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  • Commentaries
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New York Case Commentaries

Established Precedent on Liability Under Labor Law §§ 240(1) and 241(6) in Construction Accidents

Established Precedent on Liability Under Labor Law §§ 240(1) and 241(6) in Construction Accidents

Date: Jan 15, 2025
Established Precedent on Liability Under Labor Law §§ 240(1) and 241(6) in Construction Accidents Introduction In the case of Robert James v. Marini Homes, LLC, decided on January 9, 2025, the...
Establishing Adverse Possession: Insights from Gelles v. Sauvage

Establishing Adverse Possession: Insights from Gelles v. Sauvage

Date: Jan 15, 2025
Establishing Adverse Possession: Insights from Gelles v. Sauvage Introduction The case of Amy Gelles v. Pierre P. Sauvage (2025 N.Y. Slip Op. 155) adjudicated by the Supreme Court of New York, First...
Establishing Employment-Related COVID-19 Exposure: Martinez v. Domino Foods

Establishing Employment-Related COVID-19 Exposure: Martinez v. Domino Foods

Date: Jan 15, 2025
Establishing Employment-Related COVID-19 Exposure: Martinez v. Domino Foods Introduction The case of Victor Martinez versus Domino Foods, Inc. addresses a pivotal issue in workers' compensation...
Establishing Duty of Care to Third Parties in Modular Home Construction Contracts

Establishing Duty of Care to Third Parties in Modular Home Construction Contracts

Date: Jan 15, 2025
Establishing Duty of Care to Third Parties in Modular Home Construction Contracts Introduction The case of Donna Turan v. Union Modular Homes, LLC, et al., Defendants, and Westchester Modular Homes,...
Establishing Parental Neglect Based on Longstanding Behavioral Patterns: Kingston v. Clinton County Department of Social Services

Establishing Parental Neglect Based on Longstanding Behavioral Patterns: Kingston v. Clinton County Department of Social Services

Date: Jan 15, 2025
Establishing Parental Neglect Based on Longstanding Behavioral Patterns: Kingston v. Clinton County Department of Social Services Introduction The case of Kingston v. Clinton County Department of...
Defining Effective Assistance of Counsel and the Grounds for Vacatur: Insights from People v. Roque

Defining Effective Assistance of Counsel and the Grounds for Vacatur: Insights from People v. Roque

Date: Jan 15, 2025
Defining Effective Assistance of Counsel and the Grounds for Vacatur: Insights from People v. Roque Introduction In the landmark case of The People of the State of New York v. Michael M. Roque (2025...
Affirmation of Sales Comparison Method in Property Tax Assessments: Johnstown Comrie Associates, LLC v. Assessor for the City of Johnstown

Affirmation of Sales Comparison Method in Property Tax Assessments: Johnstown Comrie Associates, LLC v. Assessor for the City of Johnstown

Date: Jan 15, 2025
Affirmation of Sales Comparison Method in Property Tax Assessments: Johnstown Comrie Associates, LLC v. Assessor for the City of Johnstown Introduction In the case of Johnstown Comrie Associates, LLC...
Time-Barred Fraud and Conversion Claims in Limited Partnership Disputes: Insights from Black v. Phoenix Cayman Ltd.

Time-Barred Fraud and Conversion Claims in Limited Partnership Disputes: Insights from Black v. Phoenix Cayman Ltd.

Date: Jan 15, 2025
Time-Barred Fraud and Conversion Claims in Limited Partnership Disputes: Insights from Black v. Phoenix Cayman Ltd. Introduction In the landmark case of Andrew Black et al. v. Phoenix Cayman Ltd. et...
Establishing Liability in Athletic Coaching: Insights from Calkins v. Dernlan

Establishing Liability in Athletic Coaching: Insights from Calkins v. Dernlan

Date: Jan 15, 2025
Establishing Liability in Athletic Coaching: Insights from Calkins v. Dernlan Introduction In the landmark case of Connor Calkins v. Matthew Dernlan (2025 N.Y. Slip Op. 135), the Supreme Court of New...
New Precedent on Attorney Disciplinary Actions Across Jurisdictions: The Case of Christopher Broughton Shedlick

New Precedent on Attorney Disciplinary Actions Across Jurisdictions: The Case of Christopher Broughton Shedlick

Date: Jan 15, 2025
New Precedent on Attorney Disciplinary Actions Across Jurisdictions: The Case of Christopher Broughton Shedlick Introduction The judicial landscape in New York has been further shaped by the Supreme...
Supreme Court Upholds Retroactive Application of the Justice for Injured Workers Act (JIWA)

Supreme Court Upholds Retroactive Application of the Justice for Injured Workers Act (JIWA)

Date: Jan 15, 2025
Supreme Court Upholds Retroactive Application of the Justice for Injured Workers Act (JIWA) Introduction The case of Waldy Quinones Garcia v. Monadnock Construction, Inc. addresses the pivotal...
Establishing Causation in Workers' Compensation Claims: Insights from Gunness v. Prime Piping & Heating Inc.

Establishing Causation in Workers' Compensation Claims: Insights from Gunness v. Prime Piping & Heating Inc.

Date: Jan 15, 2025
Establishing Causation in Workers' Compensation Claims: Insights from Gunness v. Prime Piping & Heating Inc. Introduction The case of Arnold Gunness v. Prime Piping & Heating Inc. represents a...
Establishing the Ambiguity Standard for "Given Class" in Insurance Contracts and Limiting Damages under GBL § 349

Establishing the Ambiguity Standard for "Given Class" in Insurance Contracts and Limiting Damages under GBL § 349

Date: Jan 15, 2025
Establishing the Ambiguity Standard for "Given Class" in Insurance Contracts and Limiting Damages under GBL § 349 Introduction The present case, Richard Hobish, & c. et al. v. AXA Equitable Life...
Enhancing the Guarantee of Meaningful Representation: New Standards in Defense Counsel Performance

Enhancing the Guarantee of Meaningful Representation: New Standards in Defense Counsel Performance

Date: Jan 15, 2025
Enhancing the Guarantee of Meaningful Representation: New Standards in Defense Counsel Performance Introduction The case of The People & c., Respondent, v. Donkavius D. Howard, Appellant presents a...
Negligence Per Se Established in Morante v. Blaney: Implications for Traffic Law Compliance

Negligence Per Se Established in Morante v. Blaney: Implications for Traffic Law Compliance

Date: Jan 14, 2025
Negligence Per Se Established in Morante v. Blaney: Implications for Traffic Law Compliance Introduction In Claudia Morante v. Thomas E. Blaney, Jr., adjudicated by the Supreme Court of New York,...
Legal Commentary: Vacating Conviction for Criminal Possession of Stolen Property in Howell v. The People of New York

Legal Commentary: Vacating Conviction for Criminal Possession of Stolen Property in Howell v. The People of New York

Date: Jan 14, 2025
Vacating Conviction for Criminal Possession of Stolen Property: Howell v. The People of New York Introduction In the landmark case of The People of the State of New York v. Leon Howell (also known as...
Waiver of Personal Jurisdiction through Meritorious Participation: Medford v. Deutsche Bank

Waiver of Personal Jurisdiction through Meritorious Participation: Medford v. Deutsche Bank

Date: Jan 14, 2025
Waiver of Personal Jurisdiction through Meritorious Participation: Medford v. Deutsche Bank Introduction The case of Deutsche Bank National Trust Company, etc., v. Yolande Medford (2025 N.Y. Slip Op....
Affirmation of Default Judgment Standards under CPLR 317 and 5015(a): Insights from Gutierrez v. Hillside Hotel, LLC

Affirmation of Default Judgment Standards under CPLR 317 and 5015(a): Insights from Gutierrez v. Hillside Hotel, LLC

Date: Jan 14, 2025
Affirmation of Default Judgment Standards under CPLR 317 and 5015(a): Insights from Gutierrez v. Hillside Hotel, LLC Introduction The case of Norma Gutierrez v. Hillside Hotel, LLC (2025 N.Y. Slip...
Affirmation of Trespass and Nuisance Claims in Concerted Action: Insights from 25-86 41st Street, LLC v. Christine Guzman et al.

Affirmation of Trespass and Nuisance Claims in Concerted Action: Insights from 25-86 41st Street, LLC v. Christine Guzman et al.

Date: Jan 14, 2025
Affirmation of Trespass and Nuisance Claims in Concerted Action: Insights from 25-86 41st Street, LLC v. Christine Guzman et al. Introduction The case of 25-86 41st Street, LLC v. Christine Guzman et...
Affirmation of Parental Rights Termination in Permanent Neglect Cases: Insights from State v. Windham

Affirmation of Parental Rights Termination in Permanent Neglect Cases: Insights from State v. Windham

Date: Jan 14, 2025
Affirmation of Parental Rights Termination in Permanent Neglect Cases: Insights from State v. Windham Introduction In the landmark case of State v. Windham (2025 N.Y. Slip Op. 100), the Supreme Court...
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