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  • Commentaries
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New York Case Commentaries

Total Unemployment Defined for Annual Salaried Civil Service Employees under Civil Service Law §136

Total Unemployment Defined for Annual Salaried Civil Service Employees under Civil Service Law §136

Date: Feb 9, 2024
Total Unemployment Defined for Annual Salaried Civil Service Employees under Civil Service Law §136 Introduction The case of Bernard Bruyere, Appellant v. New York State Department of Corrections and...
Establishing Boundaries for Labor Law §240(1) Claims and Indemnification in Workplace Accidents: Devlin v. AECOM et al.

Establishing Boundaries for Labor Law §240(1) Claims and Indemnification in Workplace Accidents: Devlin v. AECOM et al.

Date: Feb 9, 2024
Establishing Boundaries for Labor Law §240(1) Claims and Indemnification in Workplace Accidents: Devlin v. AECOM et al. Introduction The case of John Devlin et al. v. AECOM, City University of New...
Strengthening the Burden of Documentary Evidence in CPLR 3211(a) Dismissal Motions: Insights from COALITION v. NEOCRONON

Strengthening the Burden of Documentary Evidence in CPLR 3211(a) Dismissal Motions: Insights from COALITION v. NEOCRONON

Date: Feb 8, 2024
Strengthening the Burden of Documentary Evidence in CPLR 3211(a) Dismissal Motions: Insights from COALITION OF LANDLORDS, Homeowners & Merchants, Inc. v. S. & A. NEOCRONON, Inc. Introduction The case...
Affirmation of Derivative Abuse and Neglect Findings in Family Court Proceedings

Affirmation of Derivative Abuse and Neglect Findings in Family Court Proceedings

Date: Feb 8, 2024
Affirmation of Derivative Abuse and Neglect Findings in Family Court Proceedings Introduction In the case of In the Matter of Nyla S., the New York Supreme Court — Appellate Division upheld the...
Ensuring Judicial Impartiality in Family Court Sua Sponte Actions: Insights from Zyion B. v. Onondaga County DCFS

Ensuring Judicial Impartiality in Family Court Sua Sponte Actions: Insights from Zyion B. v. Onondaga County DCFS

Date: Feb 3, 2024
Ensuring Judicial Impartiality in Family Court Sua Sponte Actions: Insights from Zyion B. v. Onondaga County DCFS Introduction The case of In the Matter of Zyion B. Onondaga County Department of...
Affirmation of Standing in Environmental Land Use Cases: Friends of the Shawangunks v. Town of Gardiner Planning Board

Affirmation of Standing in Environmental Land Use Cases: Friends of the Shawangunks v. Town of Gardiner Planning Board

Date: Feb 2, 2024
Affirmation of Standing in Environmental Land Use Cases: Friends of the Shawangunks v. Town of Gardiner Planning Board Introduction The case of Friends of the Shawangunks, Appellant, v. Town of...
Reversal of Denial for Late Notice of Claim: Establishing Public Entity Accountability

Reversal of Denial for Late Notice of Claim: Establishing Public Entity Accountability

Date: Feb 1, 2024
Reversal of Denial for Late Notice of Claim: Establishing Public Entity Accountability Introduction The case of Maria-Lucia Anghel v. Town of Hempstead, et al. (2024 N.Y. Slip Op. 420) adjudicated by...
Affirmation of Level Three Sex Offender Designation in People v. Grief: Establishing Strict Compliance with Risk Assessment Guidelines

Affirmation of Level Three Sex Offender Designation in People v. Grief: Establishing Strict Compliance with Risk Assessment Guidelines

Date: Feb 1, 2024
Affirmation of Level Three Sex Offender Designation in People v. Grief: Establishing Strict Compliance with Risk Assessment Guidelines Introduction In People of State of New York v. Christopher Grief...
Corporate Veil-Piercing and Fraudulent Conveyance: Insights from 245 E. 19 Realty LLC v. 245 E. 19th Street Parking LLC et al.

Corporate Veil-Piercing and Fraudulent Conveyance: Insights from 245 E. 19 Realty LLC v. 245 E. 19th Street Parking LLC et al.

Date: Jan 31, 2024
Corporate Veil-Piercing and Fraudulent Conveyance: Insights from 245 E. 19 Realty LLC v. 245 E. 19th Street Parking LLC et al. Introduction In the landmark case of 245 E. 19 Realty LLC v. 245 E. 19th...
Reaffirming the Integrity of Alford Pleas: Insights from The People v. Hafer

Reaffirming the Integrity of Alford Pleas: Insights from The People v. Hafer

Date: Jan 26, 2024
Reaffirming the Integrity of Alford Pleas: Insights from The People v. Hafer Introduction The People of the State of New York v. Brian Hafer (2024 N.Y. Slip Op. 341) is a landmark decision by the...
Affirmation of First-Degree Rape Conviction Reinforces Jury Credibility Standards and Forensic Evidence

Affirmation of First-Degree Rape Conviction Reinforces Jury Credibility Standards and Forensic Evidence

Date: Jan 26, 2024
Affirmation of First-Degree Rape Conviction Reinforces Jury Credibility Standards and Forensic Evidence Introduction In the landmark case of The People of the State of New York v. Damien M. Karnes...
Affirmation of CPLR 3211(a) Standards and Proper Service in Breach of Contract: Carpio v. Morris

Affirmation of CPLR 3211(a) Standards and Proper Service in Breach of Contract: Carpio v. Morris

Date: Jan 25, 2024
Affirmation of CPLR 3211(a) Standards and Proper Service in Breach of Contract: Carpio v. Morris Introduction In the case of Melvin Carpio v. Cory Morris (2024 N.Y. Slip Op. 293), the Supreme Court...
Judicial Discretion in Concurrent Sentencing: The People v. Juan Carlos Gomez

Judicial Discretion in Concurrent Sentencing: The People v. Juan Carlos Gomez

Date: Jan 25, 2024
Judicial Discretion in Concurrent Sentencing: The People v. Juan Carlos Gomez Introduction In the appellate case of The People v. Juan Carlos Gomez (203 N.Y.S.3d 703), the New York Supreme Court –...
Affirmation of Guilty Plea and Appellate Review Standards in The People v. Clint Edwards

Affirmation of Guilty Plea and Appellate Review Standards in The People v. Clint Edwards

Date: Jan 25, 2024
Affirmation of Guilty Plea and Appellate Review Standards in The People v. Clint Edwards Introduction The People v. Clint Edwards, 203 N.Y.S.3d 710, adjudicated on January 24, 2024, before the New...
Reversing SLAPP Counterclaims: Insights from Burton v. Porcelain

Reversing SLAPP Counterclaims: Insights from Burton v. Porcelain

Date: Jan 25, 2024
Reversing SLAPP Counterclaims: Insights from Burton v. Porcelain Introduction In the landmark case of Jeanne R. Burton v. Michael Porcelain (2024 N.Y. Slip Op. 291), the Supreme Court of New York's...
Reciprocal Disciplinary Actions in Attorney Regulation: Analysis of Allison G. Kort v. Attorney Grievance Committee

Reciprocal Disciplinary Actions in Attorney Regulation: Analysis of Allison G. Kort v. Attorney Grievance Committee

Date: Jan 24, 2024
Reciprocal Disciplinary Actions in Attorney Regulation: Analysis of Allison G. Kort v. Attorney Grievance Committee Introduction The case of Allison G. Kort v. Attorney Grievance Committee for the...
Interpretation of 'Occupied' Under Local Law 1 and Limits on Indemnification Clauses: Insights from E.S. v. Windsor Owners Corp.

Interpretation of 'Occupied' Under Local Law 1 and Limits on Indemnification Clauses: Insights from E.S. v. Windsor Owners Corp.

Date: Jan 24, 2024
Interpretation of 'Occupied' Under Local Law 1 and Limits on Indemnification Clauses: Insights from E.S. v. Windsor Owners Corp. Introduction The case of E.S. et al. v. Windsor Owners Corp., et al.,...
Enhanced Duty of Effective Assistance: Mandating Clear Immigration Consequences Advisement in Guilty Pleas

Enhanced Duty of Effective Assistance: Mandating Clear Immigration Consequences Advisement in Guilty Pleas

Date: Jan 19, 2024
Enhanced Duty of Effective Assistance: Mandating Clear Immigration Consequences Advisement in Guilty Pleas Introduction The case of The People of the State of New York, Respondent, v. Edson...
Affirmation of Family Court Jurisdiction in Juvenile Delinquency Cases: Lucas Y. v. Columbia County Attorney

Affirmation of Family Court Jurisdiction in Juvenile Delinquency Cases: Lucas Y. v. Columbia County Attorney

Date: Jan 19, 2024
Affirmation of Family Court Jurisdiction in Juvenile Delinquency Cases: Lucas Y. v. Columbia County Attorney Introduction The case of Lucas Y., Appellant v. Columbia County Attorney, Respondent,...
Reaffirming Standards for Preliminary Injunctions and Fraudulent Claims in UCC Foreclosures: CMB Export Infrastructure Investment Group v. Motcomb Estates

Reaffirming Standards for Preliminary Injunctions and Fraudulent Claims in UCC Foreclosures: CMB Export Infrastructure Investment Group v. Motcomb Estates

Date: Jan 19, 2024
Reaffirming Standards for Preliminary Injunctions and Fraudulent Claims in UCC Foreclosures: CMB Export Infrastructure Investment Group v. Motcomb Estates Introduction The case of CMB Export...
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