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  • Commentaries
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New York Case Commentaries

Voluntary Consent as an Attenuating Factor in Suppression Motions: Insights from People v. Autumn J. Crispell

Voluntary Consent as an Attenuating Factor in Suppression Motions: Insights from People v. Autumn J. Crispell

Date: Jan 5, 2024
Voluntary Consent as an Attenuating Factor in Suppression Motions: Insights from People v. Autumn J. Crispell Introduction People v. Autumn J. Crispell (223 A.D.3d 941, Supreme Court of New York,...
Enforcement of Guaranties Outside the NYC Guaranty Law Protection Period: Tamar Equities Corp. v. Signature Barbershop 33 Inc.

Enforcement of Guaranties Outside the NYC Guaranty Law Protection Period: Tamar Equities Corp. v. Signature Barbershop 33 Inc.

Date: Jan 5, 2024
Enforcement of Guaranties Outside the NYC Guaranty Law Protection Period: Tamar Equities Corp. v. Signature Barbershop 33 Inc. Introduction The case of Tamar Equities Corp., Plaintiff-Appellant, v....
Affirmation of Relation-Back Doctrine and CPLR 306-b in Amendment of Judicial Pleadings

Affirmation of Relation-Back Doctrine and CPLR 306-b in Amendment of Judicial Pleadings

Date: Dec 28, 2023
Affirmation of Relation-Back Doctrine and CPLR 306-b in Amendment of Judicial Pleadings Introduction The case Atul Bhatara, et al. v. Paul Kolaj, et al. (222 A.D.3d 926) adjudicated by the Supreme...
Reversal of Foreclosure Judgment in Deutsche Bank National Trust Co. v. Geslani Establishes Rigorous Standards for Default Judgments

Reversal of Foreclosure Judgment in Deutsche Bank National Trust Co. v. Geslani Establishes Rigorous Standards for Default Judgments

Date: Dec 21, 2023
Reversal of Foreclosure Judgment in Deutsche Bank National Trust Co. v. Geslani Establishes Rigorous Standards for Default Judgments Introduction The case of Deutsche Bank National Trust Company,...
Establishing Charging Liens Under Judiciary Law § 475: Analysis of Messina v. Sparrow

Establishing Charging Liens Under Judiciary Law § 475: Analysis of Messina v. Sparrow

Date: Dec 14, 2023
Establishing Charging Liens Under Judiciary Law § 475: Analysis of Messina v. Sparrow Introduction In the landmark case John Messina, et al., v. Delroy Wedderburn, et al. (2023 N.Y. Slip Op. 6360),...
Affirmation of Double-Blind Photo Identification Procedures and Proper Severance Under CPL 200.20 in Robbery Cases

Affirmation of Double-Blind Photo Identification Procedures and Proper Severance Under CPL 200.20 in Robbery Cases

Date: Dec 14, 2023
Affirmation of Double-Blind Photo Identification Procedures and Proper Severance Under CPL 200.20 in Robbery Cases Introduction In the case of The People of the State of New York v. Devon Tyme, Jr....
Defining Employee Status in Workers' Compensation Claims: The Puccio v. Absolute Chimney Decision

Defining Employee Status in Workers' Compensation Claims: The Puccio v. Absolute Chimney Decision

Date: Dec 8, 2023
Defining Employee Status in Workers' Compensation Claims: The Puccio v. Absolute Chimney Decision Introduction The case of Anthony Puccio v. Absolute Chimney & Home Improvement, LLC addresses the...
Enhanced Oversight of Local Authorities: New Precedent in Public Authorities Accountability

Enhanced Oversight of Local Authorities: New Precedent in Public Authorities Accountability

Date: Dec 8, 2023
Enhanced Oversight of Local Authorities: New Precedent in Public Authorities Accountability Introduction The Supreme Court of New York, Third Department, in In the Matter of Saratoga Economic...
Brendan Hoffman v. The People of New York: Reinforcing Brady Obligations in Criminal Proceedings

Brendan Hoffman v. The People of New York: Reinforcing Brady Obligations in Criminal Proceedings

Date: Nov 23, 2023
Brendan Hoffman v. The People of New York: Reinforcing Brady Obligations in Criminal Proceedings Introduction Brendan Hoffman v. The People of New York is a landmark decision by the Supreme Court of...
Resentencing Under the Domestic Violence Survivors Justice Act: People v. Liz L.

Resentencing Under the Domestic Violence Survivors Justice Act: People v. Liz L.

Date: Nov 23, 2023
Resentencing Under the Domestic Violence Survivors Justice Act: People v. Liz L. (221 A.D.3d 1288) Introduction People of the State of New York, Respondent, v. Liz L., Appellant is a landmark case...
Affirmation of Family Offense Considerations in Custody Determinations: Jacklyn PP. v. Jonathan QQ.

