Absolute and Qualified Privileges in Attorney-Client Termination Communications: Frechtman v. Gutterman Introduction The case of A. Bernard Frechtman v. Allen Gutterman et al. (979 N.Y.S.2d 58)...
Recognition of Freestanding Actual Innocence Claims in New York Under CPL 440.10(1)(h) Introduction The case of The People v. Derrick Hamilton (979 N.Y.S.2d 97), adjudicated by the Supreme Court,...
Kershaw v. Hospital for Special Surgery: Establishing Strict Timeliness for Summary Judgment Motions Introduction Kershaw v. Hospital for Special Surgery (HSS), et al. is a pivotal case decided by...
Defining Civil Contempt Standards in Matrimonial Litigation: Insights from EL–DEHDAN v. EL–DEHDAN Introduction In the landmark case of Jacqueline EL–DEHDAN v. Salim EL–DEHDAN, adjudicated by the...
Reaffirming Prima Facie Burden for No-Fault Insurance Claims: Viviane Etienne Medical Care, P.C. v. Country–Wide Insurance Co. Introduction The case of Viviane Etienne Medical Care, P.C. as assignee...
Composite Documentation Satisfies Statute of Frauds in Public Auction Sales Introduction The case of William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Albert Rabizadeh (982 N.Y.S.2d 813)...
Affirmative Waiver of Constitutional Rights in Guilty Pleas: Insights from People v. Ca Introduction People of the State of New York v. Cavell Craig Tyrell is a pivotal case adjudicated by the Court...
Confinement in SIST Under Mental Hygiene Law: A New Precedent Introduction The case of State of New York v. Nelson D. (2013 N.Y. Slip Op. 7827) represents a significant development in the...
No Private Right of Action Under the Exempt Income Protection Act: Insights from Cruz v. TD Bank and Martinez v. Capital One Introduction The cases of Gary Cruz et al. v. TD Bank, N.A. and Geraldo F....
Affirmation of Depraved Indifference Murder Convictions in Severe Intoxicated Driving Cases Introduction In the landmark case The PEOPLE of the State of New York v. Martin Heidgen (980 N.Y.S.2d 320,...
Enforcement of Mortgage Foreclosure: Affirmation of Summary Judgment Against Defendants Lacking Credible Defenses Introduction The case of PHH Mortgage Corporation v. Henry E. Davis et al. (975...
Defining Personal Jurisdiction over Foreign Subsidiaries: Insights from Goel v. Ramachandran 1. Introduction The case of Vikas Goel, et al. v. Anush Ramachandran, defendant, Bunge Ltd., et al. (975...
Due Process Mandates Deportation Notice in Felony Pleas: People v. Peque et al. Introduction The case of The People of the State of New York vs. Juan Jose Peque et al. (3 N.E.3d 617) adjudicated by...
Establishing Due Process Requirements: Mandatory Notification of Deportation Consequences for Noncitizen Defendants Pleading Guilty to Felonies Introduction In the landmark decision of The People v....
Establishing Duty of Care in Rear-End Collision Cases: Gutierrez v. Trillium USA, LLC Introduction In the case of Hugo I. Gutierrez v. Trillium USA, LLC, decided on November 13, 2013, by the Supreme...
Enforceability of Oral Joint Venture Agreements in Cohabiting Same-Sex Relationships: Insights from Dee v. Rakower Introduction The case of Laura Dee v. Dena Rakower, reported at 976 N.Y.S.2d 470 by...
Enhanced Interpretation of Labor Law § 241(6) and Common-Law Negligence in Workplace Safety Introduction The case of Pedro Gonzalez v. Perkan Concrete Corp., decided by the Supreme Court, Appellate...
Affirmation of Neglect Based on Inappropriate Disciplinary Measures and Failure to Address Special Needs Introduction The case of In the Matter of Victoria XX. and Others, Alleged to be Neglected...
Revisiting Succession Rights in Mitchell-Lama Housing: Murphy v. DHCR Sets New Precedent Introduction The case of Paul Murphy v. New York State Division of Housing and Community Renewal (DHCR)...
Obligation of Public Entities to Access Private Email Accounts under FOIL Introduction The case of Howard I. Smith v. New York State Office of the Attorney General (973 N.Y.S.2d 404) presents a...