New York Case Commentaries

Clarification of Charging Inconsistent Homicide Counts: People v. Avery V. Baker Jr.

Date: Mar 26, 2010

Clarification of Charging Inconsistent Homicide Counts: People v. Avery V. Baker Jr. Introduction People v. Avery V. Baker Jr. (14 N.Y.3d 266, 2010) is a seminal decision by the Court of Appeals of...

HETPA Notice Requirements as a Condition Precedent: Insights from First National Bank of Chicago v. Alvin Silver

Date: Mar 24, 2010

HETPA Notice Requirements as a Condition Precedent: Insights from First National Bank of Chicago v. Alvin Silver Introduction The appellate case of First National Bank of Chicago, Respondent, v....

Affirmation of Burden of Proof in Disability Discrimination and Retaliation Claims: Abram v. NY State Division of Human Rights

Date: Mar 20, 2010

Affirmation of Burden of Proof in Disability Discrimination and Retaliation Claims: Abram v. NY State Division of Human Rights Introduction In the landmark case of Idella Abram v. New York State...

Inferring Intent in Possession of Forged Instruments: Rodriguez v. People

Date: Mar 10, 2010

Inferring Intent in Possession of Forged Instruments: Rodriguez v. People Introduction The People of the State of New York v. Isidro Rodriguez (71 A.D.3d 450) is a significant appellate decision from...

Double Jeopardy Protections in Resentencing: Insights from People v. Williams and Related Cases

Date: Feb 24, 2010

Double Jeopardy Protections in Resentencing: Insights from People v. Williams and Related Cases Introduction The landmark decision in People v. Williams, along with accompanying cases People v....

Employer Liability for Safety Device Provision Under Labor Law §240(1)

Date: Feb 12, 2010

Employer Liability for Safety Device Provision Under Labor Law §240(1): Gallagher v. NYP Holdings, Inc. Introduction The case of Hugh Gallagher et al. v. The New York Post et al., reported in NYP...

Affirmation of Sole Custody Based on Significant Change in Circumstances and Best Interests of the Child

Date: Jan 22, 2010

Affirmation of Sole Custody Based on Significant Change in Circumstances and Best Interests of the Child Introduction In the case of In the Matter of TROY SS. v. JUDY UU., the Appellate Division of...

General Business Law §349: Extending Consumer Protection to Insurance Subrogation Practices – Wilner v. Allstate Insurance Co.

Date: Jan 13, 2010

General Business Law §349: Extending Consumer Protection to Insurance Subrogation Practices – Wilner v. Allstate Insurance Co. Introduction In Wilner v. Allstate Insurance Co., the Appellate Division...

Denenberg v Rosen et al.: Clarifying Consumer-Oriented Standards under General Business Law §§ 349 & 350

Date: Jan 8, 2010

Denenberg v Rosen et al.: Clarifying Consumer-Oriented Standards under General Business Law §§ 349 & 350 Introduction Denenberg v Rosen et al. is a pivotal case adjudicated by the Appellate Division...

Expansion of 'Elevation Related Injury' Definition under NY Labor Law §240(1): Runner v. New York Stock Exchange

Date: Dec 18, 2009

Expansion of 'Elevation Related Injury' Definition under NY Labor Law §240(1): Runner v. New York Stock Exchange Introduction The case of Victor J. RUNNER v. NEW YORK STOCK EXCHANGE, INC. (13 N.Y.3d...

Establishing Adverse Possession: Key Insights from 2 North Street Corporation v. Getty Saugerties Corporation

Date: Dec 18, 2009

Establishing Adverse Possession: Key Insights from 2 North Street Corporation v. Getty Saugerties Corporation Introduction The case of 2 North Street Corporation v. Getty Saugerties Corporation (68...

Priority of Insurance Coverage Established: Royal and SunAlliance Confirmed as Primary Insurer in William Floyd SD v. Maxner

Date: Dec 16, 2009

Priority of Insurance Coverage Established: Royal and SunAlliance Confirmed as Primary Insurer in William Floyd SD v. Maxner Introduction The case of William Floyd School District et al. v. Frank...

NYU's Obligation to Extend Contractual Admission Considerations: Flomenbaum v. New York University

Date: Dec 4, 2009

NYU's Obligation to Extend Contractual Admission Considerations: Flomenbaum v. New York University Introduction Flomenbaum v. New York University is a pivotal case adjudicated by the Appellate...

Clarifying Intent in New York's Gang Assault Statutes: PEOPLE v. SANCHEZ and PEOPLE v. MYNIN

Date: Dec 2, 2009

Clarifying Intent in New York's Gang Assault Statutes: PEOPLE v. SANCHEZ and PEOPLE v. MYNIN Introduction In the landmark decisions of PEOPLE v. SANCHEZ and PEOPLE v. MYNIN, the Court of Appeals of...

Private Foundations Lack Legal Duty to Authenticate Art: Analysis of Thome v. Calder Foundation

Date: Dec 2, 2009

Private Foundations Lack Legal Duty to Authenticate Art: Analysis of Thome v. Calder Foundation Introduction Thome v. Calder Foundation is a landmark case adjudicated by the Appellate Division of the...

Enforcement of Sunset Clauses in Contractual Agreements: Riverside South Planning Corporation v. CRP/Extell Riverside, L.P.

Date: Nov 25, 2009

Enforcement of Sunset Clauses in Contractual Agreements: Riverside South Planning Corporation v. CRP/Extell Riverside, L.P. Introduction The case of Riverside South Planning Corporation v. CRP/Extell...

Recognition of Out-of-State Same-Sex Marriages: New Precedent from GODFREY v. SPANO and Lewis v. New York State Dept. of Civil Service

Date: Nov 20, 2009

Recognition of Out-of-State Same-Sex Marriages: New Precedent from GODFREY v. SPANO and Lewis v. New York State Dept. of Civil Service Introduction In the landmark cases of Margaret Godfrey et al. v....

Preliminary Injunction in Construction Financing: Destiny USA Holdings v. Citigroup Global Markets Realty Corp.

Date: Nov 14, 2009

Preliminary Injunction in Construction Financing: Destiny USA Holdings v. Citigroup Global Markets Realty Corp. Introduction The case of Destiny USA Holdings, LLC v. Citigroup Global Markets Realty...

Tortious Interference in Financial Transactions: Amaranth LLC v. J.P. Morgan Chase Co.

Date: Nov 6, 2009

Tortious Interference in Financial Transactions: Amaranth LLC v. J.P. Morgan Chase Co. Introduction The case Amaranth LLC et al. v. J.P. Morgan Chase Co. et al. (71 A.D.3d 40, Appellate Division of...

Summary Judgment Denied in Medical Malpractice Case Due to Conflicting Expert Testimonies and Substantial Factual Disputes

Date: Nov 6, 2009

Summary Judgment Denied in Medical Malpractice Case Due to Conflicting Expert Testimonies and Substantial Factual Disputes Introduction The case Paula N. Frye v. Montefiore Medical Center et al. (70...