New York Case Commentaries

Clarifying Standing and Business Records Admissibility in Mortgage Foreclosure: Insights from Bank of New York Mellon v. Dushaun Gordon

Date: Mar 28, 2019

Clarifying Standing and Business Records Admissibility in Mortgage Foreclosure: Insights from Bank of New York Mellon v. Dushaun Gordon Introduction The case Bank of New York Mellon, etc.,...

Reaffirmation of Exclusive Remedy Doctrine and Clarification of Alter Ego Defense in Workers' Compensation Claims: Salinas v. 64 Jefferson Apartments, LLC

Date: Mar 28, 2019

Reaffirmation of Exclusive Remedy Doctrine and Clarification of Alter Ego Defense in Workers' Compensation Claims: Salinas v. 64 Jefferson Apartments, LLC Introduction The case of Jose Salinas v. 64...

Affirmation of Valid Appeal Waiver in Guilty Plea: People v. Craig Arscott

Date: Mar 22, 2019

Affirmation of Valid Appeal Waiver in Guilty Plea: People v. Craig Arscott Introduction In the case of The People of the State of New York v. Craig Arscott, adjudicated by the Supreme Court,...

Recording Requirements for Homeowners' Association By-law Amendments: Keller v. Kay

Date: Mar 21, 2019

Recording Requirements for Homeowners' Association By-law Amendments: Sheila Keller v. Steven Kay Introduction The case of Sheila Keller v. Steven Kay (170 A.D.3d 978) presents a pivotal examination...

Supremacy Clause Does Not Grant Presidential Immunity from State Court Defamation Actions: Summer Zervos v. Donald Trump

Date: Mar 15, 2019

Supremacy Clause Does Not Grant Presidential Immunity from State Court Defamation Actions: Summer Zervos v. Donald Trump Introduction In the landmark case of Summer Zervos v. Donald J. Trump, decided...

Clarifying Plaintiff Standing and Collateral Estoppel in Mortgage Foreclosure: Bank of New York Mellon v. Chamoula

Date: Mar 14, 2019

Clarifying Plaintiff Standing and Collateral Estoppel in Mortgage Foreclosure: Bank of New York Mellon v. Chamoula Introduction Bank of New York Mellon, etc., appellant, v. Esther Chamoula,...

Reinterpretation of 'Neglect of Duty' under NYC Charter §1109: Implications from In re Letitia James v. Carmen Fariña

Date: Mar 13, 2019

Reinterpretation of 'Neglect of Duty' under NYC Charter §1109: Implications from In re Letitia James v. Carmen Fariña Introduction The case In re Letitia James, etc., Petitioner–Respondent, v. Carmen...

Functional Equivalence Test Upholds Stairways as Sidewalks under Prior Written Notice Statutes

Date: Feb 22, 2019

Functional Equivalence Test Upholds Stairways as Sidewalks under Prior Written Notice Statutes Introduction The case of Randall M. Hinton v. Village of Pulaski (33 N.Y.3d 931) adjudicated by the...

Establishing Liability in Foster Care: Insights from Cheryl George v. Graham Windham

Date: Feb 21, 2019

Establishing Liability in Foster Care: Insights from Cheryl George v. Graham Windham Introduction In the landmark case of Cheryl George, etc., appellant, v. Graham Windham, respondent, et al.,...

Truth Defense and Opinion Protection in Defamation: Bernard Udell v. NYP Holdings

Date: Feb 21, 2019

Truth Defense and Opinion Protection in Defamation: Bernard Udell v. NYP Holdings Introduction In Bernard Udell, et al. v. NYP Holdings, Inc., et al. (169 A.D.3d 954), the Appellate Division of the...

CPLR 205(a) Applicability in RMBS Trustee Actions: A Comprehensive Analysis of U.S. Bank Nat. Assn. v. DLJ Mortgage Capital, Inc.

Date: Feb 20, 2019

CPLR 205(a) Applicability in RMBS Trustee Actions: A Comprehensive Analysis of U.S. Bank Nat. Assn. v. DLJ Mortgage Capital, Inc. Introduction The case of U.S. Bank National Association, Solely in...

MHLS Counsel Participation in Treatment Planning: Establishing New Precedent in In the Matter of Mental Hygiene Legal Service v. Sullivan

Date: Feb 15, 2019

MHLS Counsel Participation in Treatment Planning: Establishing New Precedent in In the Matter of Mental Hygiene Legal Service v. Sullivan Introduction In the landmark case of In the Matter of Mental...

Nonresident Attorney Compliance with Judiciary Law §470: Filing Actions Remains Valid

Date: Feb 15, 2019

Nonresident Attorney Compliance with Judiciary Law §470: Filing Actions Remains Valid Introduction In the case of Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P. (32 N.Y.3d 645,...

Standing in Mental Health Case: Court of Appeals Reverses MHLS Petition

Date: Feb 15, 2019

Standing in Mental Health Case: Court of Appeals Reverses MHLS Petition Introduction The case of In the Matter of Mental Hygiene Legal Service v. Daniels involves a dispute over the standing of the...

Refinement of Anders Relief Criteria in People v. Murray

Date: Feb 14, 2019

Refinement of Anders Relief Criteria in People v. Murray (169 A.D.3d 227) Introduction People v. Raymond Murray is a pivotal appellate decision rendered by the Supreme Court of the State of New York,...

Dismissal of Environmental Challenge in Greenidge Power Plant Renovation: Implications for SEQRA Litigation

Date: Feb 9, 2019

Dismissal of Environmental Challenge in Greenidge Power Plant Renovation: Implications for SEQRA Litigation Introduction The case of Sierra Club, Committee to Preserve the Finger Lakes by and in the...

Affirmation of Dismissal in Legal Malpractice Claims: Strujan v. Kaufman & Kahn, LLP

Date: Jan 31, 2019

Affirmation of Dismissal in Legal Malpractice Claims: Strujan v. Kaufman & Kahn, LLP Introduction The case of Elena Strujan v. Kaufman & Kahn, LLP et al., decided by the Supreme Court of the State of...

Affirming Parental Rights Termination under Social Services Law § 384-b: A Precedent in Permanent Neglect Cases

Date: Jan 18, 2019

Affirming Parental Rights Termination under Social Services Law § 384-b: A Precedent in Permanent Neglect Cases Introduction The case of In the Matter of JACE N., Alleged to be a Permanently...

Affirmation of Discretion in Admissibility of Prior Bad Acts and Sentencing in People v. Riis Matthew Silver

Date: Jan 18, 2019

Affirmation of Discretion in Admissibility of Prior Bad Acts and Sentencing in People v. Riis Matthew Silver Introduction Case: The People of the State of New York v. Riis Matthew Silver, also known...

Delmestro Jr. v. Marlin: Clarifying Procedures for Awarding Costs under CPLR 6514(c)

Date: Jan 17, 2019

Delmestro Jr. v. Marlin: Clarifying Procedures for Awarding Costs under CPLR 6514(c) Introduction In the landmark case of Delmestro Jr. v. Marlin, decided by the Supreme Court, Appellate Division,...