New York Case Commentaries

Enhancing Due Process: Jurisdictional Requirements for Weapon Possession Charges in People v. Dreyden

Date: Jun 16, 2010

Enhancing Due Process: Jurisdictional Requirements for Weapon Possession Charges in People v. Dreyden Introduction In the landmark case of The People of the State of New York v. James Dreyden,...

Expansion of New York’s Long-Arm Jurisdiction: Fraud and Unjust Enrichment Claims Reinstated in Abaplus International Corp. Case

Date: Jun 11, 2010

Expansion of New York’s Long-Arm Jurisdiction: Fraud and Unjust Enrichment Claims Reinstated in Abaplus International Corp. Case Introduction The case of Pramer S.C.A. v. Abaplus International...

Expansion of Additional Insured Coverage in Construction Liability: Regal Construction Corp. v. National Union Fire Insurance Co.

Date: Jun 4, 2010

Expansion of Additional Insured Coverage in Construction Liability: Regal Construction Corp. v. National Union Fire Insurance Co. Introduction The case of Regal Construction Corporation et al. v....

Affirmation and Expansion of Class Certification in Breach of Contract Cases: PLUDEMAN v. NORTHERN LEASing Systems

Date: Jun 2, 2010

Affirmation and Expansion of Class Certification in Breach of Contract Cases: PLUDEMAN v. NORTHERN LEASing Systems Introduction In the case of Kevin Pludeman et al. v. Northern Leasing Systems, Inc....

Post-Note of Issue Discovery: Limits and Procedural Requirements Established in Tirado v. Miller

Date: May 19, 2010

Post-Note of Issue Discovery: Limits and Procedural Requirements Established in Tirado v. Miller Introduction In Tirado v. Miller et al., the Appellate Division of the Supreme Court of New York,...

Martinez v. City of New York: Clarifying the Scope of Labor Law §200 and §240(1) in Workplace Safety Obligations

Date: May 19, 2010

Martinez v. City of New York: Clarifying the Scope of Labor Law §200 and §240(1) in Workplace Safety Obligations Introduction Martinez v. City of New York et al. is a significant appellate decision...

Kooper v. Kooper: Refining Discovery Protocols for Nonparty Document Requests under CPLR 3101(a)(4)

Date: May 12, 2010

Kooper v. Kooper: Refining Discovery Protocols for Nonparty Document Requests under CPLR 3101(a)(4) Introduction Michael Kooper (Respondent) appealed a decision by the Supreme Court of New York,...

New York Court of Appeals Establishes Strict Employer Liability for Sexual Harassment Under NYCHRL

Date: May 7, 2010

New York Court of Appeals Establishes Strict Employer Liability for Sexual Harassment Under NYCHRL Introduction In the landmark case of Dominika Zakrzewska v. The New School (14 N.Y.3d 469), the...

CITY OF NEW YORK v. MAUL: Upholding Class Action Certification for Developmentally Disabled Foster Children under CPLR Article 9

Date: May 7, 2010

CITY OF NEW YORK v. MAUL: Upholding Class Action Certification for Developmentally Disabled Foster Children under CPLR Article 9 Introduction City of New York et al. v. Thomas A. Maul is a landmark...

Prospective Enforcement of the Right to Counsel: Analysis of Hurrell-Harring v. New York (2010)

Date: May 7, 2010

Prospective Enforcement of the Right to Counsel: Analysis of Hurrell-Harring v. New York (2010) Introduction The landmark case of Hurrell-Harring v. The State of New York et al., decided by the Court...

Limiting Discovery in Matrimonial Fraud Cases: Insights from Howard S. v. Lillian S.

Date: Apr 30, 2010

Limiting Discovery in Matrimonial Fraud Cases: Insights from Howard S. v. Lillian S. Introduction The case of Howard S. v. Lillian S. (14 N.Y.3d 431) adjudicated by the Court of Appeals of the State...

Renewal of Summary Judgment Motions in Personal Injury Cases: Insights from ROBERT HENRY v. PEDRO L. PEGUERO et al.

Date: Apr 30, 2010

Renewal of Summary Judgment Motions in Personal Injury Cases: Insights from ROBERT HENRY v. PEDRO L. PEGUERO et al. Introduction The appellate case of ROBERT HENRY v. PEDRO L. PEGUERO et al. (72...

Statute of Limitations and Affirmative Defense Amendments in Insurance Contract Cases: Pike v. New York Life

Date: Apr 28, 2010

Statute of Limitations and Affirmative Defense Amendments in Insurance Contract Cases: Pike v. New York Life Introduction Pike v. New York Life Insurance Company et al., 72 A.D.3d 1043 (2010), is a...

Negligence Per Se in Pedestrian-Vehicle Collisions: Analysis of Barbieri v. Vokoun

Date: Apr 21, 2010

Negligence Per Se in Pedestrian-Vehicle Collisions: Analysis of Barbieri v. Vokoun Introduction The case of Gabriella Barbieri v. Daniel P. Vokoun (72 A.D.3d 853) adjudicated by the Appellate...

Reversal of Summary Judgment in Wrongful Death Action: Roques v. Noble et al.

Date: Apr 21, 2010

Reversal of Summary Judgment in Wrongful Death Action: Roques v. Noble et al. Introduction In the case of Tetla Roques, Appellant, v. David H. Noble, M.D., et al., adjudicated on April 20, 2010, the...

Affirmation of Accessorial Liability in Juvenile Delinquency: The Tatiana N. Case

Date: Apr 9, 2010

Affirmation of Accessorial Liability in Juvenile Delinquency: The Tatiana N. Case Introduction The case of Tatiana N. serves as a pivotal precedent in juvenile delinquency law, particularly...

Correct Application of Penal Law §70.45 in Sentencing: Insights from THE PEOPLE OF THE STATE OF NEW YORK v. DEAN A. GUAY

Date: Apr 9, 2010

Correct Application of Penal Law §70.45 in Sentencing: Insights from The People of the State of New York v. Dean A. Guay Introduction The People of the State of New York v. Dean A. Guay, 72 A.D.3d...

Restricting Assumption of Risk to Sports and Recreation: Insights from Trupia v Lake George Central School District

Date: Apr 7, 2010

Restricting Assumption of Risk to Sports and Recreation: Insights from TRUPIA v. LAKE GEORGE CENTral School District Introduction The case of TRUPIA v. LAKE GEORGE CENTral School District revolves...

Documentary Evidence Criteria under CPLR 3211(a)(1): Insights from Fontanetta v. John Doe

Date: Mar 31, 2010

Documentary Evidence Criteria under CPLR 3211(a)(1): Insights from Fontanetta v. John Doe Introduction The case of A. Philip Fontanetta et al. v. John Doe 1 et al., and Frank DiMaio et al....

Conflict of Interest in Defense Counsel: Insights from PEOPLE v. CARNCROSS

Date: Mar 26, 2010

Conflict of Interest in Defense Counsel: Insights from PEOPLE v. CARNCROSS Introduction PEOPLE v. CARNCROSS, 14 N.Y.3d 319 (2010), is a pivotal decision by the Court of Appeals of the State of New...