Nondelegable Safety Duties and Indemnification under Labor Law § 241(6): Analysis of Krzysztof Golec v. Dock Street Construction, LLC Introduction The case of Krzysztof Golec, et al. v. Dock Street...
Affirmation of Sufficiency of Evidence and Procedural Integrity in Criminal Conviction: People v. Dontae Degree Introduction The case of The People of the State of New York v. Dontae Degree (128...
Establishing Liability of Insurance Brokers: Standards for Breach of Contract, Negligence, and Fraud – De v. ir Da Silva Introduction De v. ir Da Silva (186 A.D.3d 452) is a landmark case adjudicated...
Affirmation of CPLR 3211(a)(7) Motion: Strengthening Standards for Dismissing Failure to State a Cause of Action Introduction In the case of M & E 73-75, LLC v. 57 Fusion LLC, 189 A.D.3d 1 (2020),...
Reinstatement of Karen Rachel Thompson Shema: A New Precedent in Attorney Disciplinary Proceedings Introduction The case of Karen Rachel Thompson Shema marks a significant development in the...
Default Judgment Protocols in Mortgage Foreclosure: Insights from Deutsche Bank National Trust Company v. Lynden Hall (185 A.D.3d 1006) Introduction The case of Deutsche Bank National Trust Company,...
Affirmation of Summary Judgment in Rear-End Collision Liability: Ratandeo Sooklall v. Morissea Introduction The case of Ratandeo Sooklall, et al. v. L. Morissea is a significant appellate decision...
Strengthening the Presumption of Proper Service: Insights from Nationstar Mortgage, LLC v. Avi Cohen Disclaimer: This commentary is intended for informational purposes only and does not constitute...
Res Judicata Limitations in No-Fault Insurance Claims: Rojas v. Romanoff Introduction Angel Rojas v. Richard Romanoff, et al. is a pivotal case adjudicated by the Supreme Court, Appellate Division...
Affirmation of Burglary Conviction Reinforces Standards for Evidence Suppression Introduction In the case of The People of the State of New York v. Richard Faulk (185 A.D.3d 953, 2020), the Supreme...
Limits of Premises Liability: Independent Contractor Status in Common Areas Introduction In the case of Donna Athenas v. Simon Property Group, LP, et al., the Supreme Court of the State of New York...
Affirmation of CPLR 3211(a)(1) and (7) Dismissal Standards in Bona v. GEICO Introduction In Bona v. Government Employees Insurance Company (GEICO), 185 A.D.3d 892 (App. Div. 2nd Dept. 2020), the...
Validating Miranda Waivers and Judicial Sentencing Discretion in People v. Fuentes Introduction People v. Fuentes, decided by the Supreme Court of the State of New York, Appellate Division, Second...
Enhanced Standards for Preliminary Injunctions in Property Disputes: Cangemi v. Yeager & Nichols Introduction In the landmark case of Theresa Cangemi, Individually and as Trustee of the Theresa...
Clarifying Evidentiary Standards: Sufficiency and Weight of Evidence in Criminal Appeals Introduction People of the State of New York v. Franklin Rudge, 185 A.D.3d 1214 (Appellate Division, Supreme...
Reaffirming Probable Cause Standards in Controlled Substance Cases: The People v. Mack McMillan Introduction The People of the State of New York v. Mack McMillan, 185 A.D.3d 1208 (2020), is a...
Establishing Criminal Possession Through Circumstantial Evidence: People v. Hilton Introduction The case of The People of the State of New York v. Xavier Hilton (185 A.D.3d 1147) presents a...
Reinstatement and Waiver Precedent Established in Matter of Paula Alejandra Menar Introduction The case of In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Paula Alejandra Menar,...
Affirming the Attorney General's Authority under the Martin Act in Virtual Currency Fraud Investigations Introduction The case of In re Letitia James, etc., Petitioner-Respondent, v. iFinex Inc., et...
Affirmation of Notice and Assumption of Risk Standards in Slip-and-Fall Litigation: Asprou v. Hellenic Orthodox Community Introduction The case of Paris Asprou v. Hellenic Orthodox Community of...