Municipal Zoning Authority Affirmed: Oil, Gas, and Solution Mining Law Does Not Preempt Local Land Use Regulations Introduction The case of Norse Energy Corp. USA v. Town of Dryden addresses the...
Enforcing Good Faith Negotiations in Foreclosure Actions: Insights from WELLS FARGO BANK v. MEYERS Introduction The case Wells Fargo Bank, N.A., etc., appellant, v. Paul Meyers, et al., respondents,...
Actual Possession Required for Turnover Orders under CPLR § 5225(b) - Commonwealth v. CIBC Introduction The case Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce...
Presumption of Visitation Rights for Incarcerated Parents Affirmed in Granger v. Misercola Introduction Granger v. Misercola (21 N.Y.3d 86), adjudicated by the Court of Appeals of New York on April...
Rebuttable Presumption in World Trade Center Accidental Disability Retirement Claims: Cardno v. New York State and Local Retirement System Introduction The case of Thomas Cardno v. New York State and...
Right to Adverse Inference Instruction When State Destroys Material Evidence – PEOPLE v. HANDY Introduction People v. Dayshawn P. Handy is a landmark decision by the Court of Appeals of New York,...
Strengthening Fiduciary Responsibilities: Analysis of the Zimmerman Suspension Judgment Introduction The case of In the Matter of Richard J. Zimmerman, reported in 106 A.D.3d 20 by the Supreme Court,...
Validity of Warrant Authority and Retention of Seized Property: People v. Deprospero Introduction The case of The People of the State of New York v. Stephen DeProspero, decided by the Court of...
Strict Adherence to Judicial Diversion Eligibility Criteria: Doorley v. DeMarco & Schwartz Introduction In the case of Doorley v. DeMarco & Schwartz (106 A.D.3d 27), the Supreme Court, Appellate...
Liability of General Contractors for Unsecured Floor Openings under Labor Law §§ 240 and 241(6) – Alonzo v. Safe Harbors Introduction The case of Victor Alonzo v. Safe Harbors of the Hudson Housing...
Affirmation of Conviction in People v. Izzo III: Juror Impartiality and Sufficiency of Evidence Standards Introduction In People v. William R. Izzo III, the Supreme Court, Appellate Division, Third...
Enforcement of Option Contracts Without External Consideration: Rubinschorn v. Troutman Sanders LLP Introduction Rubin Schron et al. v. Troutman Sanders LLP et al., decided by the Court of Appeals of...
Clarifying the Standard of Proof for Substance Abuse under New York SORA Guidelines in People v. Palmer and People v. Long Introduction The cases of People v. Palmer and People v. Long before the...
Enhanced Liability Standards for Health Clubs Under General Business Law § 627–a Introduction The case of Gregory C. Miglino, Jr. v. Bally Total Fitness of Greater New York, Inc. (20 N.Y.3d 342)...
Retaliatory Discharge under NY Human Rights Law: Insights from Joyce Asabor v. Archdiocese of New York Introduction In Joyce Asabor v. Archdiocese of New York, et al., the Supreme Court, Appellate...
Reinstatement of Sexual Discrimination Claim under New York City Human Rights Law Introduction The case of Yahaira Hernandez, et al. v. Dr. Arden Kaisman, adjudicated by the Supreme Court, Appellate...
Establishing Interim Multiple Dwelling Status Under Multiple Dwelling Law §281(5) Introduction The case of Madeline D'Anthony Enterprises, Inc., Plaintiff, ZCAM LLC, Plaintiff–Appellant, v. Robert...
Apportionment of Liability Under CPLR 1601 in the Context of Nondelegable Duties: Insights from Belmer v. HHM Associates Introduction In the landmark case of Yolanda Belmer v. HHM Associates, Inc.,...
Affirmation of Non-Misleading Disclosures in Educational Marketing under GBL §349 Introduction The case of Alexandra Gomez–Jimenez, et al. v. New York Law School addresses significant issues...
Establishing the Standards for Summary Judgment in Medical Malpractice: DiGERONIMO v. Fuchs et al. Introduction In the landmark case of Nancy DiGERONIMO v. Allen Fuchs, et al., reported in 101 A.D.3d...