New York Case Commentaries

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...

Reinforcing Standards for Effective Assistance of Counsel in Guilty Plea Contexts: PEOPLE v. CONWAY

Date: Apr 1, 2017

Reinforcing Standards for Effective Assistance of Counsel in Guilty Plea Contexts: PEOPLE v. CONWAY Introduction PEOPLE v. CONWAY (50 N.Y.S.3d 739) is a pivotal case adjudicated by the Supreme Court...

Clarifying Risk Factor 7 Assessment under SORA: People v. Cook

Date: Mar 31, 2017

Clarifying Risk Factor 7 Assessment under SORA: People v. Cook Introduction In The PEOPLE of the State of New York v. William Cook, 29 N.Y.3d 121 (2017), the Court of Appeals of New York addressed...

Landlord's Right to Deregulate Rented Units through Substantial Renovations: An In-Depth Analysis of Dixon v. 105 West 75th Street LLC

Date: Mar 31, 2017

Landlord's Right to Deregulate Rented Units through Substantial Renovations: An In-Depth Analysis of Dixon v. 105 West 75th Street LLC Introduction The case of Benjamin Dixon, Plaintiff-Appellant, v....

Adequacy of Safety Devices under Labor Law § 240(1): O'Brien v. Port Authority of NY & NJ

Date: Mar 31, 2017

Adequacy of Safety Devices under Labor Law § 240(1): O'Brien v. Port Authority of NY & NJ Introduction In the case of Thomas J. O'Brien, Jr. v. Port Authority of New York and New Jersey (29 N.Y.3d...

Collateral Estoppel and Additional Insured Obligations in Insurance Defense

Date: Mar 30, 2017

Collateral Estoppel and Additional Insured Obligations in Insurance Defense Introduction In the landmark case 77 Water Street, Inc., et al. v. JTC Painting & Decorating Corp., et al. (148 A.D.3d...

Limitations on Molineux Evidence: Insights from People v. Leonard (2017)

Date: Mar 29, 2017

Limitations on Molineux Evidence: Insights from People v. Leonard (2017) Introduction People v. Richard M. Leonard is a pivotal 2017 decision by the Court of Appeals of New York that addresses the...

Enhancement of Compensation Standards for Pain and Suffering in Personal Injury Cases

Date: Mar 23, 2017

Enhancement of Compensation Standards for Pain and Suffering in Personal Injury Cases Introduction The case of Marshall Starkman v. City of Long Beach (148 A.D.3d 1070) adjudicated by the Supreme...

Limitations on Additional Insured Coverage in Chappaqua Central School District v. Philadelphia Indemnity Insurance Co.

Date: Mar 23, 2017

Limitations on Additional Insured Coverage in Chappaqua Central School District v. Philadelphia Indemnity Insurance Co. Introduction The case of Chappaqua Central School District, et al., v....

Establishing Standing in Mortgage Foreclosure: Insights from HSBC Bank USA v. Corazzini

Date: Mar 10, 2017

Establishing Standing in Mortgage Foreclosure: Insights from HSBC Bank USA v. Corazzini Introduction The case of HSBC Bank USA, National Association, as Trustee Under the Pooling and Servicing...

Securities Administrator's Standing in RMBS Putback Actions: An Analysis of Natixis Real Estate Capital Trust v. Natixis Real Estate Holdings

Date: Mar 10, 2017

Securities Administrator's Standing in RMBS Putback Actions: An Analysis of Natixis Real Estate Capital Trust v. Natixis Real Estate Holdings Introduction The case of Natixis Real Estate Capital...

Establishing Triable Issues in Premises Liability: De Paris v. Women's National Republican Club

Date: Mar 3, 2017

Establishing Triable Issues in Premises Liability: De Paris v. Women's National Republican Club Introduction The case of Comtesse Suzanne De Paris v. Women’s National Republican Club, Inc., decided...

Strict Standards Reinforced for Disability Benefits Under Retirement and Social Security Law § 507–c in Miner v. Hernandez

Date: Mar 2, 2017

Strict Standards Reinforced for Disability Benefits Under Retirement and Social Security Law § 507–c in Miner v. Hernandez Introduction The case Miner v. Hernandez, decided on March 1, 2017, by the...

Capital One Equipment Finance Corp. v. Transit Funding Associates, LLC: Upholding Lender Discretion in Loan Agreements

Date: Mar 1, 2017

Capital One Equipment Finance Corp. v. Transit Funding Associates, LLC: Upholding Lender Discretion in Loan Agreements Introduction The case of Transit Funding Associates, LLC (TFA) v. Capital One...

Statute of Limitations and Continuous Wrong Doctrine in Fraudulent Enrollment: Henry v. Bank of America

Date: Feb 24, 2017

Statute of Limitations and Continuous Wrong Doctrine in Fraudulent Enrollment: Henry v. Bank of America Introduction In Jonathan M. Henry v. Bank of America et al. (147 A.D.3d 599, Supreme Court,...

Strict Adherence to Authenticity in Secondary Evidence of Guaranties: A Commentary on 76–82 ST. MARKS, LLC v. Cindy Gluck

Date: Feb 23, 2017

Strict Adherence to Authenticity in Secondary Evidence of Guaranties: A Commentary on 76–82 ST. MARKS, LLC v. Cindy Gluck Introduction The legal landscape governing the admissibility of guaranty...

Contractual Obligations in Construction Projects: Insights from Lakhi General Contractor, Inc. v. NYCSCA

Date: Feb 16, 2017

Contractual Obligations in Construction Projects: Insights from Lakhi General Contractor, Inc. v. NYCSCA Introduction The case of Lakhi General Contractor, Inc., appellant, v. New York City School...

Affirmation of Guilty Plea Despite Co-Defendant's Acquittal: People v. Ke

Date: Feb 15, 2017

Affirmation of Guilty Plea Despite Co-Defendant's Acquittal: People v. Ke Introduction People v. Ke (28 N.Y.3d 717) is a pivotal judgment delivered by the Court of Appeals of New York on February 14,...

Affirmation of Criminal Conviction: Marital Communications Privilege and Miranda Waiver in People v. Karlsen

Date: Feb 11, 2017

Affirmation of Criminal Conviction: Marital Communications Privilege and Miranda Waiver in People v. Karlsen Introduction Case: The PEOPLE of the State of New York, Respondent, v. Karl KARLSEN,...

Substantial Rehabilitation Exemption and Judicial Discretion in Rent Stabilization: Insights from 885 Park Avenue Brooklyn, LLC v. Goddard

Date: Feb 11, 2017

Substantial Rehabilitation Exemption and Judicial Discretion in Rent Stabilization: Insights from 885 Park Avenue Brooklyn, LLC v. Goddard Introduction The case of 885 Park Avenue Brooklyn, LLC v....