New York Case Commentaries

Reformation of Marital Settlements in the Wake of Financial Fraud: Insights from Ste v. Simkin

Date: Apr 4, 2012

Reformation of Marital Settlements in the Wake of Financial Fraud: Insights from Ste v. Simkin Introduction The case of Ste v. Simkin, adjudicated by the Court of Appeals of New York on April 3,...

Inverse Condemnation Validated in CORSELLO v. VERIZON New York, Inc. (2012)

Date: Mar 30, 2012

Inverse Condemnation Validated in CORSELLO v. VERIZON New York, Inc. (2012) Introduction The case of Corsello et al. v. Verizon New York, Inc. (18 N.Y.3d 777) adjudicated by the Court of Appeals of...

Accrual of Counterclaims in Retrospective Insurance Agreements: Insights from HAHN Automotive Warehouse, Inc. v. AMERICAN ZURICH INSURANCE COMPANY et al.

Date: Mar 30, 2012

Accrual of Counterclaims in Retrospective Insurance Agreements: Insights from HAHN Automotive Warehouse, Inc. v. AMERICAN ZURICH INSURANCE COMPANY et al. (18 N.Y.3d 765) Introduction The case HAHN...

Enforceability of Oral Bonus Agreements in At-Will Employment: RYAN v. KELLOGG PARTNERS INSTitutional Services

Date: Mar 28, 2012

Enforceability of Oral Bonus Agreements in At-Will Employment: RYAN v. KELLOGG PARTNERS INSTitutional Services Introduction The RYAN v. KELLOGG PARTNERS INSTitutional Services case, adjudicated by...

Defining 'Public Place' in Marijuana Possession: Insights from PEOPLE v. Samuel Jackson

Date: Mar 28, 2012

Defining 'Public Place' in Marijuana Possession: Insights from PEOPLE v. Samuel Jackson Introduction In the landmark case of The PEOPLE of the State of New York, Respondent, v. Samuel JACKSON,...

Reinforcement of Contractual Disclaimers: Protection Against Fraud Claims by Sophisticated Entities

Date: Mar 28, 2012

Reinforcement of Contractual Disclaimers: Protection Against Fraud Claims by Sophisticated Entities Introduction The case HSH Nordbank AG v. UBS AG, et al. revolves around a complex financial...

Enforceability of Contractual Liability Limitations in Cases of Gross Negligence: Insights from Abacus Federal Savings Bank v. ADT Security Services, Inc.

Date: Mar 23, 2012

Enforceability of Contractual Liability Limitations in Cases of Gross Negligence: Insights from Abacus Federal Savings Bank v. ADT Security Services, Inc. Introduction In the landmark case of Abacus...

Appellate Division’s Authority to Remit for Resentencing under CPL 430.10 - People v. Rodríguez

Date: Mar 23, 2012

Appellate Division’s Authority to Remit for Resentencing under CPL 430.10 - People v. Rodríguez Introduction The case of The People of the State of New York v. Sergio Rodríguez, decided by the Court...

Establishing General Contractor Liability and Safety Obligations under NY Labor Law §240(1): Naughton v. City of New York et al.

Date: Feb 24, 2012

Establishing General Contractor Liability and Safety Obligations under NY Labor Law §240(1): Naughton v. City of New York et al. Introduction In the landmark case of Patrick Naughton, Jr.,...

Defamation in Personal Relationships: Clarifying the Line Between Fact and Opinion

Date: Feb 22, 2012

Defamation in Personal Relationships: Clarifying the Line Between Fact and Opinion Introduction The case of Thomas H. v. Paul B. et al. (18 N.Y.3d 580) adjudicated by the Court of Appeals of New York...

Establishing the Scope of the Molineux Exception in Rebutting Extreme Emotional Disturbance Defenses: PEOPLE v. CASS

Date: Feb 17, 2012

Establishing the Scope of the Molineux Exception in Rebutting Extreme Emotional Disturbance Defenses: PEOPLE v. CASS Introduction In The PEOPLE of the State of New York v. Mickey Cass, 18 N.Y.3d 553...

Rigorous Standards for Summary Judgment in Negligence Claims Involving Subcontractors: Insights from Minerva Vega v. General Fence Corporation

Date: Feb 17, 2012

Rigorous Standards for Summary Judgment in Negligence Claims Involving Subcontractors: Insights from Minerva Vega v. General Fence Corporation Introduction In the case of Minerva Vega v. General...

Recognition of Derivative Claims and Enhanced Accountability in Family Corporations: Lemle v. Lemle

Date: Feb 15, 2012

Recognition of Derivative Claims and Enhanced Accountability in Family Corporations: Lemle v. Lemle Introduction Michael Lemle, etc., Plaintiff–Appellant, v. Florence Lemle, et al.,...

Limitations of Contractual Exemptions in Tort Claims: Analysis of Berenger v. 261 West LLC

Date: Feb 3, 2012

Limitations of Contractual Exemptions in Tort Claims: Analysis of Berenger v. 261 West LLC Introduction In the landmark case of Berenger et al. v. 261 West LLC et al., adjudicated by the Appellate...

Affirmation of the Zubulake Standard in Voom HD Holdings LLC v. EchoStar Satellite L.L.C.

Date: Feb 1, 2012

Affirmation of the Zubulake Standard in Voom HD Holdings LLC v. EchoStar Satellite L.L.C. Introduction In the landmark case of Voom HD Holdings LLC v. EchoStar Satellite L.L.C., adjudicated by the...

Enhancing Access to Justice through CPLR 306–b: Analysis of Henneberry v. Borstein

Date: Jan 18, 2012

Enhancing Access to Justice through CPLR 306–b: Analysis of Henneberry v. Borstein Introduction In the case of Virginia M. Henneberry, Plaintiff–Appellant, v. Leon Baer Borstein, et al.,...

Kropp v. Town of Shandaken: Enhancing Safety Standards in Construction Worksites

Date: Jan 13, 2012

Kropp v. Town of Shandaken: Enhancing Safety Standards in Construction Worksites Introduction In the landmark case of John P. Kropp Jr. et al. v. Town of Shandaken et al., adjudicated by the Supreme...

Assessing the Reasonableness of Damages Awards in Personal Injury Cases: Insights from Turusseta v. Wyassup-Laurel Glen Corp.

Date: Jan 11, 2012

Assessing the Reasonableness of Damages Awards in Personal Injury Cases: Insights from Turusseta v. Wyassup-Laurel Glen Corp. Introduction The case of Lucille Turusseta v. Wyassup-Laurel Glen Corp.,...

Restricting Supplemental Submissions in Summary Judgment Motions: Insights from Ostrov v. Rozbruch

Date: Jan 4, 2012

Restricting Supplemental Submissions in Summary Judgment Motions: Insights from Ostrov v. Rozbruch Introduction The case of Deborah Ostrov v. Jacob Rozbruch, M.D., Beth Israel Medical Center, decided...

Holland v. City of Poughkeepsie: Refined Standards for Qualified Immunity and Vicarious Liability under 42 USC §1983

Date: Dec 21, 2011

Holland v. City of Poughkeepsie: Refined Standards for Qualified Immunity and Vicarious Liability under 42 USC §1983 Introduction Holland v. City of Poughkeepsie, 90 A.D.3d 841 (2011), adjudicated by...