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  • Commentaries
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New York Case Commentaries

Establishing the 'Aggravation of Preexisting Conditions' Principle in Disability Retirement: Stefanik v. Gardner

Establishing the 'Aggravation of Preexisting Conditions' Principle in Disability Retirement: Stefanik v. Gardner

Date: Jan 24, 2025
Establishing the 'Aggravation of Preexisting Conditions' Principle in Disability Retirement: Stefanik v. Gardner 1. Introduction The case of Scott Stefanik v. Colleen Gardner represents a significant...
Affirmation of Sexual Abuse Conviction Reinforces the Sufficiency of Corroborative Evidence and Victim Credibility in Child Endangerment Cases

Affirmation of Sexual Abuse Conviction Reinforces the Sufficiency of Corroborative Evidence and Victim Credibility in Child Endangerment Cases

Date: Jan 24, 2025
Affirmation of Sexual Abuse Conviction Reinforces the Sufficiency of Corroborative Evidence and Victim Credibility in Child Endangerment Cases Introduction In the case of The People of the State of...
Establishing the Boundaries of Causation in Medical Malpractice: Guthier v. DiPreta et al. (2025)

Establishing the Boundaries of Causation in Medical Malpractice: Guthier v. DiPreta et al. (2025)

Date: Jan 23, 2025
Establishing the Boundaries of Causation in Medical Malpractice: Guthier v. DiPreta et al. (2025) Introduction Sharon Guthier v. John DiPreta et al., decided by the Supreme Court of New York, Third...
Enforceability of NDAs Under Duress: Insights from Guzel Ganieva v. Leon Black

Enforceability of NDAs Under Duress: Insights from Guzel Ganieva v. Leon Black

Date: Jan 23, 2025
Enforceability of NDAs Under Duress: Insights from Guzel Ganieva v. Leon Black Introduction The case of Guzel Ganieva v. Leon Black, decided by the Supreme Court of New York, First Department in...
Establishing Fiduciary Duties in LLC Formation: Insights from Amici v. Mazza

Establishing Fiduciary Duties in LLC Formation: Insights from Amici v. Mazza

Date: Jan 23, 2025
Establishing Fiduciary Duties in LLC Formation: Insights from Amici v. Mazza Introduction Thomas Amici, a contractor and joint owner of a real estate business, initiated legal action against his...
Clarifying Duty of Care and Assumption of Risk in Bystander Injury: Hankey v. Ogdensburg City School District

Clarifying Duty of Care and Assumption of Risk in Bystander Injury: Hankey v. Ogdensburg City School District

Date: Jan 23, 2025
Clarifying Duty of Care and Assumption of Risk in Bystander Injury: Hankey v. Ogdensburg City School District Introduction The case of Brandon M. Hankey et al. vs. Ogdensburg City School District...
Ensuring Procedural Due Process in Designating Sexually Violent Offenders under SORA: People v. Schultz

Ensuring Procedural Due Process in Designating Sexually Violent Offenders under SORA: People v. Schultz

Date: Jan 23, 2025
Ensuring Procedural Due Process in Designating Sexually Violent Offenders under SORA: People v. Schultz Introduction The case of The People of the State of New York v. Kyle Schultz (2025 N.Y. Slip...
Affirmation of State Occupational Health and Safety Claims in the Context of Federal Preemption: Scaletta v. Michels Power, Inc.

Affirmation of State Occupational Health and Safety Claims in the Context of Federal Preemption: Scaletta v. Michels Power, Inc.

Date: Jan 23, 2025
Affirmation of State Occupational Health and Safety Claims in the Context of Federal Preemption: Scaletta v. Michels Power, Inc. Introduction In the landmark case of Brandon Scaletta v. Michels...
The Necessity of a Complete Record for Appellate Review in Suppression Motions: People v. Crowley

The Necessity of a Complete Record for Appellate Review in Suppression Motions: People v. Crowley

Date: Jan 23, 2025
The Necessity of a Complete Record for Appellate Review in Suppression Motions: People v. Crowley Introduction The case of The People of the State of New York v. Jamie I. Crowley (2025 N.Y. Slip Op....
Supreme Court Precedent on Concealed Usurious Loans via Corporate Entities

Supreme Court Precedent on Concealed Usurious Loans via Corporate Entities

Date: Jan 23, 2025
Supreme Court Precedent on Concealed Usurious Loans via Corporate Entities Introduction In the landmark case NY 2015 Boat LLC v. Eric Shapiro, et al., adjudicated by the Supreme Court of New York,...
Adherence to Police Inventory Search Policies: A New Legal Precedent

Adherence to Police Inventory Search Policies: A New Legal Precedent

Date: Jan 23, 2025
Adherence to Police Inventory Search Policies: A New Legal Precedent Introduction In the case of The People of the State of New York v. Kenneth Gray (2025 N.Y. Slip Op. 249), the Supreme Court of New...
Clarity in Deed Language Essential for Easement Extinguishment: Insights from Camp Bearberry, LLC v. Rachel Khanna

Clarity in Deed Language Essential for Easement Extinguishment: Insights from Camp Bearberry, LLC v. Rachel Khanna

Date: Jan 23, 2025
Clarity in Deed Language Essential for Easement Extinguishment: Insights from Camp Bearberry, LLC v. Rachel Khanna Introduction The case Camp Bearberry, LLC v. Rachel Khanna (2025 N.Y. Slip Op. 254)...
Establishing Legal Sufficiency in DWI Convictions: People v. Sheryl Erfurt

Establishing Legal Sufficiency in DWI Convictions: People v. Sheryl Erfurt

Date: Jan 23, 2025
Establishing Legal Sufficiency in DWI Convictions: People v. Sheryl Erfurt Introduction In the landmark case of The People of the State of New York v. Sheryl Erfurt (2025 N.Y. Slip Op. 247), the...
Concurrent Sentencing in Weapon Possession Cases: Analyzing People v. Dorvil

Concurrent Sentencing in Weapon Possession Cases: Analyzing People v. Dorvil

Date: Jan 23, 2025
Concurrent Sentencing in Weapon Possession Cases: Analyzing People v. Dorvil Introduction People of the State of New York v. Niam Dorvil (2025 N.Y. Slip Op. 246) is a pivotal case adjudicated by the...
Strict Adherence to Municipal Prior Written Notice Requirements in Parking Lot Incidents: Insights from Lazifa S. Gurbanova v. City of Ithaca

Strict Adherence to Municipal Prior Written Notice Requirements in Parking Lot Incidents: Insights from Lazifa S. Gurbanova v. City of Ithaca

Date: Jan 23, 2025
Strict Adherence to Municipal Prior Written Notice Requirements in Parking Lot Incidents: Insights from Lazifa S. Gurbanova v. City of Ithaca Introduction The case of Lazifa S. Gurbanova,...
Approval of Extended Lease for Religious Corporation: A New Precedent under Religious Corporations Law § 12 and Not-for-Profit Corporation Law § 511

Approval of Extended Lease for Religious Corporation: A New Precedent under Religious Corporations Law § 12 and Not-for-Profit Corporation Law § 511

Date: Jan 23, 2025
Approval of Extended Lease for Religious Corporation: A New Precedent under Religious Corporations Law § 12 and Not-for-Profit Corporation Law § 511 Introduction In the case In the Matter of East...
Establishing Liability under Labor Law §241(6) and 12 NYCRR 23-1.7(d): Insights from Medina v. 1277 Holdings, LLC

Establishing Liability under Labor Law §241(6) and 12 NYCRR 23-1.7(d): Insights from Medina v. 1277 Holdings, LLC

Date: Jan 23, 2025
Establishing Liability under Labor Law §241(6) and 12 NYCRR 23-1.7(d): Insights from Medina v. 1277 Holdings, LLC Introduction The case of Victor Medina v. 1277 Holdings, LLC, decided by the Supreme...
CPLR 5015(a) and RPAPL 1501(4): Interpretation in Mortgage Discharge Cases – Karpa Realty Group v. Deutsche Bank

CPLR 5015(a) and RPAPL 1501(4): Interpretation in Mortgage Discharge Cases – Karpa Realty Group v. Deutsche Bank

Date: Jan 23, 2025
CPLR 5015(a) and RPAPL 1501(4): Interpretation in Mortgage Discharge Cases – Karpa Realty Group v. Deutsche Bank Introduction The case of Karpa Realty Group, LLC v. Deutsche Bank National Trust...
Clarifying CPLR 3211(a)(7) Standards in Legal Malpractice Claims: Ofman v. Richland

Clarifying CPLR 3211(a)(7) Standards in Legal Malpractice Claims: Ofman v. Richland

Date: Jan 23, 2025
Clarifying CPLR 3211(a)(7) Standards in Legal Malpractice Claims: Ofman v. Richland Introduction In the landmark case of Mendel E. Ofman v. Daniel H. Richland et al., decided by the Supreme Court of...
Clarifying the Dismissal of Cross-Claims under CPLR 3211(a)(7): Insights from Pinkesz v. Massachusetts Mutual

Clarifying the Dismissal of Cross-Claims under CPLR 3211(a)(7): Insights from Pinkesz v. Massachusetts Mutual

Date: Jan 23, 2025
Clarifying the Dismissal of Cross-Claims under CPLR 3211(a)(7): Insights from Pinkesz v. Massachusetts Mutual Introduction In the landmark case of Anthony Pinkesz v. Massachusetts Mutual Life...
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