New York Case Commentaries

Mandatory Joinder of Necessary Parties in CPLR Article 78 Proceedings: Farrell v. City of Kingston

Date: Dec 29, 2017

Mandatory Joinder of Necessary Parties in CPLR Article 78 Proceedings: Farrell v. City of Kingston Introduction Farrell v. City of Kingston is a pivotal appellate decision rendered by the Supreme...

Affirmation of Notice of Claim Requirement in Santostefano v. Middle Country Central School District

Date: Dec 28, 2017

Affirmation of Notice of Claim Requirement in Santostefano v. Middle Country Central School District Introduction The case Guy Santostefano v. Middle Country Central School District (156 A.D.3d 926)...

Affirming Strict Requirements for Vacating Defaults in Summary Judgment Proceedings: Kim v. Bishop

Date: Dec 21, 2017

Affirming Strict Requirements for Vacating Defaults in Summary Judgment Proceedings: Kim v. Bishop Introduction In the landmark case Ki Tae Kim v. Cadeem Julia Bishop, et al. (67 N.Y.S.3d 655),...

Clarification of Labor Law § 240(1) in Roofing Accidents: PITA v. Roosevelt Union Free School District

Date: Dec 21, 2017

Clarification of Labor Law § 240(1) in Roofing Accidents: PITA v. Roosevelt Union Free School District Introduction The case of Joseph L. PITA v. Roosevelt Union Free School District et al. (68...

U.S. Bank National Association v. Brody: Reinforcing the Requirement of Proven Standing in Mortgage Foreclosures

Date: Dec 21, 2017

U.S. Bank National Association v. Brody: Reinforcing the Requirement of Proven Standing in Mortgage Foreclosures Introduction The case of U.S. Bank National Association, as trustee for Citigroup...

Expansion of Labor Law §240(1) Protections in Hoyos v. NY–1095 Avenue of the Americas, LLC

Date: Dec 15, 2017

Expansion of Labor Law §240(1) Protections in Hoyos v. NY–1095 Avenue of the Americas, LLC Introduction In the landmark case William Fabian Hoyos, Plaintiff–Respondent, v. NY–1095 Avenue of the...

Comprehensive Commentary on Friends of P.S. 163, Inc. v. Jewish Home Lifecare

Date: Dec 13, 2017

Affirmation of SEQRA Compliance: Insights from Friends of P.S. 163, Inc. v. Jewish Home Lifecare Introduction The case of Friends of P.S. 163, Inc. v. Jewish Home Lifecare, adjudicated by the Court...

Sole Remedy Provision Limits General Contract Damages: Nomura v. Nomura Credit & Capital

Date: Dec 13, 2017

Sole Remedy Provision Limits General Contract Damages: Nomura v. Nomura Credit & Capital Introduction The case of Nomura Home Equity Loan, Inc., Series 2007-3, By HSBC Bank USA, National Association...

Enhanced Standing Standards for Municipal Entities in Site Plan Challenges: An Analysis of Board of Fire Commissioners of Fairview Fire District v. Town of Poughkeepsie Planning Board

Date: Dec 7, 2017

Enhanced Standing Standards for Municipal Entities in Site Plan Challenges: An Analysis of Board of Fire Commissioners of Fairview Fire District v. Town of Poughkeepsie Planning Board Introduction...

Conflict of Interest in Legal Representation: Defining Effective Assistance of Counsel in People v. Peters

Date: Dec 6, 2017

Conflict of Interest in Legal Representation: Defining Effective Assistance of Counsel in People v. Peters Introduction In the landmark case of The People of the State of New York v. Dominique...

Permanent Neglect and Diligent Efforts: Analysis of Tompkins County Dept. of Social Services v. Jeffrey K.

Date: Dec 1, 2017

Permanent Neglect and Diligent Efforts: Analysis of Tompkins County Dept. of Social Services v. Jeffrey K. Introduction The case of Tompkins County Department of Social Services v. Jeffrey K. (155...

Indemnification and Labor Law in Construction Accidents: Analysis of Prevost v. One City Block LLC

Date: Nov 29, 2017

Indemnification and Labor Law in Construction Accidents: Analysis of Prevost v. One City Block LLC Introduction The case Ronald Prevost, et al., Plaintiffs–Respondents, v. One City Block LLC,...

Affirming Jury Discretion in Damage Awards: Insights from Quijano v. American Transit Insurance Co.

Date: Nov 23, 2017

Affirming Jury Discretion in Damage Awards: Insights from Quijano v. American Transit Insurance Co. Introduction In the case of Juan Quijano v. American Transit Insurance Company, along with First...

Affirmation of Absolute Immunity in Correctional Disciplinary Actions: Diaz v. State of New York

Date: Nov 17, 2017

Affirmation of Absolute Immunity in Correctional Disciplinary Actions: Diaz v. State of New York Introduction In Frederick Diaz v. State of New York, the Appellate Division of the Supreme Court,...

Clarification of Labor Law §240(1) Liability in Elevation-Related Hazards

Date: Nov 16, 2017

Clarification of Labor Law §240(1) Liability in Elevation-Related Hazards Introduction The case of Aram Kandatyan v. 400 Fifth Realty, LLC, et al. (155 A.D.3d 848) adjudicated by the Supreme Court,...

Ye v. GORBATOV: Establishing Standards for Dismissal of Legal Malpractice Claims

Date: Nov 16, 2017

Ye v. GORBATOV: Establishing Standards for Dismissal of Legal Malpractice Claims Introduction The case of Yevgeny Gorbatov versus attorneys Gary Tsirelman and Leon Kucherovsky, along with their...

Enhanced Standards for Legal Malpractice Claims in New York: Insights from Mid-Hudson Valley Federal Credit Union v. Quartararo & Lois, PLLC

Date: Nov 10, 2017

Enhanced Standards for Legal Malpractice Claims in New York: Insights from Mid-Hudson Valley Federal Credit Union v. Quartararo & Lois, PLLC Introduction In the landmark case Mid-Hudson Valley...

Narrow Interpretation of "Public Assistance Benefits" under Penal Law § 158.10: People v. Erica Davis

Date: Nov 10, 2017

Narrow Interpretation of "Public Assistance Benefits" under Penal Law § 158.10: People v. Erica Davis Introduction In the case of The People of the State of New York v. Erica Davis, decided on...

Reaffirmation of the Plain View Doctrine and Probable Cause in Animal Fighting Cases: People v. Richardson

Date: Nov 10, 2017

Reaffirmation of the Plain View Doctrine and Probable Cause in Animal Fighting Cases: People v. Richardson Introduction In the landmark case of The People of the State of New York v. Shanon...

Enforceability of Agreements Based on Past Consideration: Insights from KORFF v. CORBETT

Date: Nov 3, 2017

Enforceability of Agreements Based on Past Consideration: Insights from KORFF v. CORBETT Introduction The landmark case, Joseph Korff, Plaintiff–Appellant–Respondent, v. Richard A. Corbett, et al.,...