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  • Commentaries
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New York Case Commentaries

Supreme Court of New York Refines Standards for Trivial Defects in Personal Injury Cases

Supreme Court of New York Refines Standards for Trivial Defects in Personal Injury Cases

Date: Nov 24, 2024
Supreme Court of New York Refines Standards for Trivial Defects in Personal Injury Cases Introduction In the landmark case Karin Torres Abreu v. Pursuit Realty Group, LLC, et al., the Supreme Court...
Strict Standing Requirements in Inter-Municipal Disputes: County of Orange v. City of New York

Strict Standing Requirements in Inter-Municipal Disputes: County of Orange v. City of New York

Date: Nov 24, 2024
Strict Standing Requirements in Inter-Municipal Disputes: County of Orange v. City of New York Introduction Case: In the Matter of County of Orange, et al. v. City of New York, et al. (2024 N.Y. Slip...
Six-Year Limitation Period Applied to Actions to Vacate Satisfaction of Mortgage: Lakeview Loan Servicing, LLC v. Rafuna

Six-Year Limitation Period Applied to Actions to Vacate Satisfaction of Mortgage: Lakeview Loan Servicing, LLC v. Rafuna

Date: Nov 24, 2024
Six-Year Limitation Period Applied to Actions to Vacate Satisfaction of Mortgage: Lakeview Loan Servicing, LLC v. Rafuna Introduction In the landmark case of Lakeview Loan Servicing, LLC v. Heset...
Affirmation of Referee's Report on Attorney's Lien under CPLR 4403

Affirmation of Referee's Report on Attorney's Lien under CPLR 4403

Date: Nov 24, 2024
Affirmation of Referee's Report on Attorney's Lien under CPLR 4403 Introduction The case of In the Matter of Charles C. DeStefano v. Law Offices of William Pager (2024 N.Y. Slip Op. 5798) adjudicated...
Clarifying Accessorial Liability in Gang Assault Charges: Insights from People v. Dunn, Frazier, and Chief PonceDeLeon

Clarifying Accessorial Liability in Gang Assault Charges: Insights from People v. Dunn, Frazier, and Chief PonceDeLeon

Date: Nov 24, 2024
Clarifying Accessorial Liability in Gang Assault Charges: Insights from People v. Dunn, Frazier, and Chief PonceDeLeon Introduction In the landmark case The People of the State of New York,...
Reversal of Second-Degree Murder Conviction Due to Omission of Justification Defense Instruction: People v. Castillo

Reversal of Second-Degree Murder Conviction Due to Omission of Justification Defense Instruction: People v. Castillo

Date: Nov 22, 2024
Reversal of Second-Degree Murder Conviction Due to Omission of Justification Defense Instruction: People v. Castillo Introduction The case of The People & c., Respondent, v. Jairo Castillo, Appellant...
Minimal Parental Involvement and an Indicated §1034 Report Can Sustain Sole Custody and No-Overnight Parenting Time: Third Department Affirms Deferential “Sound and Substantial Basis” Review

Minimal Parental Involvement and an Indicated §1034 Report Can Sustain Sole Custody and No-Overnight Parenting Time: Third Department Affirms Deferential “Sound and Substantial Basis” Review

Date: Nov 22, 2024
Minimal Parental Involvement and an Indicated §1034 Report Can Sustain Sole Custody and No-Overnight Parenting Time: Third Department Affirms Deferential “Sound and Substantial Basis” Review...
Ray v. Ray: Establishing Sanctions for Frivolous Litigation in New York Supreme Court

Ray v. Ray: Establishing Sanctions for Frivolous Litigation in New York Supreme Court

Date: Nov 21, 2024
Ray v. Ray: Establishing Sanctions for Frivolous Litigation in New York Supreme Court Introduction In the case of Ames Ray v. Christina Ray (2024 N.Y. Slip Op. 5777), the Supreme Court of New York,...
Retroactive Application of FAPA Affirmed in Bayview Loan Servicing v. Dalal

Retroactive Application of FAPA Affirmed in Bayview Loan Servicing v. Dalal

Date: Nov 21, 2024
Retroactive Application of the Foreclosure Abuse Prevention Act (FAPA) Affirmed in Bayview Loan Servicing v. Dalal Introduction The case of Bayview Loan Servicing, LLC, Plaintiff-Appellant, versus...
Limitation of Collateral Estoppel in Termination of Parental Rights: Cattaraugus County DST v. Amy W.

Limitation of Collateral Estoppel in Termination of Parental Rights: Cattaraugus County DST v. Amy W.

