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  • Commentaries
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New York Case Commentaries

Affirmation of Burglary Elements and Preservation of Constitutional Challenges in People v. Fricke

Affirmation of Burglary Elements and Preservation of Constitutional Challenges in People v. Fricke

Date: May 6, 2023
Affirmation of Burglary Elements and Preservation of Constitutional Challenges in People v. Fricke Introduction Case: The People of the State of New York v. William Patrick Fricke Court: Supreme...
Burrows v. 75-25 153rd Street, LLC: Upholding Pre-HSTPA Limitations in Rent Stabilization Overcharge Claims

Burrows v. 75-25 153rd Street, LLC: Upholding Pre-HSTPA Limitations in Rent Stabilization Overcharge Claims

Date: Apr 14, 2023
Burrows v. 75-25 153rd Street, LLC: Upholding Pre-HSTPA Limitations in Rent Stabilization Overcharge Claims Introduction Burrows, et al. v. 75-25 153rd Street, LLC is a significant judgment delivered...
Establishing Non-Delegable Duties of School Districts in Cases of Student Abuse: Davila v. Enlarged City School District of Middletown

Establishing Non-Delegable Duties of School Districts in Cases of Student Abuse: Davila v. Enlarged City School District of Middletown

Date: Apr 6, 2023
Establishing Non-Delegable Duties of School Districts in Cases of Student Abuse: Davila v. Enlarged City School District of Middletown Introduction The case of Jose Davila v. Orange County, et al.,...
Affirmation of Level Two Designation under SORA in People v. Ramirez

Affirmation of Level Two Designation under SORA in People v. Ramirez

Date: Mar 30, 2023
Affirmation of Level Two Designation under SORA in People v. Ramirez Introduction In the case of People of State of New York v. Baudilio Lopez Ramirez (214 A.D.3d 1008), the Supreme Court, Appellate...
Reaffirming Standards for Certificate of Compliance Under CPL 30.30: People v. Gaskin

Reaffirming Standards for Certificate of Compliance Under CPL 30.30: People v. Gaskin

Date: Mar 18, 2023
Reaffirming Standards for Certificate of Compliance Under CPL 30.30: People v. Gaskin Introduction In the landmark case The People of the State of New York v. Jaquan Gaskin (214 A.D.3d 1353, 2023),...
Affirmation of Conviction in People v. Sean Austin: Establishing Strict Guidelines for Warrantless Searches Under the Emergency Doctrine

Affirmation of Conviction in People v. Sean Austin: Establishing Strict Guidelines for Warrantless Searches Under the Emergency Doctrine

Date: Mar 18, 2023
Affirmation of Conviction in People v. Sean Austin: Establishing Strict Guidelines for Warrantless Searches Under the Emergency Doctrine Introduction In the landmark case of The PEOPLE of the State...
Double Jeopardy Protection Affirmed in People v. Parilla

Double Jeopardy Protection Affirmed in People v. Parilla

Date: Mar 18, 2023
Double Jeopardy Protection Affirmed in People v. Parilla Introduction People v. Parilla (214 A.D.3d 1399) is a significant appellate decision from the Supreme Court, Appellate Division, Fourth...
Appellate Correction of Illegal Sentencing for Class D Felony in Weapon Possession Case: People v. Mabry

Appellate Correction of Illegal Sentencing for Class D Felony in Weapon Possession Case: People v. Mabry

Date: Mar 18, 2023
Appellate Correction of Illegal Sentencing for Class D Felony in Weapon Possession Case: People v. Mabry Introduction In The People of the State of New York v. Akil B. Mabry, decided on March 17,...
Affirmation of Labor Law §240(1) Liability for Employer's Safety Failures: Mora v. Bush Terminal Owner, L.P.

Affirmation of Labor Law §240(1) Liability for Employer's Safety Failures: Mora v. Bush Terminal Owner, L.P.

Date: Mar 16, 2023
Affirmation of Labor Law §240(1) Liability for Employer's Safety Failures: Mora v. Bush Terminal Owner, L.P. Introduction The case of John Mora, et al., respondents, v. 1-10 Bush Terminal Owner,...
Authentication of Out-of-State Convictions for Second Felony Offender Status: Caraballo v. The People

Authentication of Out-of-State Convictions for Second Felony Offender Status: Caraballo v. The People

Date: Feb 24, 2023
Authentication of Out-of-State Convictions for Second Felony Offender Status: Caraballo v. The People Introduction Caraballo v. The People is a significant case adjudicated by the Supreme Court of...
Estoppel Under the Foreclosure Abuse Prevention Act: Affirmations on Statute of Limitations in Mortgage Foreclosures

