New York Case Commentaries

Reaffirming Juror Impartiality: Insights from The People v. Spencer

Date: Jun 23, 2017

Reaffirming Juror Impartiality: Insights from The People v. Spencer Introduction The People v. Darrell Spencer is a significant decision by the Court of Appeals of New York, delivered on June 22,...

Reversal of Sexual Abuse Adjudication in Matter of Lee-Ann W.: Establishing the Need for Corroborative Evidence

Date: Jun 16, 2017

Reversal of Sexual Abuse Adjudication in Matter of Lee‑Ann W.: Establishing the Need for Corroborative Evidence Introduction The case of In the Matter of LEE–ANN W. and Another, Alleged to be Abused...

Reaffirming Municipal Liability for Sidewalk Defects: Abutting Landowners Excluded Unless Specific Conditions Met

Date: Jun 10, 2017

Reaffirming Municipal Liability for Sidewalk Defects: Abutting Landowners Excluded Unless Specific Conditions Met Introduction In the landmark case of Patricia M. Clauss v. Bank of America, N.A.,...

Affirmation of Convictions and Reasonable Suspicion Standards in People v. Ronald Hough, Jr.

Date: Jun 10, 2017

Affirmation of Convictions and Reasonable Suspicion Standards in People v. Ronald Hough, Jr. Introduction Case: The People of the State of New York v. Ronald Hough, Jr. Court: Supreme Court,...

Defining Extraordinary Circumstances in Custody Cases: William O. v. Wanda A. et al.

Date: Jun 9, 2017

Defining Extraordinary Circumstances in Custody Cases: William O. v. Wanda A. et al. Introduction The appellate decision in William O. v. Wanda A. et al. (151 A.D.3d 1189, 2017) addresses the...

Court of Appeals Clarifies Personal Jurisdiction Over Foreign Businesses under CPLR 302(a)(1) in D & R Global Selections v. Bodega Olegario Falcon Pineiro

Date: Jun 9, 2017

Court of Appeals Clarifies Personal Jurisdiction Over Foreign Businesses under CPLR 302(a)(1) in D & R Global Selections v. Bodega Olegario Falcon Pineiro Introduction The case of D & R Global...

Assessment of Vagueness in Municipal Fee Ordinances: Westhampton Beach Associates v. Village of Westhampton Beach

Date: Jun 8, 2017

Assessment of Vagueness in Municipal Fee Ordinances: Westhampton Beach Associates v. Village of Westhampton Beach Introduction In the case of Westhampton Beach Associates, LLC v. Incorporated Village...

Time-Barred Determinations in CPLR Article 78 Proceedings: Insights from UtiliSave v. City of Yonkers

Date: Jun 8, 2017

Time-Barred Determinations in CPLR Article 78 Proceedings: Insights from UtiliSave v. City of Yonkers Introduction In St. John's Riverside Hospital, by and through UtiliSave, LLC v. City of Yonkers...

Proximate Cause Requirement Confirmed for Additional Insured Coverage in Burlington v. NYC Transit Authority

Date: Jun 7, 2017

Proximate Cause Requirement Confirmed for Additional Insured Coverage in Burlington Insurance Company v. NYC Transit Authority Introduction In the landmark case of The Burlington Insurance Company v....

Establishing the Clear and Convincing Evidence Standard for Terminating Parental Rights Due to Mental Illness

Date: Jun 2, 2017

Establishing the Clear and Convincing Evidence Standard for Terminating Parental Rights Due to Mental Illness Introduction The case of Clinton County Department of Social Services v. Andrew II....

Establishing Depraved Indifference Murder in Intoxicated Vehicular Conduct

Date: Jun 1, 2017

Establishing Depraved Indifference Murder in Intoxicated Vehicular Conduct Introduction In the landmark case of The PEOPLE v. Lloyd Williams (55 N.Y.S.3d 381), the Appellate Division of the Supreme...

Grave Injury Standards under Workers' Compensation Law: Insights from Sa v. Grech

Date: May 11, 2017

Grave Injury Standards under Workers' Compensation Law: Insights from Sa v. Grech Introduction The case of Sa v. Grech, decided by the Supreme Court, Appellate Division, Second Department of New York...

Affirmation of Accomplice Liability and Acting-in-Concert in Gang Assaults: PEOPLE v. Guerrero

Date: May 11, 2017

Affirmation of Accomplice Liability and Acting-in-Concert in Gang Assaults: PEOPLE v. Guerrero Introduction In the landmark case People v. Guerrero, decided on May 10, 2017, by the Supreme Court,...

Liability Shift to the Special Fund for Reopened Workers' Compensation Cases: Insights from Misquitta v. Getty Petroleum et al.

Date: May 5, 2017

Liability Shift to the Special Fund for Reopened Workers' Compensation Cases: Insights from Misquitta v. Getty Petroleum et al. Introduction The case of Maria Misquitta v. Getty Petroleum et al.,...

Establishing Standing in Mortgage Foreclosure: Central Mortgage Co. v. Susan Jahnsen

Date: May 4, 2017

Establishing Standing in Mortgage Foreclosure: Central Mortgage Co. v. Susan Jahnsen Introduction The case of Central Mortgage Company v. Susan Jahnsen addresses pivotal issues in mortgage...

Clarifying the Necessity of Compensable Damages in Fraudulent Inducement Claims: Connaughton v. Chipotle

Date: May 3, 2017

Clarifying the Necessity of Compensable Damages in Fraudulent Inducement Claims: Connaughton v. Chipotle Introduction In the landmark case of Kyle Connaughton v. Chipotle Mexican Grill, Inc., the...

Affirmation of Waiver Through Strategic Legal Decisions in Joint Trials: An Analysis of People v. Howie

Date: Apr 29, 2017

Affirmation of Waiver Through Strategic Legal Decisions in Joint Trials: An Analysis of People v. Howie Introduction People of the State of New York v. Maurice R. Howie, also known as "Quell" is a...

Ensuring Proper Grand Jury Instructions: Insights from PEOPLE v. Marina Tunit

Date: Apr 27, 2017

Ensuring Proper Grand Jury Instructions: Insights from PEOPLE v. Marina Tunit Introduction The case of PEOPLE, etc., v. Marina Tunit (53 N.Y.S.3d 649) adjudicated by the Supreme Court, Appellate...

Affirmation of Clear and Convincing Evidence Standard for Civil Confinement of Dangerous Sex Offenders

Date: Apr 14, 2017

Affirmation of Clear and Convincing Evidence Standard for Civil Confinement of Dangerous Sex Offenders Introduction The case In the Matter of JUAN U., Appellant, v. STATE of New York, Respondent (52...

Annotations in Prosecutorial Summations: Ensuring Fair Trial Standards

Date: Apr 5, 2017

Annotations in Prosecutorial Summations: Ensuring Fair Trial Standards Introduction The case of The People of the State of New York v. Leonard Williams (29 N.Y.3d 84) presented a pivotal examination...