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  • Commentaries
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New York Case Commentaries

Judicial Discretion in Sentencing: Appellate Modification to Concurrent Sentences in Gonzalez v. People

Judicial Discretion in Sentencing: Appellate Modification to Concurrent Sentences in Gonzalez v. People

Date: Aug 5, 2022
Judicial Discretion in Sentencing: Appellate Modification to Concurrent Sentences in Gonzalez v. People Introduction The People of the State of New York, Respondent, v. Orlando Gonzalez,...
Reaffirming the Child Victims Act: A Comprehensive Analysis of Shapiro v. Syracuse University

Reaffirming the Child Victims Act: A Comprehensive Analysis of Shapiro v. Syracuse University

Date: Aug 5, 2022
Reaffirming the Child Victims Act: A Comprehensive Analysis of Shapiro v. Syracuse University Introduction The case of John Shapiro, David Sweet and A.A. v. Syracuse University represents a pivotal...
Establishing Employer Liability Under Labor Law §240(1): Insights from Zong Wang Yang v. City of New York

Establishing Employer Liability Under Labor Law §240(1): Insights from Zong Wang Yang v. City of New York

Date: Jul 28, 2022
Establishing Employer Liability Under Labor Law §240(1): Insights from Zong Wang Yang v. City of New York Introduction The case of Zong Wang Yang, et al. v. City of New York, et al. (207 A.D.3d 791)...
Defining Freelance Worker Status Under the Freelance Isn't Free Act: A Comprehensive Analysis of Joseph Chen Inc. v. Romona Keveza Collection LLC

Defining Freelance Worker Status Under the Freelance Isn't Free Act: A Comprehensive Analysis of Joseph Chen Inc. v. Romona Keveza Collection LLC

Date: Jul 27, 2022
Defining Freelance Worker Status Under the Freelance Isn't Free Act: A Comprehensive Analysis of Joseph Chen Inc. v. Romona Keveza Collection LLC Introduction The case of Joseph Chen Inc. v. Romona...
Enhancing Sentencing Discretion under the Domestic Violence Survivors Justice Act: Analysis of People v. Burns

Enhancing Sentencing Discretion under the Domestic Violence Survivors Justice Act: Analysis of People v. Burns

Date: Jul 21, 2022
Enhancing Sentencing Discretion under the Domestic Violence Survivors Justice Act: Analysis of People v. Burns 1. Introduction The case of The People, etc., v. Thomas Burns, 207 A.D.3d 646 (Supreme...
Establishing Prima Facie Case in Asbestos Litigation: Dyer v. Amchem Products Inc. Judgment Analysis

Establishing Prima Facie Case in Asbestos Litigation: Dyer v. Amchem Products Inc. Judgment Analysis

Date: Jul 20, 2022
Establishing Prima Facie Case in Asbestos Litigation: Dyer v. Amchem Products Inc. Judgment Analysis Introduction The case of Kenneth J. Dyer v. Amchem Products Inc. et al., adjudicated by the...
Affirmation of Probable Cause Standards in Controlled Substance Cases: PEOPLE v. HIGHTOWER

Affirmation of Probable Cause Standards in Controlled Substance Cases: PEOPLE v. HIGHTOWER

Date: Jul 9, 2022
Affirmation of Probable Cause Standards in Controlled Substance Cases: PEOPLE v. HIGHTOWER Introduction In the case of THE PEOPLE of the State of New York v. Darren HIGHTOWER (207 A.D.3d 1199), the...
Affirming Jury Verdicts: Standards of Weight of Evidence in Montford v. People

Affirming Jury Verdicts: Standards of Weight of Evidence in Montford v. People

Date: Jul 8, 2022
Affirming Jury Verdicts: Standards of Weight of Evidence in Montford v. People Introduction In the case of The People of the State of New York v. Thomas Montford, the Supreme Court of New York, Third...
Reaffirmation of Non-Delegable Duty under Labor Law § 240(1): Mogrovejo v. HG Housing Development Fund

Reaffirmation of Non-Delegable Duty under Labor Law § 240(1): Mogrovejo v. HG Housing Development Fund

Date: Jul 7, 2022
Reaffirmation of Non-Delegable Duty under Labor Law § 240(1): Mogrovejo v. HG Housing Development Fund Introduction In Mogrovejo v. HG Housing Development Fund Company, Inc., the Supreme Court of New...
Affirmation of Theft Convictions and Procedural Requirements for Restitution Hearings in Piasta v. People

Affirmation of Theft Convictions and Procedural Requirements for Restitution Hearings in Piasta v. People

Date: Jul 2, 2022
Affirmation of Theft Convictions and Procedural Requirements for Restitution Hearings in Piasta v. People Introduction The case of The People of the State of New York v. Michael J. Piasta, Jr....
Reversing Partial Summary Judgment in Labor Law § 241(6) Claim: Owen Sutherland v. Tutor Perini Building Corp.