Affirmation of Family Offense Considerations in Custody Determinations: Jacklyn PP. v. Jonathan QQ.

Date: Nov 23, 2023
Affirmation of Family Offense Considerations in Custody Determinations: Jacklyn PP. v. Jonathan QQ. Introduction In the landmark case of Jacklyn PP. v. Jonathan QQ. (221 A.D.3d 1293), decided by the...
Termination of Parental Rights in Cases of Permanent Neglect: Insights from Elaysia GG. v. Chenango County DSS

Termination of Parental Rights in Cases of Permanent Neglect: Insights from Elaysia GG. v. Chenango County DSS

Date: Nov 23, 2023
Termination of Parental Rights in Cases of Permanent Neglect: Insights from Elaysia GG. v. Chenango County Department of Social Services Introduction The case of Elaysia GG. v. Chenango County...
Preservation Failure: The Unreviewability of Unpreserved Second Amendment Challenges in People v. David

Preservation Failure: The Unreviewability of Unpreserved Second Amendment Challenges in People v. David

Date: Nov 22, 2023
Preservation Failure: The Unreviewability of Unpreserved Second Amendment Challenges in People v. David Introduction People v. Carlos L. David is a pivotal case decided by the New York Court of...
Voluntariness of Consent in Vehicular Searches: The People v. Barner Commentary

Voluntariness of Consent in Vehicular Searches: The People v. Barner Commentary

Date: Nov 18, 2023
Voluntariness of Consent in Vehicular Searches: The People v. Barner Commentary Introduction The People of the State of New York v. Kentrell L. Barner (221 A.D.3d 1493) is a pivotal case decided by...
Temporal Nexus and Causation in DVSJA Resentencing Applications: People v. Fisher

Temporal Nexus and Causation in DVSJA Resentencing Applications: People v. Fisher

Date: Nov 17, 2023
Temporal Nexus and Causation in DVSJA Resentencing Applications: People of New York v. Brandon P. Fisher Introduction People of the State of New York v. Brandon P. Fisher (221 A.D.3d 1195) is a...
Recognition of Freelance Status under the Freelance Isn't Free Act: MJ Lilly Associates, LLC v. Ovis Creative, LLC

Recognition of Freelance Status under the Freelance Isn't Free Act: MJ Lilly Associates, LLC v. Ovis Creative, LLC

Date: Nov 16, 2023
Recognition of Freelance Status under the Freelance Isn't Free Act: MJ Lilly Associates, LLC v. Ovis Creative, LLC Introduction The case of MJ Lilly Associates, LLC v. Ovis Creative, LLC (221 A.D.3d...
Clarifying Duty of Care and Expert Testimony Foundations in Medical Malpractice: Abruzzi v. Hindenburg

Clarifying Duty of Care and Expert Testimony Foundations in Medical Malpractice: Abruzzi v. Hindenburg

Date: Nov 16, 2023
Clarifying Duty of Care and Expert Testimony Foundations in Medical Malpractice: Abruzzi v. Hindenburg Introduction The case of Abruzzi v. Hindenburg (221 A.D.3d 753), adjudicated by the Supreme...
Interpretation of CPLR 205-a and FAPA in Mortgage Foreclosure Actions: Johnson v. Cascade Funding Mortgage Trust 2017-1

Interpretation of CPLR 205-a and FAPA in Mortgage Foreclosure Actions: Johnson v. Cascade Funding Mortgage Trust 2017-1

Date: Oct 26, 2023
Interpretation of CPLR 205-a and FAPA in Mortgage Foreclosure Actions: Johnson v. Cascade Funding Mortgage Trust 2017-1 Introduction Robert Johnson and Christine Johnson (collectively, the Johnsons)...
Reversing Foreclosure Due to Statute of Limitations: Insights from U.S. Bank National Association v. Nelcida Armand

Reversing Foreclosure Due to Statute of Limitations: Insights from U.S. Bank National Association v. Nelcida Armand

Date: Oct 26, 2023
Reversing Foreclosure Due to Statute of Limitations: Insights from U.S. Bank National Association v. Nelcida Armand Introduction In the landmark case of U.S. Bank National Association, etc., v....
Affirmation of Defamation Dismissal in Whelan v. Cuomo Establishes Strict Standards for Defamation Per Se Claims

Affirmation of Defamation Dismissal in Whelan v. Cuomo Establishes Strict Standards for Defamation Per Se Claims

Date: Oct 26, 2023
Affirmation of Defamation Dismissal in Whelan v. Cuomo Establishes Strict Standards for Defamation Per Se Claims Introduction The case of David J. Whelan v. Christina Cuomo (220 A.D.3d 979)...
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