Estoppel Under the Foreclosure Abuse Prevention Act: Affirmations on Statute of Limitations in Mortgage Foreclosures

Date: Feb 23, 2023
Estoppel Under the Foreclosure Abuse Prevention Act: Affirmations on Statute of Limitations in Mortgage Foreclosures Introduction The case GMAT Legal Title Trust 2014–1 v. Mimi Kator addresses...
Establishing Standards for Spoliation of Evidence in Medical Malpractice Cases: Barnaman v. Bishop Hucles Episcopal Nursing Home

Establishing Standards for Spoliation of Evidence in Medical Malpractice Cases: Barnaman v. Bishop Hucles Episcopal Nursing Home

Date: Feb 23, 2023
Establishing Standards for Spoliation of Evidence in Medical Malpractice Cases: Barnaman v. Bishop Hucles Episcopal Nursing Home Introduction The case of Jacob Barnaman v. Bishop Hucles Episcopal...
Doctrine of Caveat Emptor Reinforced in R. Vig Properties, LLC v. Yama Rahimzada

Doctrine of Caveat Emptor Reinforced in R. Vig Properties, LLC v. Yama Rahimzada

Date: Feb 16, 2023
Doctrine of Caveat Emptor Reinforced in R. Vig Properties, LLC v. Yama Rahimzada Introduction In R. Vig Properties, LLC, et al., v. Yama Rahimzada, et al. (213 A.D.3d 871), the Supreme Court of New...
Negligent Supervision and Hiring Standards in Educational Institutions: Insights from John DOE v. Hauppauge Union Free School District

Negligent Supervision and Hiring Standards in Educational Institutions: Insights from John DOE v. Hauppauge Union Free School District

Date: Feb 16, 2023
Negligent Supervision and Hiring Standards in Educational Institutions: Insights from John DOE v. Hauppauge Union Free School District Introduction The case of John DOE v. Hauppauge Union Free School...
Inclusion of Additional Information in RPAPL 1304 Notices Does Not Void Foreclosure Actions

Inclusion of Additional Information in RPAPL 1304 Notices Does Not Void Foreclosure Actions

Date: Feb 15, 2023
Inclusion of Additional Information in RPAPL 1304 Notices Does Not Void Foreclosure Actions Introduction The case of Bank of America, N.A. v. Andrew Kessler (2023 N.Y. Slip Op. 804), adjudicated by...
Affirmation of Weapon Possession Convictions Reinforces Preservation of Procedural Defenses

Affirmation of Weapon Possession Convictions Reinforces Preservation of Procedural Defenses

Date: Feb 11, 2023
Affirmation of Weapon Possession Convictions Reinforces Preservation of Procedural Defenses Introduction The case of The People of the State of New York v. Devine D. Jacque-Crews, adjudicated in the...
Admissibility of Evidence and Preservation of Affirmative Defenses in Criminal Cases: Insights from People v. Britton

Admissibility of Evidence and Preservation of Affirmative Defenses in Criminal Cases: Insights from People v. Britton

Date: Feb 11, 2023
Admissibility of Evidence and Preservation of Affirmative Defenses in Criminal Cases: Insights from People v. Britton Introduction In the landmark case of The People of the State of New York v. Jason...
Establishing Evidentiary Standards in Trespass Litigation: An Analysis of Xu v. Van Zwienen

Establishing Evidentiary Standards in Trespass Litigation: An Analysis of Xu v. Van Zwienen

Date: Jan 26, 2023
Establishing Evidentiary Standards in Trespass Litigation: An Analysis of Xu v. Van Zwienen Introduction The case of Yan Ping Xu v. Raymond E. Van Zwienen, et al., decided on January 25, 2023, by the...
Supreme Court of New York Grants Broad Extensions of Time for Motion Applications

Supreme Court of New York Grants Broad Extensions of Time for Motion Applications

Date: Jan 21, 2023
Supreme Court of New York Grants Broad Extensions of Time for Motion Applications Introduction On January 20, 2023, the Supreme Court of New York, Second Department issued an unpublished opinion in...
Reinforcing Standards for Juror Impartiality and Mistrial Motions: Fisher v. People of New York

Reinforcing Standards for Juror Impartiality and Mistrial Motions: Fisher v. People of New York

Date: Jan 20, 2023
Reinforcing Standards for Juror Impartiality and Mistrial Motions: Fisher v. People of New York Introduction In The People of the State of New York v. Kenneth E. Fisher, the Supreme Court of New...
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