Reversing Partial Summary Judgment in Labor Law § 241(6) Claim: Owen Sutherland v. Tutor Perini Building Corp.

Date: Jul 1, 2022
Reversing Partial Summary Judgment in Labor Law § 241(6) Claim: Owen Sutherland v. Tutor Perini Building Corp. Introduction The case of Owen Sutherland v. Tutor Perini Building Corp. (207 A.D.3d 159)...
Preservation of Plea Validity: Reversal in People v. Reese

Preservation of Plea Validity: Reversal in People v. Reese

Date: Jul 1, 2022
Preservation of Plea Validity: Reversal in People v. Reese Introduction The case of The People of the State of New York v. Dennis Reese, adjudicated in the Supreme Court, Appellate Division, Third...
Affirmation of Rape Conviction in Rivera v. The People: Upholding Evidence Sufficiency and Jury Credibility Standards

Affirmation of Rape Conviction in Rivera v. The People: Upholding Evidence Sufficiency and Jury Credibility Standards

Date: Jun 24, 2022
Affirmation of Rape Conviction in Rivera v. The People: Upholding Evidence Sufficiency and Jury Credibility Standards Introduction In the case of The People of the State of New York v. Storm N....
Limitations on CPLR 205(a) Application to Non-Original Plaintiffs: Insights from ACE Securities Corp. v. DB Structured Products, Inc.

Limitations on CPLR 205(a) Application to Non-Original Plaintiffs: Insights from ACE Securities Corp. v. DB Structured Products, Inc.

Date: Jun 17, 2022
Limitations on CPLR 205(a) Application to Non-Original Plaintiffs: Insights from ACE Securities Corp. v. DB Structured Products, Inc. Introduction The legal landscape surrounding the CPLR 205(a),...
Adverse Inference Sanctions in Spoliation of Evidence: Insights from Dagro Associates II, LLC v. Chevron U.S.A., Inc.

Adverse Inference Sanctions in Spoliation of Evidence: Insights from Dagro Associates II, LLC v. Chevron U.S.A., Inc.

Date: Jun 16, 2022
Adverse Inference Sanctions in Spoliation of Evidence: Insights from Dagro Associates II, LLC v. Chevron U.S.A., Inc. Introduction The case of Dagro Associates II, LLC v. Chevron U.S.A., Inc. (206...
Specific Identification and Obligation in Conversion: Family Health Management LLC v. Rohan Developments LLC

Specific Identification and Obligation in Conversion: Family Health Management LLC v. Rohan Developments LLC

Date: Jun 10, 2022
Specific Identification and Obligation in Conversion: Family Health Management LLC v. Rohan Developments LLC Introduction The case of Family Health Management, LLC, et al. v. Rohan Developments, LLC...
Emphasis on Strict Compliance with RPAPL 1304 Notice Requirements in Mortgage Foreclosures: LNV Corp. v. Allison

Emphasis on Strict Compliance with RPAPL 1304 Notice Requirements in Mortgage Foreclosures: LNV Corp. v. Allison

Date: Jun 9, 2022
Emphasis on Strict Compliance with RPAPL 1304 Notice Requirements in Mortgage Foreclosures: LNV Corp. v. Allison Introduction In LNV Corporation v. Robert Allison, et al. (206 A.D.3d 710), the...
Affirming Mortgage Foreclosure Standards: Ditech Financial, LLC v. Maria E. Connors

Affirming Mortgage Foreclosure Standards: Ditech Financial, LLC v. Maria E. Connors

Date: Jun 9, 2022
Affirming Mortgage Foreclosure Standards: Ditech Financial, LLC v. Maria E. Connors Introduction The case of Ditech Financial, LLC, etc., v. Maria E. Connors, et al. adjudicated by the Supreme Court...
Statute of Limitations in Mortgage Foreclosure: Batavia Townhouses v. Council of Churches Housing Development Fund Company

Statute of Limitations in Mortgage Foreclosure: Batavia Townhouses v. Council of Churches Housing Development Fund Company

Date: May 25, 2022
Statute of Limitations in Mortgage Foreclosure: Batavia Townhouses v. Council of Churches Housing Development Fund Company Introduction Case Overview The appellate case of Batavia Townhouses, Ltd.,...
Policyholder Entitlement in Insurance Demutualization: Columbia Memorial Hospital v. Marcel E. Hinds and Related Appeals

Policyholder Entitlement in Insurance Demutualization: Columbia Memorial Hospital v. Marcel E. Hinds and Related Appeals

Date: May 20, 2022
Policyholder Entitlement in Insurance Demutualization: Columbia Memorial Hospital v. Marcel E. Hinds and Related Appeals Introduction The case of Columbia Memorial Hospital, Appellant, v. Marcel E....
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