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  • Commentaries
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New York Case Commentaries

Reaffirming Summary Judgment Standards in Commercial Disputes: The Bauman Precedent

Reaffirming Summary Judgment Standards in Commercial Disputes: The Bauman Precedent

Date: Mar 15, 2025
Reaffirming Summary Judgment Standards in Commercial Disputes: The Bauman Precedent Introduction In the case of Margaret P. Bauman, Plaintiff-Respondent, v. Dennis R. Bauman, Back Hills Farm Corp.,...
Reinforcing Equitable Remedies: Reinstating Constructive Trust and Unilateral Mistake with Fraud Claims in Deed Reformation Disputes

Reinforcing Equitable Remedies: Reinstating Constructive Trust and Unilateral Mistake with Fraud Claims in Deed Reformation Disputes

Date: Mar 15, 2025
Reinforcing Equitable Remedies: Reinstating Constructive Trust and Unilateral Mistake with Fraud Claims in Deed Reformation Disputes Introduction In the recent decision of the Supreme Court of New...
Probable Cause and the Role of Observational Testimony in Automobile Searches

Probable Cause and the Role of Observational Testimony in Automobile Searches

Date: Mar 15, 2025
Probable Cause and the Role of Observational Testimony in Automobile Searches Introduction The case of The People of the State of New York v. Diquan Hall presents a significant development in the...
Unified Coverage for Interrelated Wrongful Acts: Redefining the “Related Wrongful Act” Principle

Unified Coverage for Interrelated Wrongful Acts: Redefining the “Related Wrongful Act” Principle

Date: Mar 14, 2025
Unified Coverage for Interrelated Wrongful Acts: Redefining the “Related Wrongful Act” Principle Introduction In the case of Zurich American Insurance Company v. Giorgio Armani Corporation, et al....
Refining Corporate Fiduciary Duties: New Clarifications on Loyalty, Aiding & Abetting, and Tortious Interference

Refining Corporate Fiduciary Duties: New Clarifications on Loyalty, Aiding & Abetting, and Tortious Interference

Date: Mar 14, 2025
Refining Corporate Fiduciary Duties: New Clarifications on Loyalty, Aiding & Abetting, and Tortious Interference Introduction In the recent decision of Young Adult Institute, Inc., et al. v. The...
New Precedent: Upholding Strict Accountability in Attorney Misconduct and Protective Order Violations

New Precedent: Upholding Strict Accountability in Attorney Misconduct and Protective Order Violations

Date: Mar 14, 2025
New Precedent: Upholding Strict Accountability in Attorney Misconduct and Protective Order Violations Introduction The judgment in the matter of Robert A. Walters represents a significant step in...
Enforcing Rigid Timelines: A New Paradigm in Scheduling Orders for Actively Managed Appeals

Enforcing Rigid Timelines: A New Paradigm in Scheduling Orders for Actively Managed Appeals

Date: Mar 14, 2025
Enforcing Rigid Timelines: A New Paradigm in Scheduling Orders for Actively Managed Appeals Introduction The judgment titled “In the Matter of Scheduling Orders and Applications for Extensions of...
Clarifying Fiduciary Obligations in Auction Consignment Accounting: A New Standard in Estate Administration

Clarifying Fiduciary Obligations in Auction Consignment Accounting: A New Standard in Estate Administration

Date: Mar 14, 2025
Clarifying Fiduciary Obligations in Auction Consignment Accounting: A New Standard in Estate Administration Introduction The judgment in In the Matter of the Estate of Jack R. Friedman, Deceased...
Establishing the Primacy of Actual Knowledge in Granting Late Notice of Claim in Municipal Liability Cases

Establishing the Primacy of Actual Knowledge in Granting Late Notice of Claim in Municipal Liability Cases

Date: Mar 14, 2025
Establishing the Primacy of Actual Knowledge in Granting Late Notice of Claim in Municipal Liability Cases Introduction This commentary examines the recent decision rendered by the Supreme Court of...
Establishing the Reasonable Cause Standard: Facial Sufficiency of Misdemeanor Complaints in Aggravated Unlicensed Driving Cases

Establishing the Reasonable Cause Standard: Facial Sufficiency of Misdemeanor Complaints in Aggravated Unlicensed Driving Cases

