New York Case Commentaries

Determining Subrogation and Third-Party Liability in Insurance Claims: Insights from Castlepoint Insurance Co. v. Command Security Corp.

Date: Nov 10, 2016

Determining Subrogation and Third-Party Liability in Insurance Claims: Insights from Castlepoint Insurance Co. v. Command Security Corp. Introduction The case of Castlepoint Insurance Company, as...

Establishing Standing in Mortgage Foreclosure: Insights from CITIBANK v. Kenneth Abrams

Date: Nov 4, 2016

Establishing Standing in Mortgage Foreclosure: Insights from CITIBANK v. Kenneth Abrams Introduction The case of CITIBANK, NA, as Trustee for CD 2003–6 v. Kenneth Abrams (144 A.D.3d 1212) adjudicated...

Establishing Triable Issues in Medical Malpractice: The Pullman v. Silverman Precedent on Summary Judgment and Proximate Cause

Date: Nov 2, 2016

Establishing Triable Issues in Medical Malpractice: The Pullman v. Silverman Precedent on Summary Judgment and Proximate Cause Introduction The case of Pullman v. Silverman (28 N.Y.3d 1060) is a...

New Precedent on Champerty and Safe Harbor Provisions in Judiciary Law §489: Justinian Capital SPC v. Westlb AG

Date: Oct 28, 2016

New Precedent on Champerty and Safe Harbor Provisions in Judiciary Law §489: Justinian Capital SPC v. Westlb AG Introduction The case of Justinian Capital SPC, for and on Behalf of Blue Heron...

Affirmation of 'Of and Concerning' Standard in Defamation Claims: The Cheetah Club v. CBS News Inc.

Date: Oct 26, 2016

Affirmation of 'Of and Concerning' Standard in Defamation Claims: The Cheetah Club v. CBS News Inc. Introduction The case of Three Amigos SJL Rest., Inc., Doing Business as The Cheetah Club, et al....

Enhancing Attorney Accountability: The Kevin Michael Castro Suspension Case

Date: Oct 20, 2016

Enhancing Attorney Accountability: The Kevin Michael Castro Suspension Case Introduction The case of Kevin Michael Castro, registered under Attorney Registration No. 4372090, serves as a significant...

Clarifying the Application of Labor Law §240(1) in Construction Site Safety: Seonn Seales v. Trident Structural Corp.

Date: Sep 29, 2016

Clarifying the Application of Labor Law §240(1) in Construction Site Safety: Seonn Seales v. Trident Structural Corp. Introduction In the landmark case of Seonn Seales, et al.,...

Ambiguity in Restrictive Covenants: Defining 'Insurance' and Its Implications in Non-Compete Agreements

Date: Sep 23, 2016

Ambiguity in Restrictive Covenants: Defining 'Insurance' and Its Implications in Non-Compete Agreements Introduction The legal landscape surrounding non-compete and restrictive covenants in...

Strict Interpretation of 'Additional Insured' Clauses in CGL Policies Requires Direct Written Contracts

Date: Sep 16, 2016

Strict Interpretation of 'Additional Insured' Clauses in CGL Policies Requires Direct Written Contracts Introduction The case of GILBANE BUILDING CO./TDX CONSTRUCTION CORP. v. ST. PAUL FIRE AND...

High Evidentiary Standards for Vacatur Motions Affirmed in People v. Jon-Adrian Velazquez

Date: Sep 9, 2016

High Evidentiary Standards for Vacatur Motions Affirmed in People v. Jon-Adrian Velazquez Introduction The case of The People of the State of New York v. Jon-Adrian Velazquez (143 A.D.3d 126)...

Reinforcing Fraudulent Conveyance Standards under New York Law: Van Duzer Realty Corp. v. 878 Education, LLC

Date: Sep 9, 2016

Reinforcing Fraudulent Conveyance Standards under New York Law: Van Duzer Realty Corp. v. 878 Education, LLC Introduction Van Duzer Realty Corp. v. 878 Education, LLC is a pivotal case decided by the...

Standing in Mortgage Foreclosure Actions: Insights from Deutsche Bank National Trust Company v. Stuart Brewton

Date: Sep 1, 2016

Standing in Mortgage Foreclosure Actions: Insights from Deutsche Bank National Trust Company v. Stuart Brewton Introduction The case of Deutsche Bank National Trust Company, etc., v. Stuart Brewton,...

Affirming Standing Through Physical Possession of an Endorsed Mortgage Note: JPMorgan Chase Bank v. Weinberger

Date: Aug 25, 2016

Affirming Standing Through Physical Possession of an Endorsed Mortgage Note: JPMorgan Chase Bank v. Weinberger Introduction In the landmark case of JPMorgan Chase Bank, National Association v. Leah...

Board of Managers Established as Sole 'Owner' of Common Elements for Labor Law Liability in Jerdonek v. 41 West 72 LLC

Date: Jul 29, 2016

Board of Managers Established as Sole 'Owner' of Common Elements for Labor Law Liability in Jerdonek v. 41 West 72 LLC Introduction In the case of Orfeusz M. JERDONEK, Plaintiff–Respondent, v. 41...

Computation of Prejudgment Interest in Bifurcated Personal Injury Actions: Insights from Mahoney v. Brockbank

Date: Jul 28, 2016

Computation of Prejudgment Interest in Bifurcated Personal Injury Actions: Insights from Mahoney v. Brockbank Introduction In the case of Maryann Mahoney v. Harold A. Brockbank, decided by the...

Pro Safety Services LLC v. L & M Development Partners: Clarifying Liability Standards for Safety Consultants Under New York Labor Law

Date: Jul 28, 2016

Pro Safety Services LLC v. L & M Development Partners: Clarifying Liability Standards for Safety Consultants Under New York Labor Law Introduction In the case of Victor Marquez v. L & M Development...

Affirmation of Sexual Abuse Conviction: Time Frame Specificity in Indictments

Date: Jul 15, 2016

Affirmation of Sexual Abuse Conviction: Time Frame Specificity in Indictments Introduction The People of the State of New York v. Angel Garcia is a significant appellate decision rendered by the...

New Precedent on Duty of Care in FAA Drug Testing and Third-Party Reliance in Fraud Claims: Pasternack v. LabCorp

Date: Jul 1, 2016

New Precedent on Duty of Care in FAA Drug Testing and Third-Party Reliance in Fraud Claims: Pasternack v. LabCorp Introduction Pasternack v. Laboratory Corporation of America Holdings (LabCorp) is a...

Establishing Limits on Admissibility of Consent Orders in Medical Malpractice Litigation: Mazella v. Beals

Date: Jul 1, 2016

Establishing Limits on Admissibility of Consent Orders in Medical Malpractice Litigation: Mazella v. Beals Introduction The case of Janice Mazella, as Administratrix of the Estate of Joseph Mazella,...

Crane Co. v. Dummitt and Suttner: Establishing Manufacturer's Duty to Warn in Combined Product Use

Date: Jun 29, 2016

Crane Co. v. Dummitt and Suttner: Establishing Manufacturer's Duty to Warn in Combined Product Use Introduction The case of Doris Kay Dummitt, Indi v. dually and as Executrix of Ronald Dummitt,...