New York Case Commentaries

Martin Act Does Not Preempt Common-Law Claims for Breach of Fiduciary Duty and Gross Negligence

Date: Dec 21, 2011

Martin Act Does Not Preempt Common-Law Claims for Breach of Fiduciary Duty and Gross Negligence Introduction The case of Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc. ([18...

Application of Burden-Shifting Framework in NYC Human Rights Law: Bennett v. Health Management Systems

Date: Dec 21, 2011

Application of Burden-Shifting Framework in NYC Human Rights Law: Bennett v. Health Management Systems Introduction The case Kenneth Bennett v. Health Management Systems, Inc. (92 A.D.3d 29)...

Appellate Division Establishes Clear Liability Standards for Employer Safety Under Labor Law §§ 240(1) and 241(6) in Melchor v. Singh

Date: Dec 21, 2011

Appellate Division Establishes Clear Liability Standards for Employer Safety Under Labor Law §§ 240(1) and 241(6) in Melchor v. Singh Introduction In the landmark case of Isidoro Melchor v....

Establishing Standards for Attorney Discharge and Legal Malpractice in New York: Analysis of Doviak v. Finkelstein & Partners, LLP

Date: Dec 14, 2011

Establishing Standards for Attorney Discharge and Legal Malpractice in New York: Analysis of Doviak v. Finkelstein & Partners, LLP Introduction Doviak v. Finkelstein & Partners, LLP is a pivotal case...

Ensuring the Validity of Appeal Waivers: A Critical Examination of PEOPLE v. BRADSHAW

Date: Dec 14, 2011

Ensuring the Validity of Appeal Waivers: A Critical Examination of PEOPLE v. BRADSHAW Introduction In the landmark case of The People of the State of New York v. Jay Jomar Bradshaw (18 N.Y.3d 257,...

Affirmation and Expansion of Workers' Protections under Labor Law §240(1) and Indemnification Protocols in the Uniondale Union Free School District Case

Date: Dec 7, 2011

Affirmation and Expansion of Workers' Protections under Labor Law §240(1) and Indemnification Protocols in the Uniondale Union Free School District Case Introduction The case of Jigar JAMINDAR v....

Clarification of Statute of Limitations under Debtor and Creditor Law §§ 273–a and 276

Date: Nov 30, 2011

Clarification of Statute of Limitations under Debtor and Creditor Law §§ 273–a and 276 Introduction In the landmark case of Terence Coyle, et al. v. Thomas Lefkowitz, et al. (89 A.D.3d 1054),...

Reevaluating "Serious Injury" Under New York's No-Fault Law: Insights from Perl v. Meher et al.

Date: Nov 23, 2011

Reevaluating "Serious Injury" Under New York's No-Fault Law: Insights from Perl v. Meher et al. Introduction The case of Joseph Perl et al. v. Mehmood Meher et al. presents a pivotal examination of...

Limits on Protective Device Requirements Under Labor Law §240(1): Salazar v. Novalex Contracting Corp.

Date: Nov 22, 2011

Limits on Protective Device Requirements Under Labor Law §240(1): Salazar v. Novalex Contracting Corp. Introduction Salazar v. Novalex Contracting Corp. is a pivotal case adjudicated by the Court of...

Legality of Delayed Forensic Analysis in Child Sexual Assault Cases: People v. DeProspero

Date: Nov 19, 2011

Legality of Delayed Forensic Analysis in Child Sexual Assault Cases: People v. DeProspero Introduction The case of The People of the State of New York v. Stephen DeProspero (932 N.Y.S.2d 789)...

Revisiting Landowner Liability: Gronski v. County of Monroe Establishes Nuanced Control Standards

Date: Nov 18, 2011

Revisiting Landowner Liability: Gronski v. County of Monroe Establishes Nuanced Control Standards Introduction In the landmark case of Gronski v. County of Monroe, the Court of Appeals of New York...

Reaffirming the Limited Scope of Ledwon and Addressing Pretrial Identification Procedures in People v. Delamota

Date: Nov 18, 2011

Reaffirming the Limited Scope of Ledwon and Addressing Pretrial Identification Procedures in People v. Delamota Introduction PEOPLE v. SEBASTIAN DELAMOTA, 18 N.Y.3d 107 (2011), adjudicated by the...

Juror Dismissal Due to Hearing Impairment: Insights from PEOPLE v. GUAY

Date: Nov 16, 2011

Juror Dismissal Due to Hearing Impairment: Insights from PEOPLE v. GUAY Introduction People v. Dean A. Guay (18 N.Y.3d 16, 2011) is a notable case adjudicated by the Court of Appeals of New York. The...

Application of DR 5-104(A) to Transactions with Former Clients: Enhancing Protections Against Exploitative Conduct

Date: Nov 11, 2011

Application of DR 5-104(A) to Transactions with Former Clients: Enhancing Protections Against Exploitative Conduct Introduction The disciplinary action against John M. Ioannou, an attorney admitted...

Mandatory Special Meetings under Union Bylaws: In re Chandra LaSonde v. Norman Seabrook

Date: Nov 4, 2011

Mandatory Special Meetings under Union Bylaws: In re Chandra LaSonde v. Norman Seabrook Introduction The case of In re Chandra LaSonde, et al., Petitioners–Respondents, v. Norman Seabrook, etc., et...

Ensuring Effective Representation in Family Law Appeals: A Comprehensive Analysis of Jasmin A. v. Administration for Children's Services

Date: Nov 2, 2011

Ensuring Effective Representation in Family Law Appeals: A Comprehensive Analysis of Jasmin A. v. Administration for Children's Services Introduction The case of Jasmin A. v. Administration for...

Enhancing Worker Safety Standards: Harrison v. State of New York and the Application of Labor Law §240(1)

Date: Oct 26, 2011

Enhancing Worker Safety Standards: Harrison v. State of New York and the Application of Labor Law §240(1) Introduction In the landmark case of Michael J. Harrison v. State of New York, adjudicated by...

Enhanced Pleading Standards for Fraudulent Claims: High Tides, LLC v. DeMichele et al.

Date: Oct 26, 2011

Enhanced Pleading Standards for Fraudulent Claims: High Tides, LLC v. Don DeMichele et al. Introduction The case of High Tides, LLC vs. Don DeMichele, Jeffrey Serkes, Kenneth Kellaway, and Dunkin'...

Labor Law §240(1) Liability Not Precluded by Falling Objects at Same Elevation: An Analysis of Wilinski v. Housing Development Fund Corp.

Date: Oct 26, 2011

Labor Law §240(1) Liability Not Precluded by Falling Objects at Same Elevation: An Analysis of Wilinski v. Housing Development Fund Corp. Introduction The case of Antoni Wilinski et al. v. 334 East...

Establishing the Boundaries of Repugnant Verdicts: Insights from PEOPLE v. MUHAMMAD and PEOPLE v. HILL

Date: Oct 21, 2011

Establishing the Boundaries of Repugnant Verdicts: Insights from PEOPLE v. MUHAMMAD and PEOPLE v. HILL Introduction In the realm of criminal law, the coherence of jury verdicts is paramount to...