New York Case Commentaries

Establishing Plaintiff's Standing in Mortgage Foreclosure: Standards for Proper Endorsement under UCC Article 3

Date: Jan 9, 2020

Establishing Plaintiff's Standing in Mortgage Foreclosure: Standards for Proper Endorsement under UCC Article 3 Introduction The case of U.S. Bank National Association v. Charles Moulton et al. (179...

Affirmation of Conviction and Juror Misconduct Handling in Criminal Possession of Forged Instruments: Montes v. The People of New York

Date: Dec 27, 2019

Affirmation of Conviction and Juror Misconduct Handling in Criminal Possession of Forged Instruments: Montes v. The People of New York Introduction In the appellate case The People of the State of...

Vicarious Liability, Workers' Compensation, and Summary Judgment: A Comprehensive Review of Cioffi v. S.M. Foods, Inc.

Date: Dec 25, 2019

Vicarious Liability, Workers' Compensation, and Summary Judgment: A Comprehensive Review of Cioffi v. S.M. Foods, Inc. Introduction The case of Frederick M. Cioffi, et al. v. S.M. Foods, Inc., et al....

Affirmation of Conviction in People v. Brandon Logan: Implications for Evidentiary Standards and Fair Trial Protections

Date: Dec 21, 2019

Affirmation of Conviction in People v. Brandon Logan: Implications for Evidentiary Standards and Fair Trial Protections Introduction In the case of The People of the State of New York, Respondent, v....

Affirmation of Labor Law §240(1) Liability and Enforceability of Contractual Indemnification in Commercial Leases

Date: Dec 5, 2019

Affirmation of Labor Law §240(1) Liability and Enforceability of Contractual Indemnification in Commercial Leases Introduction In the case of Rodrigo Jara v. Costco Wholesale Corp., Westbury Liquors,...

Clarifying the Enforceability of Appellate Waivers in Plea Bargains: Insights from People v. Thomas, Green, and Lang

Date: Nov 27, 2019

Clarifying the Enforceability of Appellate Waivers in Plea Bargains: Insights from People v. Thomas, Green, and Lang Introduction The Court of Appeals of New York, in the consolidated cases of People...

Balancing Reasonable Compensation in Personal Injury Claims: Cal v. Tarpley

Date: Nov 21, 2019

Balancing Reasonable Compensation in Personal Injury Claims: Cal v. Tarpley Introduction Cal v. Tarpley, et al., 176 A.D.3d 929 (Supreme Court of the State of New York Appellate Division, Second...

Establishing Liability in Third-Party Claims: Randazzo v. Consolidated Edison Company

Date: Nov 14, 2019

Establishing Liability in Third-Party Claims: Randazzo v. Consolidated Edison Company Introduction The case of Anthony Randazzo, etc., plaintiff-appellant, v. Consolidated Edison Company of New York,...

Application of Collateral Estoppel in Mortgage Foreclosure Actions: Insights from HSBC Bank USA v. Maria Carchi

Date: Nov 14, 2019

Application of Collateral Estoppel in Mortgage Foreclosure Actions: Insights from HSBC Bank USA v. Maria Carchi Introduction The case of HSBC Bank USA, N.A., etc., v. Maria Carchi, et al. (177 A.D.3d...

Reversal of Foreclosure Judgment in JPMorgan Chase v. Akanda: A New Standard for Summary Judgment in Mortgage Foreclosure Cases

Date: Nov 14, 2019

Reversal of Foreclosure Judgment in JPMorgan Chase v. Akanda: A New Standard for Summary Judgment in Mortgage Foreclosure Cases Introduction The case of JPMorgan Chase Bank, National Association, v....

Inference of Intent and Evidence Sufficiency in Nonjury Trials: Ferguson v. The People of New York

Date: Nov 9, 2019

Inference of Intent and Evidence Sufficiency in Nonjury Trials: Ferguson v. The People of New York Introduction In the case of The People of the State of New York v. Sarah Ferguson (177 A.D.3d 1247),...

Establishing Standards for Juror Disqualification and Evidentiary Sufficiency in Contraband Cases

Date: Nov 1, 2019

Establishing Standards for Juror Disqualification and Evidentiary Sufficiency in Contraband Cases Introduction In the appellate case titled The People of the State of New York v. Joshua Crider (176...

Galasso v. Signature Bank: Expanding Vicarious Liability and Clarifying Bank Negligence Standards in Escrow Account Management

Date: Oct 31, 2019

Galasso v. Signature Bank: Expanding Vicarious Liability and Clarifying Bank Negligence Standards in Escrow Account Management Introduction Galasso, Langione & Botter, LLP v. Signature Bank,...

Ensuring Jury Impartiality: The Landmark Decision in People v. Neulander

Date: Oct 23, 2019

Ensuring Jury Impartiality: The Landmark Decision in People v. Neulander Introduction People v. Neulander (34 N.Y.3d 110) is a pivotal case adjudicated by the Court of Appeals of New York on October...

Custody and Relocation: Affirming the Child's Best Interests in Parental Custody Decisions

Date: Oct 10, 2019

Custody and Relocation: Affirming the Child's Best Interests in Parental Custody Decisions Introduction The case of John Henry Eckstein, Jr. v. Carolyn Alice Young adjudicated by the Supreme Court of...

Affirmation of Robbery Conviction Reinforces Standards for Evidence Sufficiency and Counsel Effectiveness

Date: Oct 5, 2019

Affirmation of Robbery Conviction Reinforces Standards for Evidence Sufficiency and Counsel Effectiveness Introduction In the appellate case The PEOPLE of the State of New York v. Dequann Thomas,...

Affirmation of Parental Custodial Rights and the Limits of the Mootness Doctrine in Visitation Appeals

Date: Oct 5, 2019

Affirmation of Parental Custodial Rights and the Limits of the Mootness Doctrine in Visitation Appeals Introduction The case of Kiersten A. Smith v. Sherri Ballam (176 A.D.3d 1591) adjudicated by the...

Tiequan Ward v. The People: Upholding Fair Trial Standards in Witness Handling and Confessions

Date: Aug 29, 2019

Tiequan Ward v. The People: Upholding Fair Trial Standards in Witness Handling and Confessions Introduction Tiequan Ward v. The People is a landmark decision by the Supreme Court of the State of New...

Ensuring Valid Waivers of Counsel in Default Custody Orders: Dinunzio v. Zylinski

Date: Aug 23, 2019

Ensuring Valid Waivers of Counsel in Default Custody Orders: Dinunzio v. Zylinski Introduction In Dinunzio v. Zylinski, the Supreme Court of the State of New York Appellate Division, Fourth Judicial...

Enhanced Standards for Medical Malpractice Claims: Analysis of M.C. v. Huntington Hospital

Date: Aug 22, 2019

Enhanced Standards for Medical Malpractice Claims: Analysis of M.C., et al. v. Huntington Hospital, et al. Introduction The legal landscape of medical malpractice was significantly shaped by the case...