New York Case Commentaries

Admissibility of Uncharged Crime Evidence: Insights from People v. Morris

Date: Oct 16, 2013

Admissibility of Uncharged Crime Evidence: Insights from People v. Morris Introduction The case of The People of the State of New York v. Chadon Morris (21 N.Y.3d 588) addressed a pivotal issue in...

Clarifying Employer's Duty in Disability Discrimination Under NY HRLs: Romanello v. Intesa Sanpaolo

Date: Oct 11, 2013

Clarifying Employer's Duty in Disability Discrimination Under NY HRLs: Romanello v. Intesa Sanpaolo Introduction Romanello v. Intesa Sanpaolo, S.P.A. is a pivotal case adjudicated by the Court of...

Application of Foreign Law in Negligence Claims Against Financial Institutions: Keren Elmaliach v. Bank of China Ltd.

Date: Sep 18, 2013

Application of Foreign Law in Negligence Claims Against Financial Institutions: Keren Elmaliach v. Bank of China Ltd. Introduction The case of Keren Elmaliach, et al. v. Bank of China Limited, et al....

Enforceability of Security Service Agreements and Non-Third-Party Beneficiary Duties in Aiello v. Burns International

Date: Sep 4, 2013

Enforceability of Security Service Agreements and Non-Third-Party Beneficiary Duties in Aiello v. Burns International Introduction The case of Rachel Aiello, etc., Plaintiff–Appellant, v. Burns...

Reaffirming At-Will Employment: Insights from Catalin Minovici v. Belkin BV

Date: Aug 15, 2013

Reaffirming At-Will Employment: Insights from Catalin Minovici v. Belkin BV Introduction The case of Catalin Minovici v. Belkin BV serves as a pivotal reference in New York employment law,...

Clarifying CPLR 2215: Entitlement to Affirmative Relief Without Formal Cross Motion

Date: Aug 8, 2013

Clarifying CPLR 2215: Entitlement to Affirmative Relief Without Formal Cross Motion Introduction The case of Raizel Fried, et al. v. Jacob Holding, Inc. (970 N.Y.S.2d 260) adjudicated by the Supreme...

Clarifying the Mens Rea Requirement for Disorderly Conduct in Family Offense Proceedings: Cassie v. Cassie

Date: Jul 25, 2013

Clarifying the Mens Rea Requirement for Disorderly Conduct in Family Offense Proceedings: Cassie v. Cassie Introduction The appellate decision in In the Matter of Dionne Cassie v. Richard Cassie, 109...

Enforceability of Email Settlements under CPLR 2104: Forcelli v. Gelco Corporation

Date: Jul 25, 2013

Enforceability of Email Settlements under CPLR 2104: Forcelli v. Gelco Corporation Introduction The case of John T. Forcelli, et al. v. Gelco Corporation, et al., adjudicated by the Supreme Court,...

Tap Holdings v. Orix Finance: New Precedents in Successor Liability and Corporate Veil Piercing

Date: Jul 17, 2013

Tap Holdings v. Orix Finance: New Precedents in Successor Liability and Corporate Veil Piercing Introduction The case of Tap Holdings, LLC, et al. v. Orix Finance Corp., et al. (109 A.D.3d 167)...

Establishing Plaintiff's Standing in Mortgage Foreclosure Actions: Homecomings Financial, LLC v. Guldi

Date: Jul 4, 2013

Establishing Plaintiff's Standing in Mortgage Foreclosure Actions: Homecomings Financial, LLC v. Guldi Introduction The case Homecomings Financial, LLC v. George O. Guldi (108 A.D.3d 506) adjudicated...

Mandatory Judicial Determination of Youthful Offender Status in CPL 720.20(1) Cases

Date: Jun 28, 2013

Mandatory Judicial Determination of Youthful Offender Status in CPL 720.20(1) Cases Introduction The landmark case, PEOPLE v. RUDOLPH, 21 N.Y.3d 497 (2013), adjudicated by the Court of Appeals of New...

Establishing Special Duty in Municipal Emergency Medical Services: Applewhite v. Accuhealth and City of New York

Date: Jun 26, 2013

Establishing Special Duty in Municipal Emergency Medical Services: Applewhite v. Accuhealth and City of New York Introduction The case of Tiffany Applewhite v. Accuhealth, Inc., et al., Defendants,...

Golden Gate Yacht Club v. African Diaspora Maritime Corporation: Enforcing Good Faith in Competitive Selection Processes

Date: Jun 26, 2013

Golden Gate Yacht Club v. African Diaspora Maritime Corporation (109 A.D.3d 204, Supreme Court, Appellate Division, First Department, New York, 2013) Introduction In the case of African Diaspora...

Reversal of Attachment Orders and Upholding Breach of Contract Claims in VisionChina Media Inc. v. Shareholder Representative Services, LLC

Date: Jun 12, 2013

Reversal of Attachment Orders and Upholding Breach of Contract Claims in VisionChina Media Inc. v. Shareholder Representative Services, LLC Introduction The case of VisionChina Media Inc., et al. v....

Strict Compliance with Service Requirements: Insights from CACI v. State of New York

Date: Jun 7, 2013

Strict Compliance with Service Requirements: Insights from CACI v. State of New York Introduction The appellate decision in Anna CACI, Appellant, v. STATE of New York, Respondent (2013 N.Y. Slip Op....

Validity of Inventory Searches Following Vehicle Impoundment: Insights from People v. Padilla

Date: Jun 7, 2013

Validity of Inventory Searches Following Vehicle Impoundment: Insights from People v. Padilla 1. Introduction The case of PEOPLE of the State of New York v. Kenneth Padilla, adjudicated by the Court...

Establishing Standards for Conflict of Interest and Ineffective Assistance in Dual Representation Cases: People v. Sanchez

Date: Jun 5, 2013

Establishing Standards for Conflict of Interest and Ineffective Assistance in Dual Representation Cases: People v. Sanchez Introduction People v. Sanchez (21 N.Y.3d 216) is a pivotal case adjudicated...

Enhanced Non-Punitive Application of SORA Affirmed in PEOPLE v. Scott Parilla

Date: May 31, 2013

Enhanced Non-Punitive Application of SORA Affirmed in PEOPLE v. Scott Parilla Introduction The case of PEOPLE of the State of New York v. Scott Parilla (109 A.D.3d 20) adjudicated by the Supreme...

Invalidation of Prenuptial Agreements Due to Defective Acknowledgment: Galetta v. Galetta

Date: May 31, 2013

Invalidation of Prenuptial Agreements Due to Defective Acknowledgment: Galetta v. Galetta Introduction In the landmark case of Michelle Galetta v. Gary Galetta (2013 N.Y. Slip Op. 3871), the Court of...

Cumulative Counsel Errors Undermine Meaningful Representation: People v. Oathout

Date: May 3, 2013

Cumulative Counsel Errors Undermine Meaningful Representation: People v. Oathout Introduction The case of People v. Christopher Oathout, decided by the Court of Appeals of New York on May 2, 2013,...