Date: Mar 14, 2025
Establishing the Reasonable Cause Standard: Facial Sufficiency of Misdemeanor Complaints in Aggravated Unlicensed Driving Cases Introduction In the recent decisions in People v. McKenzie Willis and...
Revisiting the Presumption of Compensability: New Criteria for Evidence Admissibility in Workers' Compensation Death Benefit Claims

Revisiting the Presumption of Compensability: New Criteria for Evidence Admissibility in Workers' Compensation Death Benefit Claims

Date: Mar 14, 2025
Revisiting the Presumption of Compensability: New Criteria for Evidence Admissibility in Workers' Compensation Death Benefit Claims Introduction The present case, In the Matter of the Claim of Donna...
Pre-policy Tolling Agreements and 'No Prior Knowledge' Requirements: A New Precedent in Legal Malpractice Insurance Coverage

Pre-policy Tolling Agreements and 'No Prior Knowledge' Requirements: A New Precedent in Legal Malpractice Insurance Coverage

Date: Mar 14, 2025
Pre-policy Tolling Agreements and 'No Prior Knowledge' Requirements: A New Precedent in Legal Malpractice Insurance Coverage Introduction In the case of Allied World Assurance Company (U.S.) Inc. v....
Establishing the Punitive Nature of Treble Damages under RPAPL 861

Establishing the Punitive Nature of Treble Damages under RPAPL 861

Date: Mar 14, 2025
Establishing the Punitive Nature of Treble Damages under RPAPL 861 Introduction This commentary examines the Court of Appeals of New York’s decision in the case titled “In the Matter of Lewis B....
Extraordinary Circumstances as the Threshold for Custody Modifications: A Paradigm Shift in Child Custody Determinations

Extraordinary Circumstances as the Threshold for Custody Modifications: A Paradigm Shift in Child Custody Determinations

Date: Mar 14, 2025
Extraordinary Circumstances as the Threshold for Custody Modifications: A Paradigm Shift in Child Custody Determinations Introduction The present judgment in Candy II. v. Kandice HH. et al....
Affirmation of Meaningful Representation: Establishing the Bounds on Vacatur Hearings under CPL 440.10

Affirmation of Meaningful Representation: Establishing the Bounds on Vacatur Hearings under CPL 440.10

Date: Mar 14, 2025
Affirmation of Meaningful Representation: Establishing the Bounds on Vacatur Hearings under CPL 440.10 Introduction This commentary examines the recent decision in The People of the State of New...
Preclusive Boundaries Established: Res Judicata and Statutory Limitations in Fraudulent Conveyance Claims

Preclusive Boundaries Established: Res Judicata and Statutory Limitations in Fraudulent Conveyance Claims

Date: Mar 14, 2025
Preclusive Boundaries Established: Res Judicata and Statutory Limitations in Fraudulent Conveyance Claims Introduction This Judgment arises from a dispute involving precious gemstone transactions...
Balancing Federal Preemption and State Mandates: The New Boundaries of Rental Car Insurance Coverage

Balancing Federal Preemption and State Mandates: The New Boundaries of Rental Car Insurance Coverage

Date: Mar 14, 2025
Balancing Federal Preemption and State Mandates: The New Boundaries of Rental Car Insurance Coverage Introduction In the case of Second Child, et al. v. Edge Auto, Inc., et al. (2025 N.Y. Slip Op....
Clarifying the Sincerity Requirement: The New Standard for Religious Exemptions Amid Employment Vaccine Mandates

Clarifying the Sincerity Requirement: The New Standard for Religious Exemptions Amid Employment Vaccine Mandates

Date: Mar 13, 2025
Clarifying the Sincerity Requirement: The New Standard for Religious Exemptions Amid Employment Vaccine Mandates Introduction This commentary examines the recent decision in In the Matter of the...
Affirmation of Discretionary Authority in Medical License Restoration Decisions

Affirmation of Discretionary Authority in Medical License Restoration Decisions

Date: Mar 13, 2025
Affirmation of Discretionary Authority in Medical License Restoration Decisions Introduction The case In the Matter of Peter J. Corines, Appellant, v. NYS Department of Education Office of the...
The Imperative of Valid Consideration in Mortgage Formation and Insurable Interests: An In-Depth Analysis

The Imperative of Valid Consideration in Mortgage Formation and Insurable Interests: An In-Depth Analysis

Date: Mar 13, 2025
The Imperative of Valid Consideration in Mortgage Formation and Insurable Interests: An In-Depth Analysis Introduction The case of Genesis Financial, Inc. v. Commonwealth Land Title Insurance Company...
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