New York Case Commentaries

Establishing Duty of Care in Study-Abroad Programs: Insights from Katz v. United Synagogue of Conservative Judaism

Date: Jan 13, 2016

Establishing Duty of Care in Study-Abroad Programs: Insights from Katz v. United Synagogue of Conservative Judaism Introduction The case of Julie Katz v. The United Synagogue of Conservative Judaism,...

Enhancing Standards for Malicious Prosecution and Attorney Deceit: Insights from FACEBOOK, INC. v. DLA PIPER LLP

Date: Dec 30, 2015

Enhancing Standards for Malicious Prosecution and Attorney Deceit: Insights from FACEBOOK, INC. v. DLA PIPER LLP Introduction The case of FACEBOOK, INC., et al. v. DLA PIPER LLP (US), et al.,...

Reevaluating Predicate Felony Determinations: The People v. Mark Jurgins

Date: Dec 18, 2015

Reevaluating Predicate Felony Determinations: The People v. Mark Jurgins Introduction The People of the State of New York v. Mark Jurgins, 46 N.E.3d 1048 (2015), is a pivotal case decided by the...

Recognizing a Third-Party Duty of Care in Medical Malpractice: Davis v. South Nassau Communities Hospital

Date: Dec 17, 2015

Recognizing a Third-Party Duty of Care in Medical Malpractice: Davis v. South Nassau Communities Hospital Introduction The case of Edwin Davis et al. v. South Nassau Communities Hospital et al. (26...

Citimortgage v. Espinal: Affirming Proper Foreclosure Procedures and Mortgage Holder Standing

Date: Dec 17, 2015

Citimortgage v. Espinal: Affirming Proper Foreclosure Procedures and Mortgage Holder Standing Introduction In the landmark case of Citimortgage, Inc. v. Betty M. Espinal et al., decided on December...

Effective Assistance of Counsel and Sentencing in Child Sexual Abuse Cases: Analysis of People v. Gokey

Date: Dec 11, 2015

Effective Assistance of Counsel and Sentencing in Child Sexual Abuse Cases: Analysis of People v. Gokey Introduction People of the State of New York v. Donald J. Gokey is a significant appellate...

Maryellyn Kelly v. City of New York: Appellate Division Establishes Clarified Standards for Negligence Claims by Police Officers

Date: Dec 3, 2015

Maryellyn Kelly v. City of New York: Appellate Division Establishes Clarified Standards for Negligence Claims by Police Officers Introduction The case of Maryellyn Kelly, et al., v. City of New York,...

Affirmation of Validity in Guilty Plea Allocutions: People v. Sougou

Date: Nov 25, 2015

Affirmation of Validity in Guilty Plea Allocutions: People v. Sougou Introduction People v. Sougou, 26 N.Y.3d 1052 (2015), is a landmark decision by the Court of Appeals of New York that reaffirms...

Aleksey Podobedov v. East Coast Construction Group: Establishing the Burden of Proof in Labor Law § 240(1) Violations

Date: Nov 19, 2015

Aleksey Podobedov v. East Coast Construction Group: Establishing the Burden of Proof in Labor Law § 240(1) Violations Introduction The case of Aleksey Podobedov v. East Coast Construction Group, Inc....

Clarifying Acting in Concert and Constructive Possession Standards in Drug Sale Convictions: People v. Handy Slade

Date: Nov 14, 2015

Clarifying Acting in Concert and Constructive Possession Standards in Drug Sale Convictions: People v. Handy Slade Introduction People v. Handy Slade is a landmark decision rendered by the Supreme...

Sanctions for Frivolous Conduct in Guardianship Proceedings: Analysis of In re Elihu Kover

Date: Oct 28, 2015

Sanctions for Frivolous Conduct in Guardianship Proceedings: Analysis of In re Elihu Kover Introduction The case of In re Elihu Kover, etc. presents a pivotal judgment in New York’s appellate...

Clarifying Legal Counsel’s Duty in REMIC-Qualified Securitization: Nomura v. Cadwalader

Date: Oct 23, 2015

Clarifying Legal Counsel’s Duty in REMIC-Qualified Securitization: Nomura v. Cadwalader Introduction In Nomura Asset Capital Corporation, et al. v. Cadwalader, Wickersham & Taft LLP, 41 N.E.3d 353...

Refining the Trivial Defect Doctrine: Enhanced Scrutiny in Premises Liability Cases

Date: Oct 21, 2015

Refining the Trivial Defect Doctrine: Enhanced Scrutiny in Premises Liability Cases Introduction The Court of Appeals of New York, in a consolidated decision rendered on October 20, 2015, addressed...

El-Dehdan v. El-Dehdan: Clarifying Civil Contempt in Matrimonial Proceedings

Date: Oct 21, 2015

El-Dehdan v. El-Dehdan: Clarifying Civil Contempt in Matrimonial Proceedings Introduction The case of Jacqueline El-Dehdan v. Salim El-Dehdan (41 N.E.3d 340) adjudicated by the Court of Appeals of...

Prosecutorial Discretion in Grand Jury Justification Defense: People v. Morel

Date: Sep 23, 2015

Prosecutorial Discretion in Grand Jury Justification Defense: People v. Morel Introduction People v. Jose Morel (131 A.D.3d 855, 2015) is a significant appellate decision from the Supreme Court,...

Compliance with IME Scheduling Regulations in No-Fault Insurance: Insights from American Transit Insurance Co. v. Longevity Medical Supply, Inc.

Date: Sep 16, 2015

Compliance with IME Scheduling Regulations in No-Fault Insurance: Insights from American Transit Insurance Co. v. Longevity Medical Supply, Inc. Introduction The legal landscape surrounding no-fault...

Establishing Precedent on Labor Law §241(6) Compliance in Construction Site Injuries: Evandro CUNHA v. Crossroads II

Date: Aug 6, 2015

Establishing Precedent on Labor Law §241(6) Compliance in Construction Site Injuries: Evandro CUNHA v. Crossroads II Introduction The case Evandro CUNHA v. Crossroads II, et al., decided on August 5,...

Clarification of 'First Stabilization Rent' Criteria in Rent Overcharge Litigation

Date: Jul 30, 2015

Clarification of 'First Stabilization Rent' Criteria in Rent Overcharge Litigation Introduction The case of Miriam Velasquez v. New York State Division of Housing and Community Renewal, adjudicated...

Duty of Care to Nonparties in Maintenance Contracts: Insights from Medinas v. Milt Holdings LLC

Date: Jul 10, 2015

Duty of Care to Nonparties in Maintenance Contracts: Insights from Medinas v. Milt Holdings LLC Introduction The case of Dimas Medinas v. Milt Holdings LLC serves as a pivotal reference in...

Affirmation of Assignability of Discharged Bankruptcy Notes and Mortgage Foreclosure Standing

Date: Jul 2, 2015

Affirmation of Assignability of Discharged Bankruptcy Notes and Mortgage Foreclosure Standing Introduction The case of Deutsche Bank Trust Company Americas, etc., v. Stefanos Vitellas, et al....