New York Case Commentaries

Causation and Preexisting Conditions in Serious Injury Claims: Analysis of Linton v. Nawaz

Date: May 8, 2009

Causation and Preexisting Conditions in Serious Injury Claims: Analysis of Linton v. Nawaz Introduction John R. Linton et al. v. Muhammad Nawaz et al. is a pivotal case adjudicated by the Appellate...

JOHNSON v. CHAPIN: Remarriage Penalty and Equitable Distribution in Divorce Proceedings

Date: May 8, 2009

JOHNSON v. CHAPIN: Remarriage Penalty and Equitable Distribution in Divorce Proceedings Introduction JOHNSON v. CHAPIN, 12 N.Y.3d 461 (2009), is a pivotal decision by the Court of Appeals of the...

Affirmation of DHCR’s Determination on Demolition Standards under Rent Stabilization Law

Date: May 6, 2009

Affirmation of DHCR’s Determination on Demolition Standards under Rent Stabilization Law Introduction The case of Daniel Peckham v. Judith A. Calogero before the Court of Appeals of the State of New...

Pioneer Tower Owners Assn. v. State Farm Fire Cos.: Narrow Interpretation of Insurance Exclusions Reinforced

Date: May 1, 2009

Pioneer Tower Owners Assn. v. State Farm Fire Cos.: Narrow Interpretation of Insurance Exclusions Reinforced Introduction The case of Pioneer Tower Owners Association v. State Farm Fire Casualty...

Reckless Endangerment and Plea Validity in PEOPLE v. GOLDSTEIN

Date: May 1, 2009

Reckless Endangerment and Plea Validity in PEOPLE v. GOLDSTEIN Introduction Case: The People of the State of New York v. Joseph Goldstein Court: Court of Appeals of the State of New York Date: April...

Establishing Common-Law Indemnification in Contractual Relationships: Sheila George et al. v. Marshall of MA, Inc.

Date: Apr 29, 2009

Establishing Common-Law Indemnification in Contractual Relationships: Sheila George et al. v. Marshall of MA, Inc. Introduction The appellate case of Sheila George et al., Appellants-Respondents, v....

Establishing Standards for Defamation and Malicious Prosecution: Strader v. Ashley

Date: Apr 24, 2009

Establishing Standards for Defamation and Malicious Prosecution: Strader v. Ashley Introduction In Donald G. Strader v. John J. Ashley, Jr., reported in 61 A.D.3d 1244, the Appellate Division of the...

Establishing Equitable Subrogation in Construction Contracts for Environmental Fee Recovery

Date: Apr 22, 2009

Establishing Equitable Subrogation in Construction Contracts for Environmental Fee Recovery Introduction The legal landscape of construction contracts often intersects with environmental regulations,...

Entitlement to Relocation Services for Tenants in Vacate Orders Regardless of Dwelling Legality

Date: Apr 17, 2009

Entitlement to Relocation Services for Tenants in Vacate Orders Regardless of Dwelling Legality Introduction The case of James Smith et al. v. Shaun Donovan addresses the rights of tenants residing...

Shelton Brothers v. New York State Liquor Authority: Establishing Limits on 42 USC §1983 Claims Against State Officials

Date: Apr 10, 2009

Shelton Brothers v. New York State Liquor Authority: Establishing Limits on 42 USC §1983 Claims Against State Officials Introduction The case of Daniel Shelton, Doing Business as Shelton Brothers...

Reversal of Summary Judgment: Key Legal Principles from AMES RAY v. CHRISTINA RAY

Date: Apr 8, 2009

Reversal of Summary Judgment: Key Legal Principles from AMES RAY v. CHRISTINA RAY Introduction AMES RAY v. CHRISTINA RAY (61 A.D.3d 442) is a pivotal case adjudicated by the Appellate Division of the...

Strict Enforcement of Prior Written Notice Requirements for Municipalities Established in Gorman v. Town of Huntington

Date: Apr 8, 2009

Strict Enforcement of Prior Written Notice Requirements for Municipalities Established in Gorman v. Town of Huntington Introduction In the landmark case of Norma Gorman et al. v. Town of Huntington,...

Brady Disclosure in Sexual Assault Cases: Insights from People v. Fuentes

Date: Apr 8, 2009

Brady Disclosure in Sexual Assault Cases: Insights from People v. Fuentes Introduction People v. Fuentes, 12 N.Y.3d 259 (2009), is a significant case adjudicated by the Court of Appeals of the State...

Establishing Control in Subcontracted Work: Goldman Sachs Co. Exempted from Labor Law § 240(1) Liability

Date: Apr 3, 2009

Establishing Control in Subcontracted Work: Goldman Sachs Co. Exempted from Labor Law § 240(1) Liability Introduction The case of Miliha FERLUCKAJ v. GOLDMAN Sachs Co. revolves around a workplace...

No Private Common-Law Fraud Claims Under the Martin Act: KERUSA CO. LLC v. W10Z/515 REAL ESTATE LIMITED PARTNERSHIP et al.

Date: Apr 3, 2009

No Private Common-Law Fraud Claims Under the Martin Act KERUSA CO. LLC v. W10Z/515 REAL ESTATE LIMITED PARTNERSHIP et al. Court: Court of Appeals of the State of New York Decision Date: April 2, 2009...

Limits on Governmental Tort Liability: Special Relationship Requirement Affirmed in McLean v. City of New York

Date: Apr 1, 2009

Limits on Governmental Tort Liability: Special Relationship Requirement Affirmed in McLean v. City of New York Introduction McLean v. City of New York (12 N.Y.3d 194, 2009) is a landmark case decided...

Forfeiture of Plea Rights and Prima Facie Standards in Misdemeanor Drug Possession: PEOPLE v. KALIN

Date: Apr 1, 2009

Forfeiture of Plea Rights and Prima Facie Standards in Misdemeanor Drug Possession: PEOPLE v. KALIN Introduction PEOPLE v. KALIN, 12 N.Y.3d 225 (2009), is a landmark decision by the Court of Appeals...

IDT Corporation v. Morgan Stanley Dean Witter Co.: A Landmark on Statute of Limitations and Unjust Enrichment

Date: Mar 27, 2009

IDT Corporation v. Morgan Stanley Dean Witter Co.: A Landmark on Statute of Limitations and Unjust Enrichment Introduction The case of IDT Corporation v. Morgan Stanley Dean Witter Co. (12 N.Y.3d...

Gateway I Group Inc. v. Park Avenue Physicians PC: Establishing a Framework for Piercing the Corporate Veil in Lease Obligations

Date: Mar 18, 2009

Gateway I Group Inc. v. Park Avenue Physicians PC: Establishing a Framework for Piercing the Corporate Veil in Lease Obligations Introduction The legal landscape regarding corporate liability and...

Defining 'Egregious Fault' in Equitable Distribution: Howard S. v. Lilly S. and Ryan M. Case Analysis

Date: Mar 18, 2009

Defining 'Egregious Fault' in Equitable Distribution: Howard S. v. Lilly S. and Ryan M. Case Analysis Introduction The case of Howard S., Appellant, v. Lillian S., Respondent. Ryan M., Respondent.,...