New York Case Commentaries

Plain Language Interpretation of Attorney Approval Contingencies in New York Real Estate Contracts

Date: Nov 26, 2008

Plain Language Interpretation of Attorney Approval Contingencies in New York Real Estate Contracts Introduction The case of James J. Moran et al. v. Mehmet Erk et al. (11 N.Y.3d 452, 2008) serves as...

Clarence A. Johnson v. The People of New York: Upholding Risk Assessment Standards in Sex Offender Classification

Date: Nov 25, 2008

Clarence A. Johnson v. The People of New York: Upholding Risk Assessment Standards in Sex Offender Classification Introduction The case of The People of the State of New York, Respondent, v. Clarence...

PEOPLE v. ENNIS: Defining Boundaries for Conflict of Interest in Effective Assistance of Counsel Claims

Date: Nov 21, 2008

PEOPLE v. ENNIS: Defining Boundaries for Conflict of Interest in Effective Assistance of Counsel Claims Introduction Case Citation: PEOPLE v. ENNIS, 11 N.Y.3d 403 (2008) The case of PEOPLE v. ENNIS...

Reaffirmation of CPLR 3211(e): Proper Pleading of Failure to State a Cause of Action Defense

Date: Nov 19, 2008

Reaffirmation of CPLR 3211(e): Proper Pleading of Failure to State a Cause of Action Defense Introduction The case of MARIE K. BUTLER v. CARMEL CATINELLA adjudicated by the Appellate Division of the...

Recognition of Implied Private Right of Action under Labor Law §191-b for Sales Representatives

Date: Nov 13, 2008

Recognition of Implied Private Right of Action under Labor Law §191-b for Sales Representatives Introduction The case of AHA Sales, Inc. v. Creative Bath Products, Inc. (58 A.D.3d 6) adjudicated by...

Landmark Ruling on Labor Law §200: Property Owner Liability in Worker Injuries

Date: Nov 6, 2008

Landmark Ruling on Labor Law §200: Property Owner Liability in Worker Injuries Introduction The case of Nazrul Chowdhury v. Antonio Rodriguez et al. (57 A.D.3d 121) adjudicated by the Appellate...

Economic Duress in Settlement Agreements: Philips South Beach, LLC v. ZC Specialty Insurance Company

Date: Oct 31, 2008

Economic Duress in Settlement Agreements: Philips South Beach, LLC v. ZC Specialty Insurance Company Introduction In the appellate case Philips South Beach, LLC v. ZC Specialty Insurance Company, the...

Employment Safety and Elevation-Related Risks: Insights from CLARENCE JONES v. 414 EQUITIES LLC

Date: Oct 29, 2008

Employment Safety and Elevation-Related Risks: Insights from CLARENCE JONES v. 414 EQUITIES LLC Introduction In the case of Clarence Jones v. 414 Equities LLC et al., adjudicated by the Appellate...

Homeowners Exempt from Labor Law Liability When They Do Not Control Work Methods: Ortega v. Puccia

Date: Oct 29, 2008

Homeowners Exempt from Labor Law Liability When They Do Not Control Work Methods: Ortega v. Puccia Introduction Ortega v. Puccia et al., 57 A.D.3d 54, is a significant appellate decision from the...

ETPA Does Not Protect Tenants in Illegally Converted Commercial Leases: Caldwell v. American Package Company, Inc.

Date: Oct 22, 2008

ETPA Does Not Protect Tenants in Illegally Converted Commercial Leases: Caldwell v. American Package Company, Inc. Introduction In the case of John Caldwell et al. v. American Package Company, Inc.,...

Partial Contractual Indemnification Enforceable under GOL § 5-322.1: Brooks v. Judlau Contracting

Date: Oct 22, 2008

Partial Contractual Indemnification Enforceable under GOL § 5-322.1: Brooks v. Judlau Contracting, Inc. Introduction In the landmark case Brooks v. Judlau Contracting, Inc., the Court of Appeals of...

Noerr-Pennington Doctrine Excluded in Libel Actions: Malice Requirement Affirmed

Date: Oct 22, 2008

Noerr-Pennington Doctrine Excluded in Libel Actions: Malice Requirement Affirmed Introduction The case Nohar Singh v. Sahadeo Sukhram and Frank Singh et al. (56 A.D.3d 187) adjudicated by the...

Nondelegable Duty and Vicarious Liability: Insights from Brothers v. New York State Electric and Gas Corp.

Date: Oct 22, 2008

Nondelegable Duty and Vicarious Liability: Insights from Brothers v. New York State Electric and Gas Corp. Introduction The case of Paul Brothers v. New York State Electric and Gas Corporation...

Affirmation of Juror Impartiality Protocols, Victim Testimony Credibility, and Expert Evidence Standards in Child Sexual Conduct Cases

Date: Oct 11, 2008

Affirmation of Juror Impartiality Protocols, Victim Testimony Credibility, and Expert Evidence Standards in Child Sexual Conduct Cases Introduction In the case of The People of the State of New York...

Summary Judgment in Medical Malpractice: Burden of Competent Evidence Established

Date: Sep 24, 2008

Summary Judgment in Medical Malpractice: Burden of Competent Evidence Established Introduction The case of Patricia Myers, as Executrix of Roy Myers, Deceased, Respondent, v. Neil Ferrara et al.,...

Redefining Attorney Fiduciary Duties: Insights from Ulico Casualty Co. v. Wilson et al.

Date: Sep 17, 2008

Redefining Attorney Fiduciary Duties: Insights from Ulico Casualty Co. v. Wilson et al. Introduction The case of Ulico Casualty Company v. Wilson, Elser, Moskowitz, Edelman Dicker et al. adjudicated...

Establishing Contractual Ambiguity Standards in ATM Branding Agreements: Duane Reade, Inc. v. Cardtronics, LP

Date: Aug 6, 2008

Establishing Contractual Ambiguity Standards in ATM Branding Agreements: Duane Reade, Inc. v. Cardtronics, LP Introduction The case of Duane Reade, Inc. v. Cardtronics, LP revolves around a...

Sufficiency and Specificity Requirements for Fraud and Defamation Claims in Employment Contract Cases: Mañas v. VMS Associates

Date: Jul 23, 2008

Sufficiency and Specificity Requirements for Fraud and Defamation Claims in Employment Contract Cases: Mañas v. VMS Associates Introduction The case of Daniela Mañas v. VMS Associates, LLC, Doing...

Non-Preemption of State Deceptive Practice Claims under TILA and the Role of Res Judicata in Consumer Restitution: People of New York v. Applied Card Systems, Inc.

Date: Jun 27, 2008

Non-Preemption of State Deceptive Practice Claims under TILA and the Role of Res Judicata in Consumer Restitution Introduction The case of People of the State of New York v. Applied Card Systems,...

Res Judicata and Corporate Succession: Landau, P.C. v. LaRossa, Mitchell Ross et al.

Date: Jun 26, 2008

Res Judicata and Corporate Succession: Landau, P.C. v. LaRossa, Mitchell Ross et al. (11 N.Y.3d 8) Introduction The case of Landau, P.C. v. LaRossa, Mitchell Ross et al. addresses pivotal issues...