Date: Nov 19, 2024
Limitation of Collateral Estoppel in Termination of Parental Rights: Cattaraugus County DST v. Amy W. Introduction The case of In the Matter of Juliet W. Cattaraugus County Department of Social...
Establishing Personal Jurisdiction through Purposeful Contractual Engagements: Insights from the Ibrahim Case

Establishing Personal Jurisdiction through Purposeful Contractual Engagements: Insights from the Ibrahim Case

Date: Nov 19, 2024
Establishing Personal Jurisdiction through Purposeful Contractual Engagements: Insights from the Ibrahim Case Introduction The case of Applied Healthcare Research Management v. Kemi R. Ibrahim,...
Establishing Robust Scheduling Protocols in Actively Managed Appeals: In re Matter of Scheduling Orders and Applications for Extensions of Time

Establishing Robust Scheduling Protocols in Actively Managed Appeals: In re Matter of Scheduling Orders and Applications for Extensions of Time

Date: Nov 19, 2024
Establishing Robust Scheduling Protocols in Actively Managed Appeals: In re Matter of Scheduling Orders and Applications for Extensions of Time Introduction The case titled In re Matter of Scheduling...
Constructive Possession in Trap House Operations: Analysis of PEOPLE v. MAXWELL

Constructive Possession in Trap House Operations: Analysis of PEOPLE v. MAXWELL

Date: Nov 19, 2024
Constructive Possession in Trap House Operations: Analysis of PEOPLE v. MAXWELL Introduction PEOPLE OF THE STATE OF NEW YORK v. SAMUEL MAXWELL (2024 N.Y. Slip Op. 5737) is a significant case...
Adams v. People: Reinforcing Procedural Safeguards in Speedy Trial and Effective Counsel Claims

Adams v. People: Reinforcing Procedural Safeguards in Speedy Trial and Effective Counsel Claims

Date: Nov 19, 2024
Adams v. People: Reinforcing Procedural Safeguards in Speedy Trial and Effective Counsel Claims Introduction In the case of The People of the State of New York v. Steven J. Adams (2024 N.Y. Slip Op....
Reciprocal Discipline for Attorney Misconduct: The John T. Wynn Case

Reciprocal Discipline for Attorney Misconduct: The John T. Wynn Case

Date: Nov 19, 2024
Reciprocal Discipline for Attorney Misconduct: The John T. Wynn Case Introduction The legal profession holds attorneys to high ethical standards to maintain public trust and ensure the integrity of...
Prosecution's Discovery Obligations and Speedy Trial Rights Reaffirmed: People v. Chase Walker (2024)

Prosecution's Discovery Obligations and Speedy Trial Rights Reaffirmed: People v. Chase Walker (2024)

Date: Nov 19, 2024
Prosecution's Discovery Obligations and Speedy Trial Rights Reaffirmed: People v. Chase Walker (2024) Introduction In People of the State of New York v. Chase Walker (2024 N.Y. Slip Op. 5662), the...
Constitutionality of Foreign Registration Clauses for Sexually Violent Offenders: Insights from PEOPLE v. GRZEGORZEWSKI

Constitutionality of Foreign Registration Clauses for Sexually Violent Offenders: Insights from PEOPLE v. GRZEGORZEWSKI

Date: Nov 19, 2024
Constitutionality of Foreign Registration Clauses for Sexually Violent Offenders: Insights from PEOPLE v. GRZEGORZEWSKI Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v....
Establishing Limits on Judicial Review of Condemnation Determinations under EDPL 207

Establishing Limits on Judicial Review of Condemnation Determinations under EDPL 207

Date: Nov 19, 2024
Establishing Limits on Judicial Review of Condemnation Determinations under EDPL 207 Introduction The case of 3649 Erie, LLC v. Onondaga County Industrial Development Agency (OCIDA) and OHB Redev,...
Affirming Standards for Effective Assistance of Counsel and Evidence Evaluation in People v. Montiek Mastin

Affirming Standards for Effective Assistance of Counsel and Evidence Evaluation in People v. Montiek Mastin

Date: Nov 19, 2024
Affirming Standards for Effective Assistance of Counsel and Evidence Evaluation in People v. Montiek Mastin Introduction People v. Montiek Mastin, decided by the Supreme Court of New York, Fourth...
Strengthening the Burden of Proof in Child Abuse Cases: Analysis of Monroe County DHS v. Tara D.

Strengthening the Burden of Proof in Child Abuse Cases: Analysis of Monroe County DHS v. Tara D.

Date: Nov 19, 2024
Strengthening the Burden of Proof in Child Abuse Cases: Analysis of Monroe County DHS v. Tara D. Introduction The case of Monroe County Department of Human Services v. Tara D. (2024 N.Y. Slip Op....
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