New York Case Commentaries

Revisiting Justification in Second-Degree Murder: The Pickens Decision

Date: Mar 4, 2009

Revisiting Justification in Second-Degree Murder: The Pickens Decision Introduction In the landmark case of The People of the State of New York v. Omar Pickens, decided on March 3, 2009, the...

Personal Jurisdiction in Defamation Cases: Copp v. Ramirez et al. Establishes Critical Precedents

Date: Feb 25, 2009

Personal Jurisdiction in Defamation Cases: Copp v. Ramirez et al. Establishes Critical Precedents Introduction In the landmark case of Copp v. Ramirez et al. (62 A.D.3d 23, 2009), the Appellate...

Affirmation of Labor Law §200 and Negligence Claims Survival of Summary Judgment in Gasques v. State of New York

Date: Feb 25, 2009

Affirmation of Labor Law §200 and Negligence Claims Survival of Summary Judgment in Gasques v. State of New York Introduction The case of Wanderlei Gasques et al. v. State of New York presents a...

Affirmation of Mandatory Sex Offender Classification for Non-Sexual Crimes Involving Children under SORA

Date: Feb 18, 2009

Affirmation of Mandatory Sex Offender Classification for Non-Sexual Crimes Involving Children under SORA Introduction In the landmark decision of The People of the State of New York v. Judy Knox et...

Balancing Extradition and Speedy Trial Rights: Insights from PEOPLE v. ROMEO

Date: Feb 12, 2009

Balancing Extradition and Speedy Trial Rights: Insights from PEOPLE v. ROMEO Introduction People of the State of New York v. Anthony Romeo (12 N.Y.3d 51) is a landmark decision by the Court of...

Legal Commentary on PEOPLE v. TAVERAS: Consecutive Sentencing and Material Elements in Criminal Convictions

Date: Feb 12, 2009

PEOPLE v. TAVERAS: Consecutive Sentencing and Material Elements in Criminal Convictions Introduction The case of People of the State of New York v. Juan Taveras, decided by the Court of Appeals of...

Tortious Interference and Unfair Competition in Medical Practices: Insights from Anesthesia Associates of Mount Kisco v. Northern Westchester Hospital Center

Date: Feb 11, 2009

Tortious Interference and Unfair Competition in Medical Practices: Insights from Anesthesia Associates of Mount Kisco v. Northern Westchester Hospital Center Introduction The case of Anesthesia...

Continuous Treatment Doctrine Affirmed in Maria Gomez v. Neil Katz

Date: Feb 11, 2009

Continuous Treatment Doctrine Affirmed in Maria Gomez v. Neil Katz Introduction The case of Maria Gomez v. Neil Katz et al. examines critical aspects of the statute of limitations in medical...

Establishing Binding Settlement Agreements Through Electronic Communication: Kowalchuk v. Stroup

Date: Feb 11, 2009

Establishing Binding Settlement Agreements Through Electronic Communication: Kowalchuk v. Stroup Introduction The case of Peter Kowalchuk et al. v. Matthew Stroup (61 A.D.3d 118) adjudicated by the...

Corporate Officer Liability and Preservation of Objections: Insights from Peguero v. 601 Realty Corp.

Date: Jan 30, 2009

Corporate Officer Liability and Preservation of Objections: Insights from Peguero v. 601 Realty Corp. Introduction The case of Peguero et al. v. 601 Realty Corp. adjudicated by the Appellate Division...

Williams v. NYC Housing Authority: Affirming Independent Construction and Enhanced Protections Under the Local Civil Rights Restoration Act of 2005

Date: Jan 28, 2009

Williams v. NYC Housing Authority: Affirming Independent Construction and Enhanced Protections Under the Local Civil Rights Restoration Act of 2005 Introduction The case of Gina Williams v. New York...

Limitations on Fraud and Conspiracy Claims in Financial Transactions: Insights from Cash v. Titan Financial Services

Date: Jan 28, 2009

Limitations on Fraud and Conspiracy Claims in Financial Transactions: Insights from Cash et al. v. Titan Financial Services, Inc. Introduction The case of Candice Cash et al., Appellants-Respondents...

Enforcement of Property Conveyance Agreements and Tortious Interference: Clearmont Property LLC v. Jacob Eisner et al.

Date: Jan 23, 2009

Enforcement of Property Conveyance Agreements and Tortious Interference: Clearmont Property LLC v. Jacob Eisner et al. Introduction The case of CLEARMONT PROPERTY, LLC, Appellant, v. JACOB EISNER et...

Judicial Notice of HHS Diagnosis and Procedure Codes in No-Fault Insurance Claims

Date: Jan 21, 2009

Judicial Notice of HHS Diagnosis and Procedure Codes in No-Fault Insurance Claims Introduction In the landmark case of KINGSBROOK JEWISH MEDICAL CENTER v. ALLSTATE INSURANCE COMPANY (61 A.D.3d 13),...

Reaffirming Fraud Claims in Familial Business Ventures: Braddock v. Braddock

Date: Jan 7, 2009

Reaffirming Fraud Claims in Familial Business Ventures: Braddock v. Braddock Introduction The case of John C. Braddock et al. v. David B. Braddock et al. (60 A.D.3d 84) adjudicated by the Appellate...

No-Fault Insurance Class Action Standards: Globe Surgical Supply v. GEICO

Date: Dec 31, 2008

No-Fault Insurance Class Action Standards: Globe Surgical Supply v. GEICO Introduction In the landmark case Globe Surgical Supply, as Assignee of Remy Gallant, v. GEICO Insurance Company (59 A.D.3d...

Enforcement of Design Guidelines in Real Estate Development: Riverside South Planning Corp. v. CRP/Extell Riverside

Date: Dec 31, 2008

Enforcement of Design Guidelines in Real Estate Development: Riverside South Planning Corp. v. CRP/Extell Riverside Introduction The case of Riverside South Planning Corporation (RSPC) v. CRP/Extell...

Unconscionability in Retainer Agreements: Insights from Lawrence v. Graubard Miller

Date: Dec 3, 2008

Unconscionability in Retainer Agreements: Insights from Lawrence v. Graubard Miller Introduction Lawrence v. Graubard Miller et al. is a pivotal case adjudicated by the Court of Appeals of the State...

Admissibility of Uncharged Crimes: New Precedents in PEOPLE v. GILES

Date: Dec 3, 2008

Admissibility of Uncharged Crimes: New Precedents in PEOPLE v. GILES Introduction People of the State of New York v. Dwight Giles is a landmark case adjudicated by the Court of Appeals of New York on...

Ensuring Proper Preservation of Legal Sufficiency Claims: A Comprehensive Analysis of People v Hawkins and People v Eduardo

Date: Nov 26, 2008

Ensuring Proper Preservation of Legal Sufficiency Claims: A Comprehensive Analysis of PEOPLE v. HAWKINS and People v. Eduardo Introduction The decisions in PEOPLE v. HAWKINS (11 N.Y.3d 484) and...