New York Case Commentaries

Affirmation of Controlled Substance Conviction and Upholding Chain of Custody Standards

Date: Oct 27, 2017

Affirmation of Controlled Substance Conviction and Upholding Chain of Custody Standards Introduction The case of The PEOPLE of the State of New York v. Jean C. Arce–Santiago (63 N.Y.S.3d 140)...

Establishing Standards for Summary Judgment in Medical Malpractice: Tsittrin v. New York Community Hospital

Date: Oct 26, 2017

Establishing Standards for Summary Judgment in Medical Malpractice: Tsittrin v. New York Community Hospital Introduction The case of Simkha Tsittrin v. New York Community Hospital, et al., decided by...

Informed Consent in Sports: Thomas v. Farrago Establishes New Legal Standards

Date: Oct 19, 2017

Informed Consent in Sports: Thomas v. Farrago Establishes New Legal Standards Introduction In the landmark case Thomas v. Farrago, the Supreme Court of the Appellate Division, Second Department of...

Affirmation of Plaintiff's Standing and Compliance with RPAPL 1304 in Foreclosure Actions: Analysis of HSBC Bank USA v. Hasan Ozcan

Date: Oct 19, 2017

Affirmation of Plaintiff's Standing and Compliance with RPAPL 1304 in Foreclosure Actions: Analysis of HSBC Bank USA v. Hasan Ozcan Introduction In the landmark case HSBC Bank USA, National...

Reaffirming Employer Liability under Labor Law §200: Insights from Honeyman v. Curiosity Works, Inc.

Date: Oct 19, 2017

Reaffirming Employer Liability under Labor Law §200: Insights from Honeyman v. Curiosity Works, Inc. Introduction The case of Francis R. Honeyman, et al. v. Curiosity Works, Inc., et al. adjudicated...

Establishing FOIL Exemptions for Audit Procedures in Special Education Programs

Date: Oct 18, 2017

Establishing FOIL Exemptions for Audit Procedures in Special Education Programs Introduction The case of In the Matter of Pamela A. Madeiros v. New York State Education Department et al. (30 N.Y.3d...

Individual Liability of Corporate Officers in Conversion and Fraud: North Shore Architectural Stone, Inc. v. American Artisan Construction, Inc.

Date: Sep 28, 2017

Individual Liability of Corporate Officers in Conversion and Fraud: North Shore Architectural Stone, Inc. v. American Artisan Construction, Inc. Introduction In the case of North Shore Architectural...

Balancing Burden of Proof and Abandonment Doctrine in Evidence Suppression: People v. White Analysis

Date: Sep 21, 2017

Balancing Burden of Proof and Abandonment Doctrine in Evidence Suppression: People v. White Analysis Introduction People v. Oscar White is a seminal case adjudicated by the Supreme Court, Appellate...

Fraud as a Duplicative Cause of Action in Contractual Disputes: Insights from Cronos Group Ltd v. XComIP, LLC

Date: Sep 20, 2017

Fraud as a Duplicative Cause of Action in Contractual Disputes: Insights from Cronos Group Ltd v. XComIP, LLC Introduction The case of Cronos Group Limited v. XComIP, LLC (156 A.D.3d 54) adjudicated...

Clarifying Geographic Jurisdiction in Drug Trafficking Cases: Insights from People v. Guzman

Date: Sep 14, 2017

Clarifying Geographic Jurisdiction in Drug Trafficking Cases: Insights from People v. Guzman Introduction People v. Guzman, 61 N.Y.S.3d 573 (2017), is a pivotal case adjudicated by the Supreme Court,...

Affirming the Legality of Assisted Suicide Prohibitions: Comprehensive Analysis of Myers et al. v. Schneiderman (2017)

Date: Sep 8, 2017

Affirming the Legality of Assisted Suicide Prohibitions: Comprehensive Analysis of Myers et al. v. Schneiderman (2017) Introduction The case of Sara Myers et al. v. Eric Schneiderman (2017) brought...

The Laurel Group, Inc. v. Zaino: Establishing the Primacy of Specific Industrial Code Provisions under Labor Law § 241(6)

Date: Aug 17, 2017

The Laurel Group, Inc. v. Zaino: Establishing the Primacy of Specific Industrial Code Provisions under Labor Law § 241(6) Introduction In the case of Giuseppe Zaino v. James N. Rogers et al., The...

Affirmation of Work-Related Accident in Workers' Compensation: Silvestri v. New York City Transit Authority

Date: Aug 11, 2017

Affirmation of Work-Related Accident in Workers' Compensation: Silvestri v. New York City Transit Authority Introduction In the appellate case Silvestri v. New York City Transit Authority, the...

Negligent Design of Service Ramps: Upholding Comprehensive Industry Standards

Date: Aug 9, 2017

Negligent Design of Service Ramps: Upholding Comprehensive Industry Standards Introduction In the appellate case of Mark Schmidt v. One New York Plaza Co. LLC, adjudicated by the Supreme Court,...

Failure to Order Mammogram in Presence of Nipple Discharge: Neyman v. Doshi Diagnostic Imaging Services – A Comprehensive Legal Commentary

Date: Aug 3, 2017

Failure to Order Mammogram in Presence of Nipple Discharge: Neyman v. Doshi Diagnostic Imaging Services – A Comprehensive Legal Commentary Introduction The case of Michael Neyman, as administrator of...

Duty of Care in Public Roadways: Abbott v. Johnson et al. Establishes Expanded Liability for Construction Entities

Date: Jul 27, 2017

Duty of Care in Public Roadways: Abbott v. Johnson et al. Establishes Expanded Liability for Construction Entities Introduction Abbott v. Johnson et al. is a landmark case adjudicated by the Supreme...

Affirmation of Third-Party Beneficiary Claims in Breach of Contract while Dismissing Professional Malpractice Allegations: Board of Managers of 100 Congress Condominium v. Kline Engineering, P.C.

Date: Jul 6, 2017

Affirmation of Third-Party Beneficiary Claims in Breach of Contract while Dismissing Professional Malpractice Allegations Introduction The case of Board of Managers of 100 Congress Condominium v. SDS...

Sager v. Dually: Defining Personal Jurisdiction and Liability in Civil Rights Conspiracy Claims

Date: Jul 1, 2017

Sager v. Dually: Defining Personal Jurisdiction and Liability in Civil Rights Conspiracy Claims Introduction The case of William C. Sager, Sr., Individually, and as Administrator of the Estate of...

Admissibility and Weight of Partially Inaudible Audio Recordings in Controlled Substance Cases: The People v. Tyrone L. Johnson

Date: Jun 30, 2017

Admissibility and Weight of Partially Inaudible Audio Recordings in Controlled Substance Cases: The People v. Tyrone L. Johnson Introduction In The People of the State of New York v. Tyrone L....

Enforcement of Oral Promises Under the Statute of Frauds: Insights from In the Matter of the Estate of Edmund Felix Hennel

Date: Jun 30, 2017

Enforcement of Oral Promises Under the Statute of Frauds: Insights from In the Matter of the Estate of Edmund Felix Hennel Introduction The case of In the Matter of the Estate of Edmund Felix Hennel...