Strict Compliance with Filing Requirements Essential for Proper Commencement of CPLR Article 78 Proceedings Introduction The case of In the Matter of CHRISTOPHER P. GERSHEL v. HARRY PORR III (89...
Affirmation of Landlord's Right to Terminate Tenancy Upon Successful Succession Defense Introduction The case of MARK HUGHES, as Guardian of MATTHEW BLACK and as Executor of BETTINA BLACK, Deceased,...
Expansion of FOIL Access to Police Records: New Precedents in Gould, Scott, and DeFelice v. NYPD Introduction The Court of Appeals of the State of New York addressed significant matters concerning...
Liability for Negligent Misrepresentation in Commercial Investments: KIMMELL v. SCHAEFER Introduction In the landmark case of Lee H. Kimmell et al. v. Herman A. Schaefer (89 N.Y.2d 257), the Court of...
Defining the Commencement of Statute of Limitations in No-Fault Insurance Claims: Insights from MVAIC v. Aetna Casualty Surety Co. Introduction The case of Motor Vehicle Accident Indemnification...
New Precedent: Constitutional Tort Claims in New York's Court of Claims Introduction In the landmark case Ricky Brown et al. v. State of New York (89 N.Y.2d 172, 1996), the Court of Appeals of the...
Attorney Disqualification and Privilege Control in Corporate Mergers – Tekni-Plex v. Meyner & Landis Introduction The case of TEKNI-PLEX, INC. v. MEYNER AND LANDIS addresses critical issues...
Defining "Person Legally Responsible" in Child Protective Proceedings: Yolanda D. v. Orange County DSS Introduction The case of Yolanda D. v. Orange County Department of Social Services (88 N.Y.2d...
Affirming Industrial Development Agency's Condemnation Authority under EDPL and SEQRA Compliance Introduction Mobil Oil Corporation v. City of Syracuse Industrial Development Agency (SIDA) is a...
Warrantless Vehicle Impoundment and Inspection in Fatal Accidents: Analysis of People v. Quackenbush Introduction The case of People of the State of New York v. James Quackenbush (88 N.Y.2d 534,...
Landlord Liability Under Local Law 1: Constructive Notice of Lead Hazards Introduction The case of Peggy Juarez, an Infant, by Her Mother and Natural Guardian, Noemi Juarez, et al., Respondents, v....
Refining the Present Sense Impression Exception: Analysis of People v Vasquez, Dalton, and Adkinson Introduction The Court of Appeals of the State of New York's 1996 decision in the consolidated...
Prompt Suspension Law Upholds Due Process in Drunk Driving Cases Introduction The case of Michael Pringle v. Terrance M. Wolfe, et al., decided by the Court of Appeals of the State of New York on...
Strict Enforcement of Written Termination Notices in Executive Contracts: Analysis of Jaffe v. Paramount Communications Introduction The case of Stanley R. Jaffe v. Paramount Communications, Inc....
Affirming the State's Duty to Provide Adequate Medical Care to Inmates: Kagan v. State of New York Introduction The case of Dale A. Kagan v. State of New York addresses a critical aspect of inmates'...
Prosecutorial Misconduct Undermining Grand Jury Integrity: Analysis of People v. Huston Introduction People of the State of New York v. Joshua Samuel Huston (88 N.Y.2d 400), adjudicated by the Court...
Affirming the 'Out-of-Pocket' Rule: LAMA HOLDING COMPANY v. SMITH BARNEY INC. Sets Bounds on Damages for Fraud Claims Introduction The landmark case LAMA HOLDING COMPANY et al. v. SMITH BARNEY INC....
Affirmation of Defendant's Right to Waive Presence at Jury Selection Sidebars Established in People v. Vargas et al. Introduction In the landmark decision People of the State of New York v. Evero...
Clarification of 'Assault and Battery' Exclusions in Insurance Policies: Mount Vernon Fire Ins. Co. v. Creative Housing Ltd. Introduction The case of Mount Vernon Fire Insurance Company v. Creative...
Indemnification Agreements and CPLR 3213: Distinction from Guaranties Established in Weissman v. Sinorm Deli, Inc. Introduction Weissman v. Sinorm Deli, Inc. is a pivotal case decided by the Court of...