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  • Commentaries
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New York Case Commentaries

Respect for Licensing Discretion Upheld in Harper v. Neary et al.

Respect for Licensing Discretion Upheld in Harper v. Neary et al.

Date: Mar 7, 2024
Respect for Licensing Discretion Upheld in Harper v. Neary et al. Introduction In Harper v. Neary et al. (2024 N.Y. Slip Op. 1176), the Supreme Court of New York, Second Department addressed a...
Miranda Rights and Custodial Interrogation: Establishing Clear Standards in Suppression of Evidence

Miranda Rights and Custodial Interrogation: Establishing Clear Standards in Suppression of Evidence

Date: Mar 7, 2024
Miranda Rights and Custodial Interrogation: Establishing Clear Standards in Suppression of Evidence Introduction The case of The People of the State of New York v. Yonatan Galvez-Marin (2024 N.Y....
Reaffirmation of CPLR 317 Standards for Vacating Default Judgments Against Corporations

Reaffirmation of CPLR 317 Standards for Vacating Default Judgments Against Corporations

Date: Mar 7, 2024
Reaffirmation of CPLR 317 Standards for Vacating Default Judgments Against Corporations Introduction In the landmark case of David Borohov v. Queens Fresh Meadows, LLC, decided by the Supreme Court...
Establishing Personal Jurisdiction in International Conspiracy Cases: Insights from Bangladesh Bank v. RCBC

Establishing Personal Jurisdiction in International Conspiracy Cases: Insights from Bangladesh Bank v. RCBC

Date: Mar 1, 2024
Establishing Personal Jurisdiction in International Conspiracy Cases: Insights from Bangladesh Bank v. RCBC Introduction The case of Bangladesh Bank v. Rizal Commercial Banking Corporation (RCBC), et...
Establishing Municipal Duty of Care in Snow Removal Operations: Demarest v. Village of Greenwich

Establishing Municipal Duty of Care in Snow Removal Operations: Demarest v. Village of Greenwich

Date: Mar 1, 2024
Establishing Municipal Duty of Care in Snow Removal Operations: Demarest v. Village of Greenwich Introduction The case of Rachael Demarest, Individually and as Administrator of the Estate of Joshua...
Establishing Precedents on Child Neglect in Domestic Violence Cases: Analysis of Skyli v. Administration for Children’s Services

Establishing Precedents on Child Neglect in Domestic Violence Cases: Analysis of Skyli v. Administration for Children’s Services

Date: Feb 29, 2024
Establishing Precedents on Child Neglect in Domestic Violence Cases: Analysis of Skyli v. Administration for Children’s Services Introduction The case of Skyli v. Administration for Children’s...
Affirmation of Fiduciary Duty and Misappropriation of Corporate Opportunity: O'Mahony v. Whiston

Affirmation of Fiduciary Duty and Misappropriation of Corporate Opportunity: O'Mahony v. Whiston

Date: Feb 28, 2024
Affirmation of Fiduciary Duty and Misappropriation of Corporate Opportunity: O'Mahony v. Whiston Introduction In the landmark case of Esther J. O'Mahony et al. v. Gavin Whiston et al., adjudicated by...
Affirmation of Diligent Efforts and Clear Evidence Standards in Permanent Neglect Proceedings: Nikole V. v. Norman V. - A Comprehensive Commentary

Affirmation of Diligent Efforts and Clear Evidence Standards in Permanent Neglect Proceedings: Nikole V. v. Norman V. - A Comprehensive Commentary

Date: Feb 23, 2024
Affirmation of Diligent Efforts and Clear Evidence Standards in Permanent Neglect Proceedings: Nikole V. v. Norman V. - A Comprehensive Commentary Introduction The case of In the Matter of Nikole V....
SORA's 30-Day Risk Level Classification Deadline Triggered by DOCCS Release, Not by SOMTA Proceedings

SORA's 30-Day Risk Level Classification Deadline Triggered by DOCCS Release, Not by SOMTA Proceedings

Date: Feb 23, 2024
SORA's 30-Day Risk Level Classification Deadline Triggered by DOCCS Release, Not by SOMTA Proceedings Introduction In the landmark decisions of The People of the State of New York v. Nathaniel Boone...
Supreme Court of NY Second Department Establishes Rigorous Standards for Dismissing Contract and Tort Claims Under CPLR 3211(a)

Supreme Court of NY Second Department Establishes Rigorous Standards for Dismissing Contract and Tort Claims Under CPLR 3211(a)

Date: Feb 22, 2024
Supreme Court of NY Second Department Establishes Rigorous Standards for Dismissing Contract and Tort Claims Under CPLR 3211(a) Introduction In the landmark case Franklin D. Nastasi Trust, et al. v....
Supreme Court of NY Invalidates NYC’s Local Law No. 11: Upholding Citizenship Requirement for Municipal Voting

