New York Case Commentaries

People v. Smith, Ingram, and McGhee: Affirming Defendants' Rights to Cross-Examine Law Enforcement Witnesses on Prior Civil Misconduct Allegations

Date: Jun 29, 2016

People v. Smith, Ingram, and McGhee: Affirming Defendants' Rights to Cross-Examine Law Enforcement Witnesses on Prior Civil Misconduct Allegations Introduction The appellate decision in People v....

Limitation of Duty of Care for Medical Consultants in Malpractice Claims: Insights from Meade v. Yland

Date: Jun 16, 2016

Limitation of Duty of Care for Medical Consultants in Malpractice Claims: Insights from Meade v. Yland Introduction The case of Kathleen Meade, et al. v. J. Marc Yland, et al. (140 A.D.3d 931, 2016),...

Kordish v. The People: Reevaluation of Sentencing Discretion in Nonviolent Drug Offenses

Date: Jun 16, 2016

Kordish v. The People: Reevaluation of Sentencing Discretion in Nonviolent Drug Offenses Introduction In the landmark case of The PEOPLE v. Robert KORDISH, decided on June 15, 2016, the Appellate...

Ensuring Comprehensive Hearings in Child Custody Determinations: A Landmark Decision in S.L. v. J.R.

Date: Jun 10, 2016

Ensuring Comprehensive Hearings in Child Custody Determinations: A Landmark Decision in S.L. v. J.R. Introduction The case of S.L., Appellant, v. J.R., Respondent (27 N.Y.3d 558) adjudicated by the...

Limitation of the Common Interest Doctrine to Litigation Contexts in New York: Ambac Assurance Corp. v. Countrywide Home Loans, Inc.

Date: Jun 10, 2016

Limitation of the Common Interest Doctrine to Litigation Contexts in New York: Ambac Assurance Corp. v. Countrywide Home Loans, Inc. Introduction The case of Ambac Assurance Corporation et al. v....

Affirmation of Workers' Compensation Board's Authority in Employer-Employee Determinations Independent of Federal Court Judgments

Date: Jun 10, 2016

Affirmation of Workers' Compensation Board's Authority in Employer-Employee Determinations Independent of Federal Court Judgments Introduction The case of In the Matter of Danny ROSA v. JUNE...

Meaningful Counsel Notice Does Not Transform Court's Failure to Respond to Jury Inquiries into Mode of Proceedings Error

Date: Jun 8, 2016

Meaningful Counsel Notice Does Not Transform Court's Failure to Respond to Jury Inquiries into Mode of Proceedings Error Introduction In The People of the State of New York v. Terrance L. Mack (27...

Legal Implications of Attorney Non-Cooperation in Grievance Proceedings: The Case of Fred Douglas Way III

Date: May 19, 2016

Legal Implications of Attorney Non-Cooperation in Grievance Proceedings: The Case of Fred Douglas Way III Introduction The legal profession mandates adherence to ethical standards to maintain public...

Affirming Corroborative Evidence and Disclosure Standards in Child Sexual Assault Cases: People v. Hagaman

Date: May 13, 2016

Affirming Corroborative Evidence and Disclosure Standards in Child Sexual Assault Cases: People v. Hagaman Introduction People v. Hagaman is a significant appellate decision from the Supreme Court,...

Affirmation of Reasonable Suspicion in Forcible Detention: People v. Morris

Date: Apr 15, 2016

Affirmation of Reasonable Suspicion in Forcible Detention: People v. Morris Introduction Case: The PEOPLE of the State of New York, Respondent, v. Brady D. Morris, Appellant. Court: Supreme Court,...

Affirmation of Evidentiary Standards in Aggravated Unlicensed Operation: Keener v. The People

Date: Apr 8, 2016

Affirmation of Evidentiary Standards in Aggravated Unlicensed Operation: Keener v. The People Introduction In The People of the State of New York v. William R. Keener (138 A.D.3d 1162), the Supreme...

Justiciability of SEQRA Positive Declarations: Ranso v. Vecchio Establishes Ripeness Standards

Date: Apr 1, 2016

Justiciability of SEQRA Positive Declarations: Ranco Sand and Stone Corp. v. Vecchio Establishes Ripeness Standards Introduction The landmark case of Ranco Sand and Stone Corp. v. Vecchio,...

Consent of Biological Father Not Required for Adoption Under DRL §111(1)(d)

Date: Apr 1, 2016

Consent of Biological Father Not Required for Adoption Under Domestic Relations Law §111(1)(d) Introduction The case of In the Matter of YSABEL M., an Infant involves the adoption proceedings...

Protecting Physician-Patient Confidentiality: Insights from Anita Chanko v. American Broadcasting Companies

Date: Apr 1, 2016

Protecting Physician-Patient Confidentiality: Insights from Anita Chanko v. American Broadcasting Companies Introduction The case of Anita Chanko, Individually and as Executor of Mark S. Chanko,...

Promissory Estoppel and Unjust Enrichment in Family Disputes: Castellotti v. Free

Date: Mar 9, 2016

Promissory Estoppel and Unjust Enrichment in Family Disputes: Castellotti v. Free Introduction The case of Peter Castellotti v. Lisa Free, adjudicated by the Supreme Court, Appellate Division, First...

Legal Commentary: Trivial Defects and Property Owner Liability in Personal Injury Cases

Date: Mar 4, 2016

Trivial Defects and Property Owner Liability in Personal Injury Cases: Analysis of Diane CHIRUMBOLO v. 78 EXCHANGE STREET, LLC Introduction The case of Diane CHIRUMBOLO, Appellant, v. 78 EXCHANGE...

Establishing the Necessity of Expert Testimony in Medical Malpractice: Insights from Novick v. South Nassau Communities Hospital

Date: Feb 25, 2016

Establishing the Necessity of Expert Testimony in Medical Malpractice: Insights from Novick v. South Nassau Communities Hospital Introduction The case of Esther Novick, et al., appellants, v. South...

Reaffirming Best Interest Standards for Custody Modifications: ANONYMOUS 2011–1 v. ANONYMOUS 2011–2

Date: Feb 25, 2016

Reaffirming Best Interest Standards for Custody Modifications: ANONYMOUS 2011–1 v. ANONYMOUS 2011–2 Introduction The case of ANONYMOUS 2011–1 v. ANONYMOUS 2011–2 (136 A.D.3d 946), adjudicated by the...

Affirmation of Admissibility of Rebuttal and CSAAS Testimony in Child Sexual Abuse Cases

Date: Feb 19, 2016

Affirmation of Admissibility of Rebuttal and CSAAS Testimony in Child Sexual Abuse Cases Introduction In the landmark case of The PEOPLE of the State of New York v. Christopher A. Nicholson (48...

Voluntariness of Confessions and Language Proficiency: Insights from People v. Jin Cheng Lin

Date: Feb 19, 2016

Voluntariness of Confessions and Language Proficiency: Insights from People v. Jin Cheng Lin Introduction People v. Jin Cheng Lin, 47 N.E.3d 718 (Court of Appeals of New York, 2016), addresses...