New York Case Commentaries

Defining 'Lender' and Licensing Exemptions under Banking Law: Insights from Carmike Holding I, LLC v. Smith

Date: Feb 14, 2020

Defining 'Lender' and Licensing Exemptions under Banking Law: Insights from Carmike Holding I, LLC v. Smith Introduction In the landmark decision of Carmike Holding I, LLC v. David R. Smith (180...

Affirmation of Commitment Under Mental Hygiene Law Article 10: State v. Daniel J.

Date: Feb 8, 2020

Affirmation of Commitment Under Mental Hygiene Law Article 10: State v. Daniel J. Introduction In the case of State of New York v. Daniel J. (Appellate Division, Fourth Judicial Department, 180...

Concurrent Sentencing for Murder and Weapon Possession: New Precedent in People v. McClinton

Date: Feb 6, 2020

Concurrent Sentencing for Murder and Weapon Possession: New Precedent in People v. McClinton Introduction People of the State of New York v. Kevin McClinton, 180 A.D.3d 712 (Appellate Division,...

Reinforcing Nondelegable Duties of Property Owners under Labor Law §240(1): Von Hegel v. Brixmor Sunshine Square

Date: Feb 6, 2020

Reinforcing Nondelegable Duties of Property Owners under Labor Law §240(1): Von Hegel v. Brixmor Sunshine Square Introduction The case of William Von Hegel, et al., v. Brixmor Sunshine Square, LLC,...

Conflicting Expert Testimony in Medical Malpractice: Appellate Division Denies Summary Judgment

Date: Feb 6, 2020

Conflicting Expert Testimony in Medical Malpractice: Appellate Division Denies Summary Judgment Introduction In the landmark case of Dustan Meht v. n, etc., the Supreme Court of the State of New York...

Enhanced Sentencing in Controlled Substance Cases: Ensuring Due Process

Date: Jan 31, 2020

Enhanced Sentencing in Controlled Substance Cases: Ensuring Due Process Introduction In The People of the State of New York v. Stephen R. Blanford (179 A.D.3d 1388, Appellate Division of the Supreme...

Affirmation of Valid Waiver of Appeal and Evaluation of Preindictment Delay: People v. Acevedo III

Date: Jan 31, 2020

Affirmation of Valid Waiver of Appeal and Evaluation of Preindictment Delay: People v. Efrain Acevedo III Introduction In the case of The People of the State of New York v. Efrain Acevedo III (179...

Affirmation of Summary Judgment in Employment Discrimination and Retaliation Case: Reichman v. City of New York

Date: Jan 30, 2020

Affirmation of Summary Judgment in Employment Discrimination and Retaliation Case: Reichman v. City of New York Introduction In the case of James Reichman v. City of New York (179 A.D.3d 1115), the...

Renewal of Summary Judgment Motions: Strictures on Procedural Compliance and Evidence Admissibility

Date: Jan 30, 2020

Renewal of Summary Judgment Motions: Strictures on Procedural Compliance and Evidence Admissibility Introduction The appellate case of Deutsche Bank National Trust Company v. Moustafa Elshiekh et...

Enhancing Lender Compliance in Mortgage Foreclosure: Insights from US Bank National Association v. Bochicchio

Date: Jan 30, 2020

Enhancing Lender Compliance in Mortgage Foreclosure: Insights from US Bank National Association v. Bochicchio Introduction The case of US Bank National Association, etc., v. Robert P. Bochicchio,...

Affirmation of Partial Verdicts and Double Jeopardy in Sexual Abuse Cases: People v. Ali R. Tebout

Date: Jan 30, 2020

Affirmation of Partial Verdicts and Double Jeopardy in Sexual Abuse Cases: People v. Ali R. Tebout Introduction In the case of The People of the State of New York v. Ali R. Tebout, the Supreme Court...

Affirmation of Foreclosure Judgment: Personal Jurisdiction and Service of Process Standards Set in Deutsche Bank v. Ana Benitez

Date: Jan 23, 2020

Affirmation of Foreclosure Judgment: Personal Jurisdiction and Service of Process Standards Set in Deutsche Bank v. Ana Benitez Introduction In Deutsche Bank National Trust Company v. Ana Benitez et...

Kassover and Grandell Rehabilitation Dismissed in Medical Malpractice Case

Date: Jan 23, 2020

Kassover and Grandell Rehabilitation Dismissed in Medical Malpractice Case Introduction The case of Jay Schwartz, etc., v. Henry S. Partridge, etc., et al., defendants, Brian Kassover (179 A.D.3d...

Vicarious Liability of Hospitals for Independent Contracting Physicians: Insights from Fuessel v. Chin et al.

Date: Jan 23, 2020

Vicarious Liability of Hospitals for Independent Contracting Physicians: Insights from Fuessel v. Chin et al. Introduction In the landmark case of William Fuessel v. Jerry Chin et al., Good Samaritan...

Affirmation of Constructive Possession and Felony Offender Status in Sloley v. People

Date: Jan 17, 2020

Affirmation of Constructive Possession and Felony Offender Status in Sloley v. People Introduction In the landmark case The People of the State of New York v. Maxmillian Sloley (179 A.D.3d 1308),...

Affirmation of Burglary and Assault Convictions in Delbrey v. The People

Date: Jan 17, 2020

Affirmation of Burglary and Assault Convictions in Delbrey v. The People Introduction In the case of The People of the State of New York v. Eduardo J. Delbrey, adjudicated by the Appellate Division...

Subcontractors as Statutory Agents under NY Labor Law §240(1): Implications for Indemnification in Construction Contracts

Date: Jan 17, 2020

Subcontractors as Statutory Agents under NY Labor Law §240(1): Implications for Indemnification in Construction Contracts Introduction The case of Edward Higgins v. TST 375 Hudson, L.L.C., et al....

The People of the State of New York v. Santana: Affirmation of Effective Assistance of Counsel Standards

Date: Jan 17, 2020

The People of the State of New York v. Santana: Affirmation of Effective Assistance of Counsel Standards Introduction In the case The People of the State of New York v. David J. Santana, reported at...

Establishing Standards for Summary Judgment in Medical Malpractice: Analysis of Paul Yuri Samer v. Saili Desai et al.

Date: Jan 16, 2020

Establishing Standards for Summary Judgment in Medical Malpractice: Analysis of Paul Yuri Samer v. Saili Desai et al. Introduction The case of Paul Yuri Samer v. Saili Desai, et al. (179 A.D.3d 860)...

Physician's Duty to Advise on High-Risk Home Births: Romanelli v. Jones et al.

Date: Jan 16, 2020

Physician's Duty to Advise on High-Risk Home Births: Romanelli v. Jones et al. Introduction Romanelli v. Jones et al., 179 A.D.3d 851 (2020), presents a pivotal case in New York law concerning...