Supreme Court of NY Invalidates NYC’s Local Law No. 11: Upholding Citizenship Requirement for Municipal Voting

Date: Feb 22, 2024
Supreme Court of NY Invalidates NYC’s Local Law No. 11: Upholding Citizenship Requirement for Municipal Voting Introduction The case of Vito J. Fossella, et al. v. Eric Adams, etc., et al. (2024 N.Y....
Sarkodie v. Kings County District Attorney: Clarifying FOIL Exemptions in the Context of Stayed Federal Habeas Proceedings

Sarkodie v. Kings County District Attorney: Clarifying FOIL Exemptions in the Context of Stayed Federal Habeas Proceedings

Date: Feb 22, 2024
Sarkodie v. Kings County District Attorney: Clarifying FOIL Exemptions in the Context of Stayed Federal Habeas Proceedings Introduction The Supreme Court of New York, Second Department, in the case...
Termination of Life Insurance Policy: Feldman v. Nassau Life Insurance Company

Termination of Life Insurance Policy: Feldman v. Nassau Life Insurance Company

Date: Feb 22, 2024
Termination of Life Insurance Policy: Feldman v. Nassau Life Insurance Company Introduction Feldman v. Nassau Life Insurance Company is a pivotal case decided by the Supreme Court of New York, Second...
Defining 'Direct Physical Loss or Damage' in Insurance Policies: A New Precedent in the Wake of COVID-19

Defining 'Direct Physical Loss or Damage' in Insurance Policies: A New Precedent in the Wake of COVID-19

Date: Feb 16, 2024
Defining 'Direct Physical Loss or Damage' in Insurance Policies: A New Precedent in the Wake of COVID-19 Introduction The legal landscape surrounding insurance claims during the COVID-19 pandemic has...
Threat of Litigation Recognized as Adverse Action in Retaliation Claims under NY Human Rights Law

Threat of Litigation Recognized as Adverse Action in Retaliation Claims under NY Human Rights Law

Date: Feb 16, 2024
Threat of Litigation Recognized as Adverse Action in Retaliation Claims under NY Human Rights Law Introduction The New York Court of Appeals issued a pivotal decision on February 15, 2024, in the...
Affirmation of Employee Rights under Labor Law §193 and Exceptions to Partnership Liability in Costello v. Curan & Ahlers

Affirmation of Employee Rights under Labor Law §193 and Exceptions to Partnership Liability in Costello v. Curan & Ahlers

Date: Feb 15, 2024
Affirmation of Employee Rights under Labor Law §193 and Exceptions to Partnership Liability in Costello v. Curan & Ahlers Introduction In the landmark case of Costello v. Curan & Ahlers, LLP, the...
Establishing Strict Compliance for Service of Process: Petar Bachvarov v. Foot and Ankle Center of Fort Lee, LLC

Establishing Strict Compliance for Service of Process: Petar Bachvarov v. Foot and Ankle Center of Fort Lee, LLC

Date: Feb 15, 2024
Establishing Strict Compliance for Service of Process: Petar Bachvarov v. Foot and Ankle Center of Fort Lee, LLC Introduction In the case of Petar Bachvarov v. Foot and Ankle Center of Fort Lee, LLC,...
Affirmation of Showup Procedures in Proximal Identification: The PEOPLE v. Ralph Rodriguez

Affirmation of Showup Procedures in Proximal Identification: The PEOPLE v. Ralph Rodriguez

Date: Feb 15, 2024
Affirmation of Showup Procedures in Proximal Identification: The PEOPLE v. Ralph Rodriguez Introduction The case of The PEOPLE v. Ralph Rodriguez (205 N.Y.S.3d 451) adjudicated by the New York...
Affirmation of Derivative Child Abuse Findings in Family Court Proceedings

Affirmation of Derivative Child Abuse Findings in Family Court Proceedings

Date: Feb 15, 2024
Affirmation of Derivative Child Abuse Findings in Family Court Proceedings Introduction The case of In the Matter of Nash D. et al., decided by the New York Supreme Court — Appellate Division on...
Supreme Court Upholds Immunity for Nursing Homes under EDTPA Amid COVID-19

Supreme Court Upholds Immunity for Nursing Homes under EDTPA Amid COVID-19

Date: Feb 14, 2024
Supreme Court Upholds Immunity for Nursing Homes under EDTPA Amid COVID-19 Introduction In the landmark case of Johnie Hasan etc. v. Terrace Acquisitions II, LLC (2024 N.Y. Slip Op. 739), the Supreme...
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