New York Case Commentaries

Establishing Duty of Care in Contractor Liability: Farrugia v. 1440 Broadway Associates

Date: Jul 13, 2018

Establishing Duty of Care in Contractor Liability: Farrugia v. 1440 Broadway Associates Introduction The case of Anthony Farrugia v. 1440 Broadway Associates, decided by the Appellate Division of the...

Establishing Personal Jurisdiction in Arbitration-Related Proceedings: Insights from the City of Syracuse v. Katherine Lee Case

Date: Jul 6, 2018

Establishing Personal Jurisdiction in Arbitration-Related Proceedings: Insights from the City of Syracuse v. Katherine Lee Case Introduction The legal landscape surrounding arbitration and employment...

Executive Law § 632-a and the Priority of Victim Claims: Waldman v. State of New York

Date: Jul 6, 2018

Executive Law § 632-a and the Priority of Victim Claims: Waldman v. State of New York Introduction The appellate case Peter Waldman v. State of New York (81 N.Y.S.3d 601) presents a significant...

Affirmation of Common-Law Fraud Requirements and Enforcement of Sole Remedy Clauses in Ambac v. Countrywide

Date: Jun 28, 2018

Affirmation of Common-Law Fraud Requirements and Enforcement of Sole Remedy Clauses in Ambac v. Countrywide Introduction In the landmark case of Ambac Assurance Corporation, et al., Appellants, v....

Affirmation of Robbery, Arson, and Grand Larceny Convictions in People v. Jahson Marryshow

Date: Jun 21, 2018

Affirmation of Robbery, Arson, and Grand Larceny Convictions in People v. Jahson Marryshow Introduction The case of The People of the State of New York v. Jahson Marryshow, decided on June 20, 2018,...

Harmless Error in Charging Lesser Included Offenses: Insights from People v. McIntosh

Date: Jun 16, 2018

Harmless Error in Charging Lesser Included Offenses: Insights from People v. McIntosh Introduction In the appellate case of The PEOPLE of the State of New York v. James R. McIntosh, decided on June...

Liability for Workplace Injuries and Adherence to Safety Regulations: Sochan v. Mueller

Date: Jun 16, 2018

Liability for Workplace Injuries and Adherence to Safety Regulations: Sochan v. Mueller Introduction The case of Douglas Sochan and Kimberly Sochan v. Steve Mueller and Elite Auto Repair of Auburn,...

Finality of Guilty Pleas and Limitations on Actual Innocence Claims: An Analysis of PEOPLE v. Natascha TIGER

Date: Jun 15, 2018

Finality of Guilty Pleas and Limitations on Actual Innocence Claims: An Analysis of PEOPLE v. Natascha TIGER Introduction The case of THE PEOPLE of the State of New York, Appellant, v. Natascha...

Establishing Rational Basis in Child Welfare Determinations: Natasha W. v. NYS Office of Children and Family Services

Date: Jun 15, 2018

Establishing Rational Basis in Child Welfare Determinations: Natasha W. v. NYS Office of Children and Family Services Introduction The case of Natasha W. v. New York State Office of Children and...

Establishing Standards for Summary Judgment and Comparative Negligence in Negligence Actions: Poon v. Nisano

Date: Jun 13, 2018

Establishing Standards for Summary Judgment and Comparative Negligence in Negligence Actions: Poon v. Nisano Introduction In the appellate case of Samuel Poon v. Rubin Nisano, decided on June 12,...

New Precedent: Martin Act Claims Governed by CPLR 214(2) Three-Year Statute of Limitations

Date: Jun 13, 2018

New Precedent: Martin Act Claims Governed by CPLR 214(2) Three-Year Statute of Limitations Introduction In the landmark case of The PEOPLE of the State of New York v. CREDIT SUISSE SECURITIES (USA)...

Clarifying the De Facto Merger Doctrine in Successor Liability: R & D Electronics v. NYP Management

Date: Jun 9, 2018

Clarifying the De Facto Merger Doctrine in Successor Liability: R & D Electronics v. NYP Management Introduction The case of R & D Electronics, Inc. v. NYP Management, Co., Inc. addresses pivotal...

Establishing Grounds for Child Abuse and Neglect through Corroborated Evidence: Analysis of In the Matter of Kaydence O.

Date: Jun 8, 2018

Establishing Grounds for Child Abuse and Neglect through Corroborated Evidence: Analysis of In the Matter of Kaydence O. Introduction In the Matter of Kaydence O., Alleged to be an Abused, Severely...

Establishing Statutory Agency in Construction Site Safety: Santos v. Condo 124 LLC

Date: May 30, 2018

Establishing Statutory Agency in Construction Site Safety: Santos v. Condo 124 LLC Introduction In the landmark case Franklin Santos, et al. v. Condo 124 LLC, et al., adjudicated by the Supreme...

Enhanced Accountability in Insurance Remediation: Bennett v. State Farm Fire & Casualty Company

Date: May 17, 2018

Enhanced Accountability in Insurance Remediation: Bennett v. State Farm Fire & Casualty Company Introduction In the case of Richard Bennett, et al. v. State Farm Fire and Casualty Company, et al....

Reciprocal Discipline in Cross-Jurisdictional Attorney Misconduct: Esmeralda Machado v. Attorney Grievance Committee

Date: May 11, 2018

Reciprocal Discipline in Cross-Jurisdictional Attorney Misconduct: Esmeralda Machado v. Attorney Grievance Committee Introduction The case of Esmeralda Machado v. Attorney Grievance Committee...

Affirmation of Bilingual Miranda Warnings in Ensuring Voluntary Waiver of Rights: People v. Hinojososo-Soto

Date: May 5, 2018

Affirmation of Bilingual Miranda Warnings in Ensuring Voluntary Waiver of Rights: People v. Hinojososo-Soto Introduction The case of The People of the State of New York v. Rodolfo Hinojososo-Soto (77...

Assumption of Identity Through Use of Personal Identifying Information: A Landmark Interpretation of New York's Identity Theft Statute

Date: May 4, 2018

Assumption of Identity Through Use of Personal Identifying Information: A Landmark Interpretation of New York's Identity Theft Statute Introduction The Court of Appeals of New York, in the joint...

Stability and Best Interests: Affirming Custody Decisions in O'Hara v. DeMarsh

Date: May 4, 2018

Stability and Best Interests: Affirming Custody Decisions in O'Hara v. DeMarsh Introduction In the appellate decision O'Hara v. DeMarsh (75 N.Y.S.3d 673, 2018), the Supreme Court, Appellate Division,...

Establishing Subcontractor Liability under Labor Law §240(1): Insights from Wellington v. Christa Construction LLC and Tower Roofing Company, Inc.

Date: May 4, 2018

Establishing Subcontractor Liability under Labor Law §240(1): Insights from Wellington v. Christa Construction LLC and Tower Roofing Company, Inc. Introduction The case of Daniel Wellington et al. v....