New York Case Commentaries

Interpretation of "Premises" in Lease Agreements: Insights from South Road Associates v. IBM

Date: Mar 30, 2005

Interpretation of "Premises" in Lease Agreements: Insights from South Road Associates, LLC v. IBM Introduction The case of South Road Associates, LLC v. International Business Machines Corporation...

Enforceability of Unsigned Indemnification Agreements Under Workers' Compensation Law § 11

Date: Mar 30, 2005

Enforceability of Unsigned Indemnification Agreements Under Workers' Compensation Law § 11 Introduction The case of Moses Flores v. The Lower East Side Service Center, Inc. ("Flores v. LES"), decided...

Enhancing FAA Applicability in Interstate Commerce Contracts: Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp.

Date: Mar 25, 2005

Enhancing FAA Applicability in Interstate Commerce Contracts: Diamond Waterproofing Systems, Inc. v. 55 Liberty Owners Corp. Introduction The case of Diamond Waterproofing Systems, Inc. v. 55 Liberty...

Application of Res Judicata in Judicial Trust Accounting: Insights from Matter of the Estate of Blanche D. Hunter

Date: Mar 25, 2005

Application of Res Judicata in Judicial Trust Accounting: Insights from Matter of the Estate of Blanche D. Hunter Introduction The case of In the Matter of the Estate of Blanche D. Hunter, Deceased,...

Balancing Privacy and Public Interest under FOIL: Insights from NY Times Co. v. Fire Department

Date: Mar 25, 2005

Balancing Privacy and Public Interest under FOIL: Insights from New York Times Co. v. City of New York Fire Department Introduction The case New York Times Co. et al. v. City of New York Fire...

Affirmation of Felony Murder Conviction in PEOPLE v. SEEBER Establishes Rigorous Standards for Plea Withdrawals

Date: Feb 18, 2005

Affirmation of Felony Murder Conviction in PEOPLE v. SEEBER Establishes Rigorous Standards for Plea Withdrawals Introduction PEOPLE v. SEEBER, 4 N.Y.3d 780 (2005), is a landmark decision by the Court...

Successor Liability in Asset Purchases: Analysis of Van Nocker v. Demmerle Estate

Date: Feb 16, 2005

Successor Liability in Asset Purchases: Analysis of Van Nocker v. Demmerle Estate Introduction The case Donna Van Nocker, as Personal Representative of the Estate of Peter M. Demmerle, Deceased,...

State Responsibility and Local Control in Education: Analysis of NEW YORK CIVIL LIBERTIES UNION v. STATE of New York

Date: Feb 16, 2005

State Responsibility and Local Control in Education: Analysis of NEW YORK CIVIL LIBERTIES UNION v. STATE of New York Introduction In New York Civil Liberties Union et al. v. State of New York et al.,...

Juseinoski v. Board of Education of NYC: Standards for Default Judgment and Meritorious Defense

Date: Feb 8, 2005

Juseinoski v. Board of Education of NYC: Standards for Default Judgment and Meritorious Defense Introduction Juseinoski v. Board of Education of City of New York, 15 A.D.3d 353, is a landmark case...

Clarifying "Serious Injury" under Insurance Law § 5102(d): The Role of MRI Findings and Objective Physical Limitations in Cheryl Kearse v. New York City Transit Authority

Date: Feb 1, 2005

Clarifying "Serious Injury" under Insurance Law § 5102(d): The Role of MRI Findings and Objective Physical Limitations in Cheryl Kearse v. New York City Transit Authority Introduction In Cheryl...

Establishing Liability and Indemnification in Workplace Safety Cases: Insights from Perri v. Johnson Enterprises

Date: Feb 1, 2005

Establishing Liability and Indemnification in Workplace Safety Cases: Insights from Perri v. Gilbert Johnson Enterprises, Ltd. Introduction The case of Albert J. Perri, Appellant-Respondent versus...

Jurisdictional Sufficiency in Criminal Contempt: Analysis of THE PEOPLE OF THE STATE OF NEW YORK v. MAURICE SYLLA

Date: Jan 27, 2005

Jurisdictional Sufficiency in Criminal Contempt: Analysis of THE PEOPLE OF THE STATE OF NEW YORK v. MAURICE SYLLA Introduction THE PEOPLE OF THE STATE OF NEW YORK v. MAURICE SYLLA, 7 Misc. 3d 8...

Clarifying Active Concealment Under Caveat Emptor: Insights from Jablonski v. Rapalje

Date: Jan 11, 2005

Clarifying Active Concealment Under Caveat Emptor: Insights from Jablonski v. Rapalje Introduction The case of Stephen T.B. Jablonski v. Carolyn A. Rapalje et al. adjudicated by the Appellate...

Establishing the Threshold for Serious Injury Under Insurance Law §5102(d): Insights from Audley Bent v. Jackson

Date: Jan 5, 2005

Establishing the Threshold for Serious Injury Under Insurance Law §5102(d): Insights from Audley Bent v. Jackson Introduction The case of Audley Bent et al., Appellants, v. Albert S. Jackson et al.,...

Defining the Threshold for "Serious Injury" under NY Insurance Law § 5102(d): Thompson v. Abbasi & NA Taxi

Date: Jan 5, 2005

Defining the Threshold for "Serious Injury" under NY Insurance Law § 5102(d): Thompson v. Abbasi & NA Taxi Introduction Samuel Thompson, the appellant, appealed the decision of the Supreme Court,...

Preservation of Judicial Bias Claims and Counsel Effectiveness under CPL 60.50: PEOPLE v. PRADO (2004)

Date: Dec 17, 2004

Preservation of Judicial Bias Claims and Counsel Effectiveness under CPL 60.50: PEOPLE v. PRADO (2004) Introduction People of the State of New York v. Carlos Prado, 4 N.Y.3d 725 (2004), is a pivotal...

Indictment Dismissal for Inadequate Grand Jury Instructions on Justification: Samuels v. People of New York

Date: Nov 30, 2004

Indictment Dismissal for Inadequate Grand Jury Instructions on Justification: Samuels v. People of New York Introduction In the landmark case of The People of the State of New York v. Yvonne Samuels,...

Defining Permanent Total Disability: Rubeis v. Aqua Club Establishes Employability Standard under Workers' Compensation Law § 11

Date: Nov 24, 2004

Defining Permanent Total Disability: Rubeis v. Aqua Club Establishes Employability Standard under Workers' Compensation Law § 11 Introduction The case of Rubeis v. Aqua Club, Inc. represents a...

Nonhearsay Requirements in Juvenile Delinquency Proceedings: Insights from Matter of Michael M.

Date: Nov 24, 2004

Nonhearsay Requirements in Juvenile Delinquency Proceedings: Insights from Matter of Michael M. Introduction The landmark case Matter of Michael M. (3 N.Y.3d 441) addresses critical procedural...

Requirement of a Prerequisite Judgment for Direct Action Against Insurers: Lang v. Hanover Insurance Company

Date: Nov 19, 2004

Requirement of a Prerequisite Judgment for Direct Action Against Insurers: Lang v. Hanover Insurance Company Introduction Lang v. Hanover Insurance Company et al. is a pivotal case decided by the...