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  • Commentaries
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New York Case Commentaries

New Precedent on Familial DNA Searches: NY Court Upholds Commission's Authority

New Precedent on Familial DNA Searches: NY Court Upholds Commission's Authority

Date: Oct 25, 2023
New Precedent on Familial DNA Searches: NY Court Upholds Commission's Authority Introduction In the landmark case of Terrence Stevens et al. v. New York State Division of Criminal Justice Services et...
Allocation of Contingency Fees in Successive Attorney Representation: Tirado-Sottosanyti v. Crowley

Allocation of Contingency Fees in Successive Attorney Representation: Tirado-Sottosanyti v. Crowley

Date: Oct 12, 2023
Allocation of Contingency Fees in Successive Attorney Representation: Tirado-Sottosanyti v. Crowley Introduction Tirado-Sottosanyti v. Crowley, adjudicated by the Supreme Court of New York, Second...
Reopening Inquests for Additional Evidence in Unjust Enrichment Claims: Commonwealth Land Title Insurance Co. v. Mohammad Islam et al.

Reopening Inquests for Additional Evidence in Unjust Enrichment Claims: Commonwealth Land Title Insurance Co. v. Mohammad Islam et al.

Date: Oct 12, 2023
Reopening Inquests for Additional Evidence in Unjust Enrichment Claims: Commonwealth Land Title Insurance Co. v. Mohammad Islam et al. Introduction In the case of Commonwealth Land Title Insurance...
Amherst Town's Condemnation of Penney Property: A New Precedent in Eminent Domain Law

Amherst Town's Condemnation of Penney Property: A New Precedent in Eminent Domain Law

Date: Oct 7, 2023
Amherst Town's Condemnation of Penney Property: A New Precedent in Eminent Domain Law Introduction The case of PENNEY PROPERTY SUB HOLDINGS LLC v. THE TOWN OF AMHERST, decided by the Supreme Court of...
Forged Deeds Are Void Ab Initio and Not Subject to Statute of Limitations: Insights from Simmons v. Bell, 220 A.D.3d 647

Forged Deeds Are Void Ab Initio and Not Subject to Statute of Limitations: Insights from Simmons v. Bell, 220 A.D.3d 647

Date: Oct 5, 2023
Forged Deeds Are Void Ab Initio and Not Subject to Statute of Limitations: Insights from Simmons v. Bell, 220 A.D.3d 647 Introduction In the landmark case of Derrick Simmons, et al. v. Alfred Bell,...
Valid Waiver of Appeal Rights in Guilty Pleas: Comprehensive Analysis of People v. Giles

Valid Waiver of Appeal Rights in Guilty Pleas: Comprehensive Analysis of People v. Giles

Date: Sep 30, 2023
Valid Waiver of Appeal Rights in Guilty Pleas: Comprehensive Analysis of People v. Giles Introduction In the pivotal case of The PEOPLE of the State of New York v. Levert J. Giles, decided on...
Mandatory Consideration of Youthful Offender Status in Sentencing: Insights from People v. Nasjuan Jones

Mandatory Consideration of Youthful Offender Status in Sentencing: Insights from People v. Nasjuan Jones

Date: Sep 22, 2023
Mandatory Consideration of Youthful Offender Status in Sentencing: Insights from People v. Nasjuan Jones Introduction People of the State of New York v. Nasjuan Jones, 219 A.D.3d 1610 (Supreme Court...
Limitation on Compelling Production of Geographical Data: A New Precedent in Personal Injury Litigation

Limitation on Compelling Production of Geographical Data: A New Precedent in Personal Injury Litigation

Date: Sep 14, 2023
Limitation on Compelling Production of Geographical Data: A New Precedent in Personal Injury Litigation Introduction The case of Margarita Pulgarin v. William F. Richmond, et al. adjudicated by the...
Limiting Punitive Damages in Fiduciary Duty Breaches: Insights from Ng v. Asquared Group, Inc.

Limiting Punitive Damages in Fiduciary Duty Breaches: Insights from Ng v. Asquared Group, Inc.

Date: Sep 14, 2023
Limiting Punitive Damages in Fiduciary Duty Breaches: Insights from Ng v. Asquared Group, Inc. Introduction The case Nancy Shunkuen Ng, etc., v. Asquared Group, Inc., et al., adjudicated on September...
Nondelegable Duty in Elevated Work Sites under NY Labor Law §240(1) – Wilson v. Bergon Construction Corp.

Nondelegable Duty in Elevated Work Sites under NY Labor Law §240(1) – Wilson v. Bergon Construction Corp.

Date: Sep 14, 2023
Nondelegable Duty in Elevated Work Sites under NY Labor Law §240(1) – Wilson v. Bergon Construction Corp. Introduction In William Wilson v. Bergon Construction Corp., et al. (219 A.D.3d 1380), the...
Affirmation of Dismissal in Quiet Title Action: Ramirez v. Bank of New York Mellon

Affirmation of Dismissal in Quiet Title Action: Ramirez v. Bank of New York Mellon

Date: Sep 14, 2023
Affirmation of Dismissal in Quiet Title Action: Ramirez v. Bank of New York Mellon Introduction The case of Braulio Ramirez v. Bank of New York Mellon (219 A.D.3d 1359) adjudicated by the Supreme...
Labor Law § 240(1) Extends to Trench Cave-Ins: Insights from Rivas v. Seward Park Housing Corp.

Labor Law § 240(1) Extends to Trench Cave-Ins: Insights from Rivas v. Seward Park Housing Corp.

Date: Aug 25, 2023
Labor Law § 240(1) Extends to Trench Cave-Ins: Insights from Rivas v. Seward Park Housing Corp. Introduction The case of William Rivas v. Seward Park Housing Corporation et al., adjudicated by the...
Establishing Precedent for Reciprocal Discipline in Attorney Misconduct: The Edward B. Geller Case

Establishing Precedent for Reciprocal Discipline in Attorney Misconduct: The Edward B. Geller Case

Date: Aug 25, 2023
Establishing Precedent for Reciprocal Discipline in Attorney Misconduct: The Edward B. Geller Case Introduction The case of Edward B. Geller v. Attorney Grievance Committee for the First Judicial...
Legal Malpractice Redefined: Lam v. Weiss Establishes Enhanced Standards for Attorney Duty and Causation

Legal Malpractice Redefined: Lam v. Weiss Establishes Enhanced Standards for Attorney Duty and Causation

Date: Aug 17, 2023
Legal Malpractice Redefined: Lam v. Weiss Establishes Enhanced Standards for Attorney Duty and Causation Introduction In the landmark case of Patricia Lam, et al. v. Ronald D. Weiss, et al. (219...
Affirmation of Level Two Sex Offender Classification for Child Pornography Promotion under SORA Guidelines

Affirmation of Level Two Sex Offender Classification for Child Pornography Promotion under SORA Guidelines

Date: Aug 17, 2023
Affirmation of Level Two Sex Offender Classification for Child Pornography Promotion under SORA Guidelines Introduction In the landmark case The People of the State of New York, v. Abraham Fernandez...
Affirmation of DMV’s Authority to Deny Relicensure Based on Vehicular Manslaughter and DUI Convictions

Affirmation of DMV’s Authority to Deny Relicensure Based on Vehicular Manslaughter and DUI Convictions

Date: Jul 20, 2023
Affirmation of DMV’s Authority to Deny Relicensure Based on Vehicular Manslaughter and DUI Convictions Introduction In the case of Henry M. Dobson v. New York State Department of Motor Vehicles et...
Clarifying Indemnification Clauses and Workers' Compensation in Construction Contracts: Skrok v. Grand Loft Corp.

Clarifying Indemnification Clauses and Workers' Compensation in Construction Contracts: Skrok v. Grand Loft Corp.

Date: Jul 20, 2023
Clarifying Indemnification Clauses and Workers' Compensation in Construction Contracts: Skrok v. Grand Loft Corp. Introduction The case of Marcin Skrok v. Grand Loft Corp. adjudicated by the Supreme...
Affirmation of Sole Custody to Father in Tashina N. v. John M.

Affirmation of Sole Custody to Father in Tashina N. v. John M.

Date: Jul 14, 2023
Affirmation of Sole Custody to Father in Tashina N. v. John M. Introduction In the case of Tashina N. v. John M. (218 A.D.3d 935), the Supreme Court of New York, Third Department, addressed a pivotal...
Jurisdictional Sufficiency in Juvenile Delinquency Petitions: Insights from In the Matter of Yacere D.

Jurisdictional Sufficiency in Juvenile Delinquency Petitions: Insights from In the Matter of Yacere D.

Date: Jul 13, 2023
Jurisdictional Sufficiency in Juvenile Delinquency Petitions: Insights from In the Matter of Yacere D. Introduction The case of In the Matter of Yacere D. addresses critical issues regarding the...
Affirmation of Corroboration Standards in Family Court Act Article 10 Child Abuse Proceedings

Affirmation of Corroboration Standards in Family Court Act Article 10 Child Abuse Proceedings

Date: Jul 7, 2023
Affirmation of Corroboration Standards in Family Court Act Article 10 Child Abuse Proceedings Introduction The case of In the Matter of Kaleb LL. and Another, Alleged to be Abused and/or Neglected...
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