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  • Commentaries
  • Judgments

New York Case Commentaries

Clarifying the Inviolability of the Singular Award Threshold in No-Fault Insurance Disputes

Clarifying the Inviolability of the Singular Award Threshold in No-Fault Insurance Disputes

Date: Mar 13, 2025
Clarifying the Inviolability of the Singular Award Threshold in No-Fault Insurance Disputes Introduction The case of American Transit Insurance Company v. Comfort Choice Chiropractic, P.C. presents a...
Demand-Based Accrual Principle in Recovery of School Taxes under Education Law §3203

Demand-Based Accrual Principle in Recovery of School Taxes under Education Law §3203

Date: Mar 13, 2025
Demand-Based Accrual Principle in Recovery of School Taxes under Education Law §3203 Introduction The case of North Shore Central School District, respondent–appellant, v. Glen Cove City School...
Clarifying Insurable Interest and Imputed Fraud in Title Insurance: A New Precedent

Clarifying Insurable Interest and Imputed Fraud in Title Insurance: A New Precedent

Date: Mar 13, 2025
Clarifying Insurable Interest and Imputed Fraud in Title Insurance: A New Precedent Introduction The case of 53 Spencer Realty, LLC v. Fidelity National Title Insurance Company (2025 N.Y. Slip Op....
Refined Standards for Summary Judgment and Vicarious Liability in Medical Malpractice

Refined Standards for Summary Judgment and Vicarious Liability in Medical Malpractice

Date: Mar 13, 2025
Refined Standards for Summary Judgment and Vicarious Liability in Medical Malpractice Introduction This commentary examines the Supreme Court of New York, Second Department decision in the case of...
Affirming the Corroborative Evidence Standard in Accomplice Testimony: Insights from People v. Silverstein

Affirming the Corroborative Evidence Standard in Accomplice Testimony: Insights from People v. Silverstein

Date: Mar 13, 2025
Affirming the Corroborative Evidence Standard in Accomplice Testimony: Insights from People v. Silverstein Introduction The Judgment rendered in The People of the State of New York v. Kurt...
Clarifying Lien Law § 39-a: New Standards in Awarding Attorneys' Fees for Willful Exaggeration Claims

Clarifying Lien Law § 39-a: New Standards in Awarding Attorneys' Fees for Willful Exaggeration Claims

Date: Mar 13, 2025
Clarifying Lien Law § 39-a: New Standards in Awarding Attorneys' Fees for Willful Exaggeration Claims Introduction In the recent decision of the Supreme Court of New York, Second Department (Consumer...
Clarifying Extensions of Time: New Precedents Under 22 NYCRR 1250

Clarifying Extensions of Time: New Precedents Under 22 NYCRR 1250

Date: Mar 13, 2025
Clarifying Extensions of Time: New Precedents Under 22 NYCRR 1250 Introduction This commentary examines the recent Judgment issued by the Supreme Court of New York, Second Department, titled "In the...
Clarifying Enforcement Limits in Mechanic’s Lien Disputes: The Role of Stipulated Settlements and Unpleaded Cross-Claims

Clarifying Enforcement Limits in Mechanic’s Lien Disputes: The Role of Stipulated Settlements and Unpleaded Cross-Claims

Date: Mar 13, 2025
Clarifying Enforcement Limits in Mechanic’s Lien Disputes: The Role of Stipulated Settlements and Unpleaded Cross-Claims Introduction The case of Consumer Protection Restoration, LLC, et al. v....
Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances

Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances

Date: Mar 13, 2025
Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances Introduction The present case, In the Matter of Herbert G. Pitkowsky, involves a...
Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1

Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1

Date: Mar 13, 2025
Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1 Introduction In the recent decision of Consumer Protection Restoration, LLC, et al. v. Hickory House...
Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records

Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records

Date: Mar 13, 2025
Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records Introduction The Judgment in "In the Matter of Charles Lane, appellant, v. County of Suffolk, et al." represents...
Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent

Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent

Date: Mar 13, 2025
Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent Introduction The case of Incorporated Village of Freeport v. People of State of New York, et al. involves a complex...
New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions

New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions

Date: Mar 13, 2025
New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions Introduction The case of LaSalle Bank National Association, etc., v. Mohammed Jaynal Abedin, et al. (2025...
New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem

New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem

Date: Mar 13, 2025
New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem Introduction This commentary reviews the landmark decision in HSBC Bank USA, etc., v. Alfredo Lem...
Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362

Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362

Date: Mar 13, 2025
Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362 Introduction This commentary examines the recent decision in the consolidated case...
Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief

Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief

Date: Mar 13, 2025
Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief Introduction The case of Simon. Kinsella, et al. v. Long Island Power Authority, et al. presents a complex...
Establishing the Threshold for Medical Neglect: The Imminent Danger Standard in Parental Care

Establishing the Threshold for Medical Neglect: The Imminent Danger Standard in Parental Care

Date: Mar 13, 2025
Establishing the Threshold for Medical Neglect: The Imminent Danger Standard in Parental Care Introduction This commentary examines the recent Supreme Court of New York, Second Department decision in...
Establishing a Reasonable Excuse Standard for Vacating Default Orders in Personal Injury Cases

Establishing a Reasonable Excuse Standard for Vacating Default Orders in Personal Injury Cases

Date: Mar 13, 2025
Establishing a Reasonable Excuse Standard for Vacating Default Orders in Personal Injury Cases Introduction In the case of Bayron Chay Mo v. Ultra Dimension Place, LLC, et al., the Supreme Court of...
Establishing Standards for Dismissal of Duplicative Claims and Piercing the Corporate Veil

Establishing Standards for Dismissal of Duplicative Claims and Piercing the Corporate Veil

Date: Mar 13, 2025
Establishing Standards for Dismissal of Duplicative Claims and Piercing the Corporate Veil Introduction The Judgment in Lyle Crawford, etc., et al., respondents, vs. Integrated Asset Management...
Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases

Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases

Date: Mar 11, 2025
Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases Introduction The case of People of the State of New York v. Fabian Coke (2025 N.Y. Slip Op. 1297)...
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