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  • Commentaries
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New York Case Commentaries

Board of Managers’ Exclusive Liability for Condominium Common Elements under Labor Law §240(1): Lewis v. Lester's of N.Y., Inc.

Board of Managers’ Exclusive Liability for Condominium Common Elements under Labor Law §240(1): Lewis v. Lester's of N.Y., Inc.

Date: May 12, 2022
Board of Managers’ Exclusive Liability for Condominium Common Elements under Labor Law §240(1): Lewis v. Lester's of N.Y., Inc. Introduction In Andrew Lewis v. Lester's of N.Y., Inc. (2022 N.Y. Slip...
S.H. v. Diocese of Brooklyn: Limiting the Scope of CPLR 214-g and Upholding CPLR 202 in Reviving Time-Barred Claims

S.H. v. Diocese of Brooklyn: Limiting the Scope of CPLR 214-g and Upholding CPLR 202 in Reviving Time-Barred Claims

Date: May 5, 2022
S.H. v. Diocese of Brooklyn: Limiting the Scope of CPLR 214-g and Upholding CPLR 202 in Reviving Time-Barred Claims Introduction In the landmark case of S.H., appellant, v. Diocese of Brooklyn,...
Reaffirmation of Causation Standards in Toxic Tort Litigation: Nemeth v. Brenntag North America

Reaffirmation of Causation Standards in Toxic Tort Litigation: Nemeth v. Brenntag North America

Date: Apr 27, 2022
Reaffirmation of Causation Standards in Toxic Tort Litigation: Nemeth v. Brenntag North America Introduction In the landmark case of Francis Nemeth, Individually and as Personal Representative of the...
Affirmation of Appellate Division's Determination in People v. Malik Dawson: Standards for Determining Unequivocal Requests for Counsel

Affirmation of Appellate Division's Determination in People v. Malik Dawson: Standards for Determining Unequivocal Requests for Counsel

Date: Apr 27, 2022
Affirmation of Appellate Division's Determination in People v. Malik Dawson: Standards for Determining Unequivocal Requests for Counsel Introduction The case of The PEOPLE Of the State of New York,...
Concurrent Sentencing for Predicate Felonies in Assault Cases: The People v. Brown Decision

Concurrent Sentencing for Predicate Felonies in Assault Cases: The People v. Brown Decision

Date: Apr 23, 2022
Concurrent Sentencing for Predicate Felonies in Assault Cases: The People v. Brown Decision Introduction The case of The People of the State of New York v. Davontae Brown (204 A.D.3d 1390) addresses...
Establishing Rigorous Standards for Rent Stabilization Claims in Residential Tenancies

Establishing Rigorous Standards for Rent Stabilization Claims in Residential Tenancies

Date: Apr 15, 2022
Establishing Rigorous Standards for Rent Stabilization Claims in Residential Tenancies Introduction The appellate case of Kirk BALAY et al., Plaintiffs–Appellants, v. Manhattan 140 LLC,...
Interplay Between Arbitrable and Non-Arbitrable Claims: A New Precedent in ALP, Inc. v. Lawrence Moskowitz

Interplay Between Arbitrable and Non-Arbitrable Claims: A New Precedent in ALP, Inc. v. Lawrence Moskowitz

Date: Apr 13, 2022
Interplay Between Arbitrable and Non-Arbitrable Claims: A New Precedent in ALP, Inc. v. Lawrence Moskowitz Introduction The case of ALP, Inc., et al. v. Lawrence Moskowitz et al. adjudicated by the...
Kwong v. City of New York: Clarifying Discrimination and Retaliation Standards under New York Human Rights Laws

Kwong v. City of New York: Clarifying Discrimination and Retaliation Standards under New York Human Rights Laws

Date: Apr 8, 2022
Kwong v. City of New York: Clarifying Discrimination and Retaliation Standards under New York Human Rights Laws Introduction In Kinwing (Ricky) Kwong v. The City of New York et al., 204 A.D.3d 442...
Direct Physical Loss in Insurance Claims Amidst Pandemics: A Landmark Decision

Direct Physical Loss in Insurance Claims Amidst Pandemics: A Landmark Decision

Date: Apr 8, 2022
Direct Physical Loss in Insurance Claims Amidst Pandemics: A Landmark Decision Introduction The legal landscape surrounding insurance claims exacerbated by the COVID-19 pandemic has been fraught with...
Leung v. Port Authority: Clarifying the Application of the Relation-Back Doctrine in Amendment of Complaints

Leung v. Port Authority: Clarifying the Application of the Relation-Back Doctrine in Amendment of Complaints

Date: Apr 7, 2022
Leung v. Port Authority: Clarifying the Application of the Relation-Back Doctrine in Amendment of Complaints Introduction In Leung v. Port Authority of New York and New Jersey, the appellant, Roger...
Integral to the Work Defense in Labor Law § 241(6) Claims: Analysis of BAZDARIC v. ALMAH PARTNERS LLC

Integral to the Work Defense in Labor Law § 241(6) Claims: Analysis of BAZDARIC v. ALMAH PARTNERS LLC

Date: Apr 1, 2022
Integral to the Work Defense in Labor Law § 241(6) Claims: Analysis of BAZDARIC v. ALMAH PARTNERS LLC Introduction The case of Srecko BAZDARIC et al., Plaintiffs-Respondents versus ALMAH PARTNERS...
Reciprocal Disciplinary Measures in Cross-Jurisdictional Attorney Regulation: The Tustaniwsky Decision

Reciprocal Disciplinary Measures in Cross-Jurisdictional Attorney Regulation: The Tustaniwsky Decision

Date: Apr 1, 2022
Reciprocal Disciplinary Measures in Cross-Jurisdictional Attorney Regulation: The Tustaniwsky Decision Introduction The legal profession's integrity hinges on stringent disciplinary measures to...
Affirmation of Level Three Sex Offender Designation in PEOPLE v. HAIMS

Affirmation of Level Three Sex Offender Designation in PEOPLE v. HAIMS

Date: Mar 31, 2022
Affirmation of Level Three Sex Offender Designation in PEOPLE v. HAIMS Introduction PEOPLE of State of New York v. Bruce Haims (163 N.Y.S.3d 443) is a pivotal case adjudicated by the Supreme Court,...
Establishing Standards for Valid Waiver of Right to Appeal in Plea Agreements: People v. Rasha T. Stevens

Establishing Standards for Valid Waiver of Right to Appeal in Plea Agreements: People v. Rasha T. Stevens

Date: Mar 17, 2022
Establishing Standards for Valid Waiver of Right to Appeal in Plea Agreements: People v. Rasha T. Stevens Introduction The case of People v. Rasha T. Stevens (163 N.Y.S.3d 615) presents a pivotal...
Affirmation of Felony Murder and Robbery Convictions Based on Surveillance Evidence

Affirmation of Felony Murder and Robbery Convictions Based on Surveillance Evidence

Date: Mar 12, 2022
Affirmation of Felony Murder and Robbery Convictions Based on Surveillance Evidence Introduction In the case of The PEOPLE of the State of New York v. Wendell Griffin (164 N.Y.S.3d 345), the Supreme...
Flexible Standards for Amending Pleadings: Insights from Johnson v. Montefiore Medical Center

Flexible Standards for Amending Pleadings: Insights from Johnson v. Montefiore Medical Center

Date: Mar 9, 2022
Flexible Standards for Amending Pleadings: Insights from Johnson v. Montefiore Medical Center Introduction The appellate decision in Alma Johnson v. Montefiore Medical Center et al. (164 N.Y.S.3d...
Enforcement of Contractual Agreements Over Quasi-Contract Claims: Insights from INSPIRIT Development v. GMF 157 LP

Enforcement of Contractual Agreements Over Quasi-Contract Claims: Insights from INSPIRIT Development v. GMF 157 LP

Date: Mar 4, 2022
Enforcement of Contractual Agreements Over Quasi-Contract Claims: Insights from INSPIRIT Development and Construction, LLC v. GMF 157 LP Introduction The case of INSPIRIT Development and...
Carter Enterprises v. Parlux Fragrances: Establishing New Precedents in Trademark Licensing Agreements

Carter Enterprises v. Parlux Fragrances: Establishing New Precedents in Trademark Licensing Agreements

Date: Feb 25, 2022
Carter Enterprises v. Parlux Fragrances: Establishing New Precedents in Trademark Licensing Agreements Introduction The case of Parlux Fragrances, LLC, etc., et al. v. S. Carter Enterprises, LLC, et...
Strict Preservation Requirements for Prosecutorial Misconduct and Molineux Evidence: Insights from People v. Tarver

Strict Preservation Requirements for Prosecutorial Misconduct and Molineux Evidence: Insights from People v. Tarver

Date: Feb 25, 2022
Strict Preservation Requirements for Prosecutorial Misconduct and Molineux Evidence: Insights from People v. Tarver Introduction People v. Keimar Tarver, 202 A.D.3d 1368 (N.Y. App. Div. 3d Dept....
Reaffirmation of Nondelegable Duty and Liability under Labor Law § 240(1): Perez Quiroz v. Memorial Hospital for Cancer and Allied Diseases

Reaffirmation of Nondelegable Duty and Liability under Labor Law § 240(1): Perez Quiroz v. Memorial Hospital for Cancer and Allied Diseases

Date: Feb 23, 2022
Reaffirmation of Nondelegable Duty and Liability under Labor Law § 240(1): Perez Quiroz v. Memorial Hospital for Cancer and Allied Diseases Introduction In Perez Quiroz v. Memorial Hospital for...
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