Liquidated Damages in Commercial Revolving Loan Agreements: Insights from JMD HOLDING CORP. v. CONGRESS FINANCIAL CORPoration

Exclusion of Fraudulently Incorporated Medical Corporations from No-Fault Insurance Reimbursements: STATE FARM v. MALLELA

Interpretation of "Premises" in Lease Agreements: Insights from South Road Associates v. IBM

Enforceability of Unsigned Indemnification Agreements Under Workers' Compensation Law § 11

Enhancing FAA Applicability in Interstate Commerce Contracts: Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp.

Application of Res Judicata in Judicial Trust Accounting: Insights from Matter of the Estate of Blanche D. Hunter

Balancing Privacy and Public Interest under FOIL: Insights from NY Times Co. v. Fire Department

Affirmation of Felony Murder Conviction in PEOPLE v. SEEBER Establishes Rigorous Standards for Plea Withdrawals

Successor Liability in Asset Purchases: Analysis of Van Nocker v. Demmerle Estate

State Responsibility and Local Control in Education: Analysis of NEW YORK CIVIL LIBERTIES UNION v. STATE of New York

Juseinoski v. Board of Education of NYC: Standards for Default Judgment and Meritorious Defense

Clarifying "Serious Injury" under Insurance Law § 5102(d): The Role of MRI Findings and Objective Physical Limitations in Cheryl Kearse v. New York City Transit Authority

Establishing Liability and Indemnification in Workplace Safety Cases: Insights from Perri v. Johnson Enterprises

Jurisdictional Sufficiency in Criminal Contempt: Analysis of THE PEOPLE OF THE STATE OF NEW YORK v. MAURICE SYLLA

Clarifying Active Concealment Under Caveat Emptor: Insights from Jablonski v. Rapalje

Establishing the Threshold for Serious Injury Under Insurance Law §5102(d): Insights from Audley Bent v. Jackson

Defining the Threshold for "Serious Injury" under NY Insurance Law § 5102(d): Thompson v. Abbasi & NA Taxi