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  • Commentaries
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New York Case Commentaries

Strict Liability of Insurers under Navigation Law: Gesualdo v. Rosales Oil Company

Strict Liability of Insurers under Navigation Law: Gesualdo v. Rosales Oil Company

Date: Dec 18, 2024
Strict Liability of Insurers under Navigation Law: Gesualdo v. Rosales Oil Company Introduction The case of Michael Gesualdo, et al. v. Rosales Oil Company, Inc., et al. (2024 N.Y. Slip Op. 6185)...
Affirmation of Plaintiff's Claims in Ballinger v. City of Mount Vernon: Reaffirming Standards for False Arrest and Malicious Prosecution

Affirmation of Plaintiff's Claims in Ballinger v. City of Mount Vernon: Reaffirming Standards for False Arrest and Malicious Prosecution

Date: Dec 18, 2024
Affirmation of Plaintiff's Claims in Ballinger v. City of Mount Vernon: Reaffirming Standards for False Arrest and Malicious Prosecution Introduction The case of Phillip Ballinger v. City of Mount...
Defining Compassionate Sentencing under the Domestic Violence Survivors Justice Act: Insights from People v. A

Defining Compassionate Sentencing under the Domestic Violence Survivors Justice Act: Insights from People v. A

Date: Dec 18, 2024
Defining Compassionate Sentencing under the Domestic Violence Survivors Justice Act: Insights from People v. A Introduction In the landmark case of The People of the State of New York v. A (2024 N.Y....
R & G Brenner Income Tax Consultants v. Richard Gilmartin: Reinforcing CPLR 203(d) in Employment Contract Disputes

R & G Brenner Income Tax Consultants v. Richard Gilmartin: Reinforcing CPLR 203(d) in Employment Contract Disputes

Date: Dec 18, 2024
R & G Brenner Income Tax Consultants v. Richard Gilmartin: Reinforcing CPLR 203(d) in Employment Contract Disputes Introduction The case of R & G Brenner Income Tax Consultants, respondent, v....
Reasonable Assurance of Continued Employment Precludes Unemployment Benefits: Ficalora v. Commissioner of Labor

Reasonable Assurance of Continued Employment Precludes Unemployment Benefits: Ficalora v. Commissioner of Labor

Date: Dec 18, 2024
Reasonable Assurance of Continued Employment Precludes Unemployment Benefits: Ficalora v. Commissioner of Labor Introduction In the case of Susan Ficalora vs. Commissioner of Labor, the Supreme Court...
Affirmation of Denial of Unemployment Benefits Based on Reasonable Assurance of Continued Employment

Affirmation of Denial of Unemployment Benefits Based on Reasonable Assurance of Continued Employment

Date: Dec 18, 2024
Affirmation of Denial of Unemployment Benefits Based on Reasonable Assurance of Continued Employment Introduction The case of David Jensen versus the Commissioner of Labor addresses pivotal issues...
Establishing Substantial Evidence Standards in Underage Tobacco Sales Cases

Establishing Substantial Evidence Standards in Underage Tobacco Sales Cases

Date: Dec 18, 2024
Establishing Substantial Evidence Standards in Underage Tobacco Sales Cases Introduction The case of C & C Tobacco/Chuck's Gas Mart, Inc. v. Tompkins County Whole Health et al. (2024 N.Y. Slip Op....
Reaffirming CPLR 203(d): Allowing Equitable Recoupment in Professional Malpractice Counterclaims Despite Statute of Limitations

Reaffirming CPLR 203(d): Allowing Equitable Recoupment in Professional Malpractice Counterclaims Despite Statute of Limitations

Date: Dec 18, 2024
Reaffirming CPLR 203(d): Allowing Equitable Recoupment in Professional Malpractice Counterclaims Despite Statute of Limitations Introduction In the case of Getzel Schiff & Pesce, LLP v. Semyon...
Establishing Duty of Diligence: The Sanchez Suspension Case

Establishing Duty of Diligence: The Sanchez Suspension Case

Date: Dec 18, 2024
Establishing Duty of Diligence: The Sanchez Suspension Case Introduction The case of In the Matter of Cindy L. Sanchez represents a pivotal moment in the enforcement of professional conduct standards...
Enforceability of Contractual Indemnification Clauses with Negligence Triggers in New York Law

Enforceability of Contractual Indemnification Clauses with Negligence Triggers in New York Law

Date: Dec 18, 2024
Enforceability of Contractual Indemnification Clauses with Negligence Triggers in New York Law Introduction The case of Jason Vargas v. 622 Third Avenue Company LLC et al. adjudicated by the Supreme...
Supreme Court of New York Establishes Duty of Care for Organizational Oversight in Child Abuse Cases

Supreme Court of New York Establishes Duty of Care for Organizational Oversight in Child Abuse Cases

Date: Dec 18, 2024
Supreme Court of New York Establishes Duty of Care for Organizational Oversight in Child Abuse Cases Introduction In the landmark case of Marvens Camille v. Federation of Protestant Welfare Agencies,...
Vacation Village HOA v. Town of Fallsburg: Affirming Prescriptive Easement and Clarifying Private Nuisance Standards

Vacation Village HOA v. Town of Fallsburg: Affirming Prescriptive Easement and Clarifying Private Nuisance Standards

Date: Dec 18, 2024
Vacation Village HOA v. Town of Fallsburg: Affirming Prescriptive Easement and Clarifying Private Nuisance Standards Introduction In Vacation Village Homeowners Association, Inc. v. Town of Fallsburg...
Reaffirmation of Standards for Vacatur of Orders under CPLR 5015: Bank of New York v. Scarso

Reaffirmation of Standards for Vacatur of Orders under CPLR 5015: Bank of New York v. Scarso

Date: Dec 18, 2024
Reaffirmation of Standards for Vacatur of Orders under CPLR 5015 Introduction In the case of Bank of New York, N.A., etc., Appellant, v. Christine Scarso, Respondent, et al. (2024 N.Y. Slip Op....
Defendant’s Right to Pro Se Representation and Warrant Validity: A Comprehensive Analysis of People v. Poulos

Defendant’s Right to Pro Se Representation and Warrant Validity: A Comprehensive Analysis of People v. Poulos

Date: Dec 18, 2024
Defendant’s Right to Pro Se Representation and Warrant Validity: A Comprehensive Analysis of People v. Poulos Introduction In the landmark case of The People of the State of New York v. Tyson Poulos...
Validation of Appeal Waivers in Plea Agreements: Insights from The People of the State of New York v. Timothy Lane

Validation of Appeal Waivers in Plea Agreements: Insights from The People of the State of New York v. Timothy Lane

Date: Dec 18, 2024
Validation of Appeal Waivers in Plea Agreements: Insights from The People of the State of New York v. Timothy Lane 1. Introduction The case of The People of the State of New York v. Timothy Lane...
Disbarment for Prolonged Misappropriation of Client Funds: The John Richard Yetman Case

Disbarment for Prolonged Misappropriation of Client Funds: The John Richard Yetman Case

Date: Dec 18, 2024
Disbarment for Prolonged Misappropriation of Client Funds: The John Richard Yetman Case Introduction The In the Matter of John Richard Yetman case, adjudicated by the Supreme Court of New York,...
Lambro Industries v. Gilbert: Affirmation of Time-Barred Breach of Fiduciary Duty Claims

Lambro Industries v. Gilbert: Affirmation of Time-Barred Breach of Fiduciary Duty Claims

Date: Dec 18, 2024
Lambro Industries v. Gilbert: Affirmation of Time-Barred Breach of Fiduciary Duty Claims Introduction In the landmark case of Lambro Industries, Inc., et al. v. Howard E. Gilbert, et al. (2024 N.Y....
Strict Preservation Rules Uphold Prejudgment Interest Accrual Date: Sabine v. State of New York

Strict Preservation Rules Uphold Prejudgment Interest Accrual Date: Sabine v. State of New York

Date: Dec 18, 2024
Strict Preservation Rules Uphold Prejudgment Interest Accrual Date: Sabine v. State of New York Introduction In the landmark case of Michael Sabine v. State of New York (2024 N.Y. Slip Op. 6288), the...
New Precedent Affirming the City's Statutory Duty to Subsidize Every Offered Health Insurance Plan Up to the Statutory Cap

New Precedent Affirming the City's Statutory Duty to Subsidize Every Offered Health Insurance Plan Up to the Statutory Cap

Date: Dec 18, 2024
New Precedent Affirming the City's Statutory Duty to Subsidize Every Offered Health Insurance Plan Up to the Statutory Cap Introduction The recent decision in In the Matter of NYC Organization of...
Electronic Communications as Valid Prior Written Notice: A New Precedent in Municipal Liability

Electronic Communications as Valid Prior Written Notice: A New Precedent in Municipal Liability

Date: Dec 18, 2024
Electronic Communications as Valid Prior Written Notice: A New Precedent in Municipal Liability Introduction In the case of Henry E. Calabrese, Respondent, v. City of Albany, Appellant (2024 N.Y....
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