Effect of Disclaimers and Trial Periods on Misrepresentation Claims under GBL §§349 and 350: WALTER SCOTT v. BELL ATLANTIC CORPORATION Introduction The case of WALTER SCOTT, ET AL. v. BELL ATLANTIC...
Narducci v. Manhasset Bay Associates: Defining the Limits of Labor Law § 240(1) in Falling Object Injuries Introduction The case of Narducci et al. v. Manhasset Bay Associates et al. (96 N.Y.2d 259)...
Continuous Representation Doctrine Applied to Legal Malpractice Limitation Period Introduction The case of David Shumsky et al. v. Paul Eisenstein, decided by the Court of Appeals of the State of New...
New Precedent on Statute of Limitations for Consumer Protection Claims under General Business Law § 349 Introduction The case FRANK J. GAIDON, c., ET AL., RESPONDENTS, v. THE GUARDIAN LIFE INSURANCE...
Limitation of Damages in Breach of Insurance Obligation: Inchaustegui v. 666 5th Avenue Limited Partnership Introduction Inchaustegui v. 666 5th Avenue Limited Partnership is a pivotal case decided...
Limits on Duty of Care and Market Share Liability in Firearm Manufacturers' Litigation: HAMILTON v. ACCU-TEK Introduction HAMILTON v. ACCU-TEK, adjudicated on April 26, 2001, by the Court of Appeals...
Duty of Care for Building Managing Agents in Foreseeable Criminal Acts: Wayburn v. Madison Land Ltd Partnership Introduction In the case of Wayburn et al. v. Madison Land Limited Partnership et al....
Emergency Doctrine in Negligence: CARISTO v. SANZONE Establishes Limits Introduction Antoinette Caristo et al. v. Augustine Sanzone et al., 96 N.Y.2d 172 (2001), is a pivotal case decided by the...
Negligence Per Se and Local Ordinances: Insights from ELLIOTT v. CITY OF NEW YORK Introduction ELLIOTT v. CITY OF NEW YORK et al. is a seminal case decided by the Court of Appeals of the State of New...
Severability of Overbroad Warrant Elements and the Plain View Doctrine: Insights from People v. Brown Introduction In the landmark case The People C. v. Jack Brown, decided by the Court of Appeals of...
Disproportionate Penalties in Police Conduct Cases: Insights from Kelly v. Safir and Meagher v. Safir Introduction The cases of Timothy Kelly v. Howard Safir, et al. and Justin Meagher v. Howard...
Defining "Professional" in Nonmedical Malpractice: Insights from Chase Scientific Research v. NIA Group Introduction The case of Chase Scientific Research, Inc. v. NIA Group, Inc. marks a significant...
Strict Liability Under Labor Law § 240(1) for Falls from Unprotected Openings Introduction In the case of Gerald John v. Franklin Baherstani, et al. (281 A.D.2d 114), the Appellate Division of the...
Landlord Liability and Smoke Detector Compliance: Insights from Acevedo v. Audubon Management Introduction The landmark case Acevedo, Etc., Plaintiffs-Respondents v. Audubon Management, Inc.,...
Reaffirming the Anders Doctrine: Ensuring Effective Appellate Representation for Indigent Defendants in New York Introduction THE PEOPLE C., RESPONDENT, v. ROGER STOKES, APPELLANT (95 N.Y.2d 633) is...
Establishing Privity in Negligent Misrepresentation: Insights from Parrott v. Coopers Lybrand Introduction The case of Harold Tod Parrott, Appellant, v. Coopers Lybrand, L.L.P., Respondent (95 N.Y.2d...
Internal Departmental Procedures Do Not Constitute Legal Mandates for §205-e Claims: Galapo v. City of New York Introduction The case Helen L. Galapo, et al. v. City of New York, et al., decided by...
Affirming Parole Board's Discretion to Consider Remorse and Insight in Alford Plea Cases: Silmon v. Travis Introduction The case of Herman Silmon v. Brion D. Travis, decided by the Court of Appeals...
Non-Jurisdictional Nature of Hearsay Defects in Local Criminal Informations Established Introduction The case of The People v. John Casey, 95 N.Y.2d 354, adjudicated by the Court of Appeals of the...
Exemption of Hazard Vehicles from Road Rules: Comprehensive Analysis of Riley v. County of Broome and Wilson v. State of New York Introduction The landmark decision in Riley v. County of Broome et...