New York Case Commentaries

Affirmation of Criminal Contempt: Forfeiture of Challenges to Orders of Protection Following Guilty Pleas

Date: Jun 11, 2004

Affirmation of Criminal Contempt: Forfeiture of Challenges to Orders of Protection Following Guilty Pleas Introduction In the case of The People of the State of New York v. Eugene Konieczny, 2 N.Y.3d...

Strict Adherence to CPLR 3212(a): Reversal of Summary Judgment Timing in BRILL v. CITY OF NEW YORK

Date: Jun 11, 2004

Strict Adherence to CPLR 3212(a): Reversal of Summary Judgment Timing in BRILL v. CITY OF NEW YORK Introduction The case of Ona Brill et al. v. City of New York, 2 N.Y.3d 648, adjudicated by the...

Equitable Distribution of Professional Licenses in Divorce: Holterman v. Holterman

Date: Jun 11, 2004

Equitable Distribution of Professional Licenses in Divorce: Holterman v. Holterman Introduction Holterman v. Holterman is a pivotal case decided by the Court of Appeals of the State of New York on...

Interpretation of "Board Certified" in Workers' Compensation: BELMONTE v. SNASHALL Establishes Rigorous Standards for Independent Medical Examiners

Date: Jun 11, 2004

Interpretation of "Board Certified" in Workers' Compensation: BELMONTE v. SNASHALL Establishes Rigorous Standards for Independent Medical Examiners Introduction The case In the Matter of Dominic J....

Establishing Liability for Emotional Distress in Medical Malpractice: SHEPPARD-MOBLEY v. KING et al.

Date: Jun 8, 2004

Establishing Liability for Emotional Distress in Medical Malpractice: SHEPPARD-MOBLEY v. KING et al. Introduction The case of Sheppard-Mobley et al. v. Leslie A. King et al., adjudicated by the...

Establishing Standards for Substitution of Counsel: PEOPLE v. LINARES

Date: Jun 4, 2004

Establishing Standards for Substitution of Counsel: PEOPLE v. LINARES Introduction PEOPLE v. LINARES, 2 N.Y.3d 507 (2004), is a landmark decision by the Court of Appeals of the State of New York that...

Appellate Oversight on Jury Verdicts: Insights from McDermott v. Coffee Beanery & Love and Quiches Desserts

Date: May 21, 2004

Appellate Oversight on Jury Verdicts: Insights from McDermott v. Coffee Beanery & Love and Quiches Desserts Introduction The case of Siobhan McDermott et al. v. Coffee Beanery, Ltd., along with Love...

Forum Non Conveniens in International Banking: Shifting Jurisdiction in Shin-Etsu Chemical Co. v. ICICI Bank

Date: May 19, 2004

Forum Non Conveniens in International Banking: Shifting Jurisdiction in Shin-Etsu Chemical Co., Ltd. v. ICICI Bank Limited Introduction The appellate decision in Shin-Etsu Chemical Co., Ltd. v. ICICI...

Reaffirmed Standards for Protected Property Interests in 42 USC §1983 Land-Use Litigation: Insights from Bower Associates and Home Depot Cases

Date: May 14, 2004

Reaffirmed Standards for Protected Property Interests in 42 USC §1983 Land-Use Litigation: Insights from Bower Associates and Home Depot Cases Introduction The appellate decision in Bower Associates...

Termination of Grandparent Visitation Based on Change in Circumstances: Wilson v. McGlinchey

Date: May 14, 2004

Termination of Grandparent Visitation Based on Change in Circumstances: Wilson v. McGlinchey Introduction The case of Wilson v. McGlinchey (2 N.Y.3d 375) addresses the contentious issue of...

Duty to Warn on Neighboring Property: Galindo v. Clarkstown Establishes Clear Boundaries

Date: May 14, 2004

Duty to Warn on Neighboring Property: Galindo v. Clarkstown Establishes Clear Boundaries Introduction Galindo v. Clarkstown (2 N.Y.3d 633) is a landmark case adjudicated by the Court of Appeals of...

Affirmation of General Municipal Law § 205-e Liability in Police Fatality Cases

Date: May 12, 2004

Affirmation of General Municipal Law § 205-e Liability in Police Fatality Cases Introduction The case under consideration involves two consolidated appeals stemming from the tragic deaths of three...

Reversing Summary Judgment in Personal Injury: Carolyn Brown v. C. Francois Jean Achy et al.

Date: May 7, 2004

Reversing Summary Judgment in Personal Injury: Carolyn Brown v. C. Francois Jean Achy et al. Introduction The case of Carolyn Brown v. C. Francois Jean Achy et al. adjudicated by the Appellate...

Appealability of Final Orders of Protection in Criminal Cases: PEOPLE v. NIEVES Establishes New Precedent

Date: May 7, 2004

Appealability of Final Orders of Protection in Criminal Cases: PEOPLE v. NIEVES Establishes New Precedent Introduction The legal landscape concerning the appealability of protective orders in...

Foreseeability and Duty of Care in Event Security: Maheshwari v. City of New York

Date: May 7, 2004

Foreseeability and Duty of Care in Event Security: Maheshwari v. City of New York Introduction The case of Ram Krishna Maheshwari et al. v. City of New York et al. (2 N.Y.3d 288) adjudicated by the...

Pecoraro v. Board of Appeals of Town of Hempstead: Upholding Zoning Discretion in Area Variance Decisions

Date: May 5, 2004

Pecoraro v. Board of Appeals of Town of Hempstead: Upholding Zoning Discretion in Area Variance Decisions Introduction Pecoraro v. Board of Appeals of Town of Hempstead is a landmark case adjudicated...

New York City Human Rights Law and Municipal Immunity: Punitive Damages Not Recoverable

Date: May 5, 2004

New York City Human Rights Law and Municipal Immunity: Punitive Damages Not Recoverable Introduction The case of Paul A. Krohn and Alli Katt v. New York City Police Department et al. represents a...

Establishing the "Meaningful Representation" Standard for Ineffective Assistance of Appellate Counsel in PEOPLE v. STULTZ

Date: May 5, 2004

Establishing the "Meaningful Representation" Standard for Ineffective Assistance of Appellate Counsel in PEOPLE v. STULTZ Introduction People of the State of New York v. Clayton Stultz, decided by...

Opening the Door: Admissibility of Evidence in People v. Massie

Date: Apr 7, 2004

Opening the Door: Admissibility of Evidence in People v. Massie Introduction People v. Massie (2 N.Y.3d 179), adjudicated by the Court of Appeals of the State of New York on April 6, 2004, addresses...

Affirmation of Restriction on Sales Tax Refund Assignments in General Electric Capital Corp. v. New York State Division of Tax Appeals

Date: Apr 2, 2004

Affirmation of Restriction on Sales Tax Refund Assignments in General Electric Capital Corp. v. New York State Division of Tax Appeals Introduction The case of General Electric Capital Corporation v....