Implied Warranty of Merchantability Affirmed in Fall Arrest Block Liability Case Introduction In the case of Joseph A. Wojcik III et al. v. Empire Forklift, Inc., et al. (14 A.D.3d 63), the Appellate...
Corporate Tenant Liability Clarified: Bodner v. 150 Broadway N.Y. Associates Introduction In the landmark case of 150 Broadway N.Y. Associates, L.P. v. Mark L. Bodner et al., decided by the Appellate...
Statute of Frauds Bars Enforcement of Oral Retirement Benefit Agreements: SHEEHY v. CLIFFORD CHANCE ROGERS WELLS LLP Introduction In the landmark case of John J. SHEEHY v. CLIFFORD CHANCE ROGERS...
Exposure to Domestic Abuse Alone Does Not Constitute Child Neglect Under NY Family Court Act Introduction The case of Sharwline Nicholson v. Nicholas Scoppetta, Indi (3 N.Y.3d 357) adjudicated by the...
Strict Enforcement of Anti-Discrimination Laws Confirmed in FORREST v. JEWISH GUILD FOR THE BLIND Introduction In the landmark case of Paula FORREST v. JEWISH GUILD FOR THE BLIND et al. (3 N.Y.3d...
Clarifying the Boundaries of Depraved Indifference Murder: Payne v. The People (2004) Introduction Payne v. The People (3 N.Y.3d 266, Court of Appeals of the State of New York, 2004) marks a...
Insurers Cannot Pursue Derivative Claims Under NY Gen Bus Law § 349: Insights from Blue Cross & Blue Shield of NJ v. Philip Morris USA Inc. Introduction The case of Blue Cross and Blue Shield of New...
Carvel v. Noonan: Establishing the Limits of Tortious Interference with Prospective Economic Relations in New York Law Introduction The case of Carvel Corporation v. Elizabeth A. Noonan et al., 3...
Enforceability of Anticompetitive Covenants and Liquidated Damages in Employment Agreements: Insights from Crown IT Services, Inc. v. Janice Koval Olsen Introduction Crown IT Services, Inc. v. Janice...
Judicial Disqualification in Foreclosure Proceedings: DeRosa v. Chase Manhattan Mortgage Corp. Introduction The case of Anthony DeRosa v. Chase Manhattan Mortgage Corp. revolves around a foreclosure...
Delineating Duty of Care for Temporary Custodians: Insights from Sheila C. v. Povich Introduction Sheila C., an Infant, by Her Grandmother and Legal Guardian, Sheila Doe, Respondent-Appellant, v....
Enforcement of Royalty Recoupment Agreements in Recording Contracts: Noise in the Attic Productions v. London Records Introduction The case of Noise in the Attic Productions, Inc. (NITA) v. London...
Goldman v. Cotter: Excusable Default Due to Law Office Negligence under CPLR 5015(a)(1) Introduction In the appellate case of Goldman et al. v. Cotter et al. (10 A.D.3d 289), the New York Appellate...
Reversing CPLR 3211(a) Dismissal for Legal Malpractice Counterclaims: Insights from Weil v. Fashion Boutique Introduction The appellate case of Weil, Gotshal Manges, LLP v. Fashion Boutique of Short...
Clarifying Liability of Building Owners Under Labor Law §240(1): ABBATIELLO v. LANCASTER STUDIO ASSOCIATES Introduction ABBATIELLO v. LANCASTER STUDIO ASSOCIATES is a pivotal case adjudicated by the...
Insurers Maintain Right to Require Timely Notice of Litigation Despite Vehicle and Traffic Law § 370 Introduction The case of American Transit Insurance Company v. Anthony Sartor addresses a critical...
Effective Waiver of Counsel through Flexible Inquiry: People v. Providence Introduction People of the State of New York v. Eric Providence is a pivotal case decided by the Court of Appeals of the...
Unconstitutionality of Jury Deadlock Instruction in Capital Sentencing: PEOPLE v. LAVALLE Introduction In the landmark case of People of the State of New York v. Stephen S. LaValle (3 N.Y.3d 88,...
Enhancing Confrontation Rights: People v. Rogers and the Admissibility of Business Records Introduction In the case of The People of the State of New York v. Kevin S. Rogers, decided on June 24,...
Reinstatement of Libel Claims and Clarification on SLAPP Suit Parameters in Guerrero v. Carva Introduction Guerrero v. Carva et al. is a significant appellate decision from the Appellate Division of...