New York Case Commentaries

Reaffirming Batson Standards: In-Depth Commentary on People v. Hecker and Related Jury Selection Cases

Date: Dec 1, 2010

Reaffirming Batson Standards: In-Depth Commentary on People v. Hecker and Related Jury Selection Cases Introduction The interplay between juror selection and discrimination claims forms a pivotal...

GILL KENT v. 534 EAST 11TH STREET: Precedent on Statute of Limitations and Evidentiary Requirements in Breach of Contract Claims

Date: Oct 29, 2010

GILL KENT v. 534 EAST 11TH STREET: Precedent on Statute of Limitations and Evidentiary Requirements in Breach of Contract Claims Introduction In the appellate case of GILL KENT, Respondent, v. 534...

Limiting Counsel Fee Awards to Objectants in New York Class Actions: Flemming v. Indi

Date: Oct 22, 2010

Limiting Counsel Fee Awards to Objectants in New York Class Actions: Flemming v. Indi Introduction The case of Flemming v. Indi (15 N.Y.3d 375) adjudicated by the Court of Appeals of the State of New...

Affirming Arbitrators' Discretion on Collateral Estoppel in Successive Arbitration Proceedings

Date: Oct 22, 2010

Affirming Arbitrators' Discretion on Collateral Estoppel in Successive Arbitration Proceedings Introduction The case In the Matter of the Arbitration between Carmen I. Falzone (now Carmen I. Cordero)...

Refining the Bounds of In Pari Delicto: New Precedents on Imputation and Adverse Interest in Corporate Fraud Cases

Date: Oct 22, 2010

Refining the Bounds of In Pari Delicto: New Precedents on Imputation and Adverse Interest in Corporate Fraud Cases Introduction The judgment in MARC S. KIRSCHNER, as Trustee of the REFCO LITIGATION...

Coram Nobis as a Remedy for Ineffective Assistance of Counsel in Appellate Appeals

Date: Oct 15, 2010

Coram Nobis as a Remedy for Ineffective Assistance of Counsel in Appellate Appeals Introduction In the landmark decision of The People of the State of New York v. Nathaniel Syville and The People of...

Establishing Reciprocal Disbarment for Repeated Misconduct: The Karen Jaffe Nierenberg Case

Date: Sep 29, 2010

Establishing Reciprocal Disbarment for Repeated Misconduct: The Karen Jaffe Nierenberg Case Introduction The case of Karen Jaffe Nierenberg serves as a pivotal example in the realm of legal ethics...

Liability of Property Owners for Mislaid Tools under Labor Law §200: Slikas v. Cyclone Realty

Date: Sep 22, 2010

Liability of Property Owners for Mislaid Tools under Labor Law §200: Slikas v. Cyclone Realty Introduction In Slikas v. Cyclone Realty, LLC, the Appellate Division of the Supreme Court of New York,...

Richard Makarius v. Port Authority of New York and New Jersey: Clarifying the Scope of Labor Law §240(1) in Elevation-Related Workplace Accidents

Date: Sep 8, 2010

Richard Makarius v. Port Authority of New York and New Jersey: Clarifying the Scope of Labor Law §240(1) in Elevation-Related Workplace Accidents Introduction The case of Richard Makarius v. Port...

Defining Serious Injury in the Presence of Preexisting Conditions: Farrington v. Go On Time Car Service

Date: Sep 8, 2010

Defining Serious Injury in the Presence of Preexisting Conditions: Farrington v. Go On Time Car Service Introduction In the appellate case of Elline Farrington v. Go On Time Car Service et al.,...

Petra Mortgage Capital Co. Intervention Granted in Yuppie Puppy v. Street Smart Realty Case

Date: Aug 18, 2010

Petra Mortgage Capital Co. Intervention Granted in Yuppie Puppy v. Street Smart Realty Case Introduction The case of Yuppie Puppy Pet Products, Inc. v. Street Smart Realty, LLC involved a complex...

Public Access vs. Confidentiality: The Reversal in Mosallem v. Berenstein et al.

Date: Jul 21, 2010

Public Access vs. Confidentiality: The Reversal in Mosallem v. Berenstein et al. Introduction Mitchell Mosallem, the plaintiff, an executive at Grey Global Group, Inc., was convicted of fraud and...

Strict Interpretation of Indemnification Clauses for Attorney's Fees in New York: Gotham Partners v. High River Limited Partnership

Date: Jul 21, 2010

Strict Interpretation of Indemnification Clauses for Attorney's Fees in New York: Gotham Partners v. High River Limited Partnership Introduction The case of Gotham Partners, L.P., et al. v. High...

Aiding and Abetting Fraud: Law Firm Liability Confirmed in A v. Oster et al.

Date: Jul 7, 2010

Aiding and Abetting Fraud: Law Firm Liability Confirmed in A v. Oster et al. Introduction The case of A v. Oster et al., decided on July 6, 2010, by the Appellate Division of the Supreme Court of New...

Subject Matter Jurisdiction under New York Human Rights Laws: Insights from Hoffman v. Parade Publications

Date: Jul 2, 2010

Subject Matter Jurisdiction under New York Human Rights Laws: Insights from Hoffman v. Parade Publications Introduction The case of Howard Hoffman v. Parade Publications, et al., decided by the Court...

Affirmation of Eminent Domain for Land Use Improvement and Civic Projects: Kaur v. Empire State Development Corporation

Date: Jun 25, 2010

Affirmation of Eminent Domain for Land Use Improvement and Civic Projects: Kaur v. Empire State Development Corporation 1. Introduction The case of In the Matter of Parminder Kaur et al. v. New York...

Justifiable Reliance on Written Representations in Fraud Claims: DDJ Management LLC v. Rhone Group L.L.C.

Date: Jun 25, 2010

Justifiable Reliance on Written Representations in Fraud Claims: DDJ Management LLC v. Rhone Group L.L.C. Introduction The case of DDJ Management, LLC, et al. v. Rhone Group L.L.C., et al....

Aggrievement in Summary Judgment: Insights from Mixon v. TBV, Inc.

Date: Jun 23, 2010

Aggrievement in Summary Judgment: Insights from Mixon v. TBV, Inc. Introduction Mixon et al. v. TBV, Inc. et al., 76 A.D.3d 144 (Appellate Division, Supreme Court of New York, Second Department,...

Determining Contractor Liability in Snow Removal: Foster v. Slepoy Corp.

Date: Jun 23, 2010

Determining Contractor Liability in Snow Removal: Foster v. Slepoy Corp. Introduction In the case of Paula Foster v. Herbert Slepoy Corp. et al. (76 A.D.3d 210), the Appellate Division of the Supreme...

Knowledge Requirement for Liability in Premises Cases: Walsh v. Super Value, Inc.

Date: Jun 23, 2010

Knowledge Requirement for Liability in Premises Cases: Walsh v. Super Value, Inc. Introduction Walsh v. Super Value, Inc., 76 A.D.3d 371 (App. Div. 2010), is a pivotal case that addresses the...