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  • Commentaries
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New York Case Commentaries

Limits to Red Light Camera Fines Clarified Under VTL §1111-b: McGrath v. Suffolk County

Limits to Red Light Camera Fines Clarified Under VTL §1111-b: McGrath v. Suffolk County

Date: Nov 28, 2024
Limits to Red Light Camera Fines Clarified Under VTL §1111-b: McGrath v. Suffolk County Introduction Robert McGrath, Jr., et al. v. Suffolk County, et al. is a landmark case adjudicated by the...
Shifting Tort Liability for Defective Sidewalks: Insights from Jose A. Santiago v. 527 Grand, LLC

Shifting Tort Liability for Defective Sidewalks: Insights from Jose A. Santiago v. 527 Grand, LLC

Date: Nov 28, 2024
Shifting Tort Liability for Defective Sidewalks: Insights from Jose A. Santiago v. 527 Grand, LLC Introduction The case of Jose A. Santiago v. 527 Grand, LLC, et al. adjudicated by the Supreme Court...
Enhanced Duty of Care in Residential Facilities: Spielman v. Glenwyck Development, LLC

Enhanced Duty of Care in Residential Facilities: Spielman v. Glenwyck Development, LLC

Date: Nov 28, 2024
Enhanced Duty of Care in Residential Facilities: Spielman v. Glenwyck Development, LLC 1. Introduction Spielman v. Glenwyck Development, LLC, et al. is a landmark case adjudicated by the Supreme...
Reinforcing Standards for 'Serious Injury' under Insurance Law § 5102(d): The Williams v. Ithaca Dispatch Decision

Reinforcing Standards for 'Serious Injury' under Insurance Law § 5102(d): The Williams v. Ithaca Dispatch Decision

Date: Nov 28, 2024
Reinforcing Standards for 'Serious Injury' under Insurance Law § 5102(d): The Williams v. Ithaca Dispatch Decision Introduction The case Raquel I. Williams v. Ithaca Dispatch, Inc. examines the...
Enforceability of Suit Limitation Provisions in Insurance Contracts: Farage v. Tower Insurance

Enforceability of Suit Limitation Provisions in Insurance Contracts: Farage v. Tower Insurance

Date: Nov 27, 2024
Enforceability of Suit Limitation Provisions in Insurance Contracts: Farage v. Tower Insurance Introduction Regina Farage v. Associated Insurance Management Corp., et al., Defendants, Tower Insurance...
Collateral Review Rights for Non-Parties in Fee Award Disputes: A New Path in Kasowitz v. JPMorgan Chase

Collateral Review Rights for Non-Parties in Fee Award Disputes: A New Path in Kasowitz v. JPMorgan Chase

Date: Nov 27, 2024
Collateral Review Rights for Non-Parties in Fee Award Disputes: A New Path in Kasowitz v. JPMorgan Chase Introduction The case at bar, rendered in “In the Matter of Kasowitz, Benson, Torres &...
Ministerial Exception Affirmative Defense Clarified in Ibhawa v. NY State Division of Human Rights

Ministerial Exception Affirmative Defense Clarified in Ibhawa v. NY State Division of Human Rights

Date: Nov 27, 2024
Ministerial Exception Affirmative Defense Clarified in Ibhawa v. New York State Division of Human Rights Introduction In the landmark case of Ibhawa, Appellant, v. New York State Division of Human...
Admissibility of Eyewitness Reliability Factors: People v. Vaughn (2024) Establishes Updated Standards

Admissibility of Eyewitness Reliability Factors: People v. Vaughn (2024) Establishes Updated Standards

Date: Nov 27, 2024
Admissibility of Eyewitness Reliability Factors: People v. Vaughn (2024) Establishes Updated Standards Introduction In the landmark case People & c., Respondent, v. David Vaughn, Appellant (2024 N.Y....
FAPA Reinforces Statute of Limitations in Foreclosure Actions: Wilmington Trust v. Farkas

FAPA Reinforces Statute of Limitations in Foreclosure Actions: Wilmington Trust v. Farkas

Date: Nov 26, 2024
FAPA Reinforces Statute of Limitations in Foreclosure Actions: Wilmington Trust v. Farkas Introduction The case of Wilmington Trust, National Association et al. v. Judy Farkas addresses critical...
Enhanced Analysis of CPLR 1001(b) in Determining Necessary Parties: Furnia Estate Ruling

Enhanced Analysis of CPLR 1001(b) in Determining Necessary Parties: Furnia Estate Ruling

Date: Nov 26, 2024
Enhanced Analysis of CPLR 1001(b) in Determining Necessary Parties: Furnia Estate Ruling Introduction In the landmark case titled In the Matter of the Estate of Irene E. Furnia, Deceased (2024 N.Y....
Mandatory Compliance with Second Felony Offender Statement Requirements in Sentencing

Mandatory Compliance with Second Felony Offender Statement Requirements in Sentencing

Date: Nov 26, 2024
Mandatory Compliance with Second Felony Offender Statement Requirements in Sentencing Introduction In the landmark case of The People of the State of New York v. Christopher J. Kane (2024 N.Y. Slip...
Establishing Date of Disablement for Death Benefits in Occupational Disease Claims: Lamont v. Superior Ambulance Service Inc.

Establishing Date of Disablement for Death Benefits in Occupational Disease Claims: Lamont v. Superior Ambulance Service Inc.

Date: Nov 26, 2024
Establishing Date of Disablement for Death Benefits in Occupational Disease Claims: Lamont v. Superior Ambulance Service Inc. Introduction In the landmark case of Dalena Lamont v. Superior Ambulance...
Establishing Continuity of Miranda Rights in Prolonged Custody and Interrogation

Establishing Continuity of Miranda Rights in Prolonged Custody and Interrogation

Date: Nov 26, 2024
Establishing Continuity of Miranda Rights in Prolonged Custody and Interrogation Introduction The case of The People of the State of New York v. Michael K. Saunders, adjudicated by the Supreme Court...
Reversing Adjudications in Family Court: The Erick Y. Case and Its Implications

Reversing Adjudications in Family Court: The Erick Y. Case and Its Implications

Date: Nov 26, 2024
Reversing Adjudications in Family Court: The Erick Y. Case and Its Implications Introduction The case of Erick Y. vs. Ulster County Department of Social Services (2024 N.Y. Slip Op. 5856) marks a...
Establishing Cross-Jurisdictional Accountability: NY Supreme Court Censures Attorney for Multi-State Misconduct

Establishing Cross-Jurisdictional Accountability: NY Supreme Court Censures Attorney for Multi-State Misconduct

Date: Nov 26, 2024
Establishing Cross-Jurisdictional Accountability: NY Supreme Court Censures Attorney for Multi-State Misconduct Introduction The legal profession operates under stringent ethical standards to ensure...
Affirmation of Custody Modification Despite Hearsay Evidence in Traci A. v. Maxmillion B.

Affirmation of Custody Modification Despite Hearsay Evidence in Traci A. v. Maxmillion B.

Date: Nov 26, 2024
Affirmation of Custody Modification Despite Hearsay Evidence in Traci A. v. Maxmillion B. Introduction The case of Traci A. v. Maxmillion B. (2024 N.Y. Slip Op. 5852) before the Supreme Court of New...
Enforcement of Religious Corporations Law § 12 in Lease Agreements: West-Park Presbyterian Church v. The Center at West Park

Enforcement of Religious Corporations Law § 12 in Lease Agreements: West-Park Presbyterian Church v. The Center at West Park

Date: Nov 26, 2024
Enforcement of Religious Corporations Law § 12 in Lease Agreements: West-Park Presbyterian Church v. The Center at West Park Introduction The case of West-Park Presbyterian Church of New York City v....
Automatic Disbarment of Attorneys Convicted of Felonies in Foreign Jurisdictions

Automatic Disbarment of Attorneys Convicted of Felonies in Foreign Jurisdictions

Date: Nov 26, 2024
Automatic Disbarment of Attorneys Convicted of Felonies in Foreign Jurisdictions Introduction The case In the Matter of Donald Albert Young (Attorney Registration No. 2189207) adjudicated by the...
Establishing Grounds for Permanent Neglect: Insights from the Gabriel J. Case

Establishing Grounds for Permanent Neglect: Insights from the Gabriel J. Case

Date: Nov 26, 2024
Establishing Grounds for Permanent Neglect: Insights from the Gabriel J. Case Introduction The case of In the Matter of Gabriel J. represents a significant judicial decision concerning permanent...
Supreme Court of NY Grants Extensive Withdrawal of Appeals: Procedural Implications and Future Outlook

Supreme Court of NY Grants Extensive Withdrawal of Appeals: Procedural Implications and Future Outlook

Date: Nov 26, 2024
Supreme Court of NY Grants Extensive Withdrawal of Appeals: Procedural Implications and Future Outlook Introduction On November 22, 2024, the Supreme Court of New York, Second Department, issued an...
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