Unauthorized Settlement and Insurance Coverage: Vigilant Insurance Co. v. Bear Stearns Introduction The legal dispute between Vigilant Insurance Company and Bear Stearns Companies, Inc. centers on...
Broadening Charitable Exemptions under RPTL 420-a: Insights from Adult Home at Erie Station, Inc. v. Assessors of Middletown Introduction In the landmark case of Adult Home at Erie Station, Inc. v....
Appellate Division Affirms Application of Labor Law §240(1) in Workplace Ladder Safety Liability Introduction The case of Christian Hernandez v. Bethel United Methodist Church of New York (49 A.D.3d...
Expansion of Recoverable Consequential Damages in Insurance Breach Cases: Bi-Economy Market, Inc. v. Harleysville Insurance Company Introduction The case of Bi-Economy Market, Inc. v. Harleysville...
Recognition of Derivative Suits by LLC Members in New York Law Introduction The case of Soterios (Steve) Tzolis et al., Indi v. dually and in the Right and on Behalf of Pennington Property Co. and...
Mandatory Service Charges as Gratuities: New Precedent Under NY Labor Law § 196-d Introduction In the landmark case of Samiento et al. v. World Yacht Inc. et al., the Court of Appeals of the State of...
Broad Interpretation of "Taxes" in Purchase Agreements: Innophos, Inc. v. Rhodia, S.A. Introduction The legal landscape surrounding indemnification clauses in purchase agreements often hinges on the...
Helen Ornstein v. New York City Health and Hospitals Corp.: Rejection of Six-Month Limitation on Emotional Distress Damages in HIV Exposure Cases Introduction Helen Ornstein v. New York City Health...
Revising Standards for Amending Pleadings: Wrongful Death Claims Treated Under CPLR 3025(b) Introduction The case of Grace Ruth Lucido, as Administratrix of the Estate of Thomas Lucido, Deceased, v....
Establishing Employer Liability for Inadequate Fall Protection: Gerard Miglionico v. Bovis Lend Lease, Inc. Introduction The case of Gerard Miglionico v. Bovis Lend Lease, Inc. (47 A.D.3d 561)...
Actual Knowledge and Judicial Discretion in Late Notice of Claim Applications: A Commentary on Felice v. Eastport/South Manor Cent. School Dist. 1. Introduction The case of Rebecca Felice et al. v....
Indemnification and Liability in Construction Contracts: Insights from KWANG Ho KIM v. D W SHIN REALTY CORP. and ACP SEAFOOD CORP. (47 A.D.3d 616) Introduction The case of KWANG Ho KIM et al. v. D W...
Establishing Incapacity and Fair Proceedings in Foreclosure Actions: Insights from Willis E. Sears v. First Pioneer Farm Credit Introduction The case of WILLIS E. SEARS et al. v. FIRST PIONEER FARM...
Double Jeopardy Protections Affirmed in Criminal Possession of Forged Instruments Case Introduction In the case of The People of the State of New York v. Shannon Dallas (46 A.D.3d 489), decided on...
Res Judicata and Prison Disciplinary Proceedings: Insights from JOSEY v. GOORD Introduction The case of JOSEY v. GOORD, adjudicated by the Court of Appeals of the State of New York in December 2007,...
Establishing Personal Jurisdiction Through Attorney-Client Transactions: FISCHBARG v. DOUCET Analysis Introduction The case of GABRIEL FISCHBARG, Respondent, v. SUZANNE DOUCET, Also Known as SUZANNE...
Application of Rent Regulation Reform Act and Illusory Tenancy in Rent Overcharge Proceedings: Partnership 92 LP v. DHCR (46 A.D.3d 425) Introduction The case of Partnership 92 LP and Building...
CPLR 302(a)(1) and Personal Jurisdiction: The Case of Rachel Ehrenfeld v. Khalid Salim Bin Mahfouz Introduction The legal dispute between Rachel Ehrenfeld, an American author, and Khalid Salim Bin...
Collateral Source Offset for Disability Pensions under General Municipal Law §205-a: Terranova v. NYC Transit Authority Introduction The case of Edward Terranova v. New York City Transit Authority...
Reversing FOIL Exemption Burden: Data Tree, LLC v. Edward P. Romaine Introduction Data Tree, LLC v. Edward P. Romaine is a landmark case decided by the Court of Appeals of the State of New York on...