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  • Commentaries
  • Judgments

New York Case Commentaries

Establishing Duty of Care in Employer-Employee Relationships: Insights from Ben–Zion Moskowitz v. Abraham Masliansky

Establishing Duty of Care in Employer-Employee Relationships: Insights from Ben–Zion Moskowitz v. Abraham Masliansky

Date: Oct 7, 2021
Establishing Duty of Care in Employer-Employee Relationships: Insights from Ben–Zion Moskowitz v. Abraham Masliansky Introduction Ben–Zion Moskowitz v. Abraham Masliansky, 198 A.D.3d 637 (Sup. Ct.,...
CPLR 3211(a) and the Standard for Negligent Hiring: Insights from Roe v. Domestic and Foreign Missionary Society

CPLR 3211(a) and the Standard for Negligent Hiring: Insights from Roe v. Domestic and Foreign Missionary Society

Date: Oct 7, 2021
CPLR 3211(a) and the Standard for Negligent Hiring: Insights from Roe v. Domestic and Foreign Missionary Society Introduction The case of Jane Roe v. Domestic and Foreign Missionary Society of the...
Strict Compliance with RPAPL 1304: Separate Notices Required for Multiple Borrowers in Foreclosure Actions

Strict Compliance with RPAPL 1304: Separate Notices Required for Multiple Borrowers in Foreclosure Actions

Date: Sep 30, 2021
Strict Compliance with RPAPL 1304: Separate Notices Required for Multiple Borrowers in Foreclosure Actions Introduction The case of Wells Fargo Bank, N.A., etc. v. Fred J. Yapkowitz, et al. addresses...
Excessive Damages in Personal Injury Verdict: Masmalaj v. NYC Economic Development Corp.

Excessive Damages in Personal Injury Verdict: Masmalaj v. NYC Economic Development Corp.

Date: Sep 30, 2021
Excessive Damages in Personal Injury Verdict: Masmalaj v. New York City Economic Development Corporation Introduction In the case of Albert Masmalaj v. New York City Economic Development Corporation,...
Summary Judgment Affirmed in Labor Law §240(1) Violation - Masmalaj v. NYC Economic Development Corporation

Summary Judgment Affirmed in Labor Law §240(1) Violation - Masmalaj v. NYC Economic Development Corporation

Date: Sep 30, 2021
Summary Judgment Affirmed in Labor Law §240(1) Violation Albert Masmalaj v. New York City Economic Development Corporation, et al. (197 A.D.3d 1292, Supreme Court, Appellate Division, Second...
Collateral Estoppel in Personal Injury Litigation: Sean Lennon v. 56th and Park(NY) Owner, LLC

Collateral Estoppel in Personal Injury Litigation: Sean Lennon v. 56th and Park(NY) Owner, LLC

Date: Sep 16, 2021
Collateral Estoppel in Personal Injury Litigation: Sean Lennon v. 56th and Park(NY) Owner, LLC Introduction The case of Sean Lennon v. 56th and Park(NY) Owner, LLC serves as a pivotal judicial...
Equitable Distribution Reinforced in Silvers v. Silvers: A Landmark Divorce Judgment

Equitable Distribution Reinforced in Silvers v. Silvers: A Landmark Divorce Judgment

Date: Sep 16, 2021
Equitable Distribution Reinforced in Silvers v. Silvers: A Landmark Divorce Judgment Introduction In the case of Janice A. Silvers v. Lon Silvers (153 N.Y.S.3d 548), adjudicated by the Supreme Court,...
Affirmation of First-Degree Assault Conviction Reinforcing Grand Jury Evidence Standards

Affirmation of First-Degree Assault Conviction Reinforcing Grand Jury Evidence Standards

Date: Aug 27, 2021
Affirmation of First-Degree Assault Conviction Reinforcing Grand Jury Evidence Standards Introduction In the case of The People of the State of New York v. Anthony Moses (197 A.D.3d 951, Supreme...
U.S. Bank N.A. v. Carol Pickering-Robinson: Strengthening Compliance and Standing Requirements in Foreclosure Actions under RPAPL 1304

U.S. Bank N.A. v. Carol Pickering-Robinson: Strengthening Compliance and Standing Requirements in Foreclosure Actions under RPAPL 1304

Date: Aug 26, 2021
U.S. Bank N.A. v. Carol Pickering-Robinson: Strengthening Compliance and Standing Requirements in Foreclosure Actions under RPAPL 1304 Introduction In the landmark case U.S. Bank N.A. v. Carol...
Strict Standards for Vacating Defaults Due to Law Office Failure Established in Echevarria Decision

Strict Standards for Vacating Defaults Due to Law Office Failure Established in Echevarria Decision

Date: Aug 26, 2021
Strict Standards for Vacating Defaults Due to Law Office Failure Established in Echevarria Decision Introduction The case Wilmington Savings Fund Society, FSB, etc., v. Transito Rodriguez, et al.,...
Limits on Third-Party Guarantees for Nursing Facility Admissions: Analysis of Wedgewood Care Center v. Kravitz

Limits on Third-Party Guarantees for Nursing Facility Admissions: Analysis of Wedgewood Care Center v. Kravitz

Date: Aug 19, 2021
Limits on Third-Party Guarantees for Nursing Facility Admissions: Analysis of Wedgewood Care Center v. Kravitz Introduction The case of WEDGEWOOD CARE CENTER, INC., etc., respondent, v. Eric KRAVITZ,...
Affirmation of DWI Conviction: Timeliness of Suppression Motions in People v. Marte

Affirmation of DWI Conviction: Timeliness of Suppression Motions in People v. Marte

Date: Aug 6, 2021
Affirmation of DWI Conviction: Timeliness of Suppression Motions in People v. Marte Introduction The case of The PEOPLE of the State of New York v. Derly Marte (197 A.D.3d 411), adjudicated by the...
Appellate Division Reinforces Standards for Summary Judgment in Medical Malpractice: Cerrone v. NS-LIJ Health System

Appellate Division Reinforces Standards for Summary Judgment in Medical Malpractice: Cerrone v. NS-LIJ Health System

Date: Aug 5, 2021
Appellate Division Reinforces Standards for Summary Judgment in Medical Malpractice: Cerrone v. North Shore–Long Island Jewish Health System Introduction The case Brian Cerrone v. North Shore–Long...
Limits of the Plain View Doctrine in Warrantless Searches: People v. Mosquito

Limits of the Plain View Doctrine in Warrantless Searches: People v. Mosquito

Date: Aug 5, 2021
Limits of the Plain View Doctrine in Warrantless Searches: People v. Mosquito Introduction Case: The People, etc., respondent, v. Jahvon Mosquito, appellant. (197 A.D.3d 504) Court: Supreme Court,...
Supervisory Authority Under Labor Law §§200 and 241(6): Analysis of Hristos Kefaloukis v. Nancy B. Mayer, et al.

Supervisory Authority Under Labor Law §§200 and 241(6): Analysis of Hristos Kefaloukis v. Nancy B. Mayer, et al.

Date: Aug 5, 2021
Supervisory Authority Under Labor Law §§200 and 241(6): Analysis of Hristos Kefaloukis v. Nancy B. Mayer, et al. Introduction In the case of Hristos Kefaloukis v. Nancy B. Mayer, et al