New York Case Commentaries

Employer's Obligation to Specify Reasonable Accommodations: Pimentel v. Citibank

Date: Mar 17, 2006

Employer's Obligation to Specify Reasonable Accommodations: Pimentel v. Citibank (2006) Introduction Pimentel v. Citibank, N.A. is a landmark case adjudicated by the Appellate Division of the Supreme...

Defining 'Monetary Default' and Waiver in Lease Guaranties: Madison Ave Leasehold v. Madison Bentley Associates

Date: Mar 15, 2006

Defining 'Monetary Default' and Waiver in Lease Guaranties: Madison Ave Leasehold v. Madison Bentley Associates Introduction The case of Madison Avenue Leasehold, LLC v. Madison Bentley Associates...

Equitable Estoppel and Statutes of Limitations: Insights from ZUMPANO v. QUINN and Estate of Boyle v. Smith

Date: Feb 22, 2006

Equitable Estoppel and Statutes of Limitations: Insights from ZUMPANO v. QUINN and Estate of Boyle v. Smith Introduction The cases of John S. Zumpano, Appellant, v. James F. Quinn and Estate of Boyle...

Waiver of Appeal Rights and Appellate Division’s Interest-of-Justice Jurisdiction: Insights from PEOPLE v. LOPEZ et al.

Date: Feb 17, 2006

Waiver of Appeal Rights and Appellate Division’s Interest-of-Justice Jurisdiction: Insights from PEOPLE v. LOPEZ et al. Introduction The landmark decision in The People of the State of New York v....

Recognizing Second-Degree Murder as a Lesser Included Offense in First-Degree Intentional Felony Murder: PEOPLE v. MILLER and Rodriguez Commentary

Date: Feb 17, 2006

Recognizing Second-Degree Murder as a Lesser Included Offense in First-Degree Intentional Felony Murder: PEOPLE v. MILLER and Rodriguez Commentary Introduction The Court of Appeals of the State of...

CPLR 3101(a)(4) Notice Requirement Upholding the Validity of Subpoena Duces Tecum: Velez v. Hunts Point Multi-Service Center

Date: Feb 10, 2006

CPLR 3101(a)(4) Notice Requirement Upholding the Validity of Subpoena Duces Tecum Introduction The case of Caroline Velez, as Guardian of the Person and Property of Ramon S. Velez, an Incompetent,...

Strict Compliance with UCP Standards in Letter of Credit Transactions Affirmed in Blonder v. Citibank

Date: Feb 1, 2006

Strict Compliance with UCP Standards in Letter of Credit Transactions Affirmed in Blonder v. Citibank Introduction The case of Blonder Co., Inc. v. Citibank, N.A. (28 A.D.3d 180) adjudicated by the...

Limitations on Indemnification in Condominium Renovation Disputes: Edge Management v. Blank

Date: Jan 11, 2006

Limitations on Indemnification in Condominium Renovation Disputes: Edge Management v. Blank Introduction In the case of The Edge Management Consulting, Inc. v. Nancy Blank et al., adjudicated by the...

Fraudulent Conveyance in Landlord-Tenant Disputes: Insights from CIT Group v. 160-09 Jamaica Avenue LP

Date: Jan 4, 2006

Fraudulent Conveyance in Landlord-Tenant Disputes: Insights from CIT Group v. 160-09 Jamaica Avenue LP Introduction The case of CIT Group/Commercial Services, Inc. v. 160-09 Jamaica Avenue Limited...

Enforcement of CPLR 902 Timelines and NYCHRL Scope in Sona Shah v. Wilco Systems

Date: Dec 30, 2005

Enforcement of CPLR 902 Timelines and NYCHRL Scope in Sona Shah v. Wilco Systems Introduction In the appellate case of Sona Shah et al. v. Wilco Systems, Inc. (27 A.D.3d 169), the Appellate Division...

Halperin v. City of New Rochelle: Establishing the 'Arbitrary and Capricious' Standard for Municipal Zoning Board Decisions

Date: Dec 28, 2005

Halperin v. City of New Rochelle: Establishing the 'Arbitrary and Capricious' Standard for Municipal Zoning Board Decisions Introduction In the landmark case of Halperin et al. v. City of New...

New Precedent Limits Application of Depraved Indifference Murder in New York Homicide Cases

Date: Dec 23, 2005

New Precedent Limits Application of Depraved Indifference Murder in New York Homicide Cases Introduction In the landmark decisions of PEOPLE v. SUAREZ and People v. McPherson, the Court of Appeals of...

Judicial Review Bound to Agency Record: Rizzo v. New York State Division of Housing and Community Renewal

Date: Dec 21, 2005

Judicial Review Bound to Agency Record: Rizzo v. New York State Division of Housing and Community Renewal Introduction In the landmark case of Rizzo v. New York State Division of Housing and...

Confrontation Clause Reinforced: PEOPLE v. GOLDSTEIN Establishes New Precedent

Date: Dec 21, 2005

Confrontation Clause Reinforced: PEOPLE v. GOLDSTEIN Establishes New Precedent Introduction PEOPLE v. GOLDSTEIN (6 N.Y.3d 119) is a landmark decision by the Court of Appeals of the State of New York,...

Timely Notice Requirements Under Insurance Law § 3420(d): Analysis of Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines Insurance Company

Date: Dec 16, 2005

Timely Notice Requirements Under Insurance Law § 3420(d): Analysis of Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines Insurance Company Introduction The case of BOVIS LEND LEASE LMB, INC., et al....

Single Employer Doctrine in Public Entities: Insights from Strauss v. New York State Department of Education

Date: Dec 16, 2005

Single Employer Doctrine in Public Entities: Insights from Strauss v. New York State Department of Education Introduction Suzanne R. Strauss v. New York State Department of Education et al. is a...

Distinct Treatment of Interspousal Tort Actions in Matrimonial Proceedings: Insights from Chen v. Fischer

Date: Dec 16, 2005

Distinct Treatment of Interspousal Tort Actions in Matrimonial Proceedings: Insights from Chen v. Fischer Introduction The case of Xiao Yang Chen v. Ian Ira Fischer (6 N.Y.3d 94) presents a pivotal...

Clarifying 'Annual Premium' in Life Insurance Contracts: NY Court of Appeals Decision

Date: Nov 22, 2005

Clarifying 'Annual Premium' in Life Insurance Contracts: NY Court of Appeals Decision Introduction The recent decision by the Court of Appeals of the State of New York in the cases of Goldman v....

Assumption of Duty by Underwriters and Issuer's Counsel in Secured Debt Transactions – New Precedent in Negligence and Contribution Claims

Date: Nov 18, 2005

Assumption of Duty by Underwriters and Issuer's Counsel in Secured Debt Transactions – New Precedent in Negligence and Contribution Claims Introduction The legal landscape governing secured debt...

Nastasi v. Nastasi & Johansen: Clarifying Arbitration Stays, Notices of Pendency, and Constructive Trusts under CPLR

Date: Nov 15, 2005

Staying Actions Pending Arbitration and Constructive Trusts: Insights from Nastasi v. Nastasi & Johansen Introduction The case of Althea Nastasi v. Thomas Nastasi III and Arthur Johansen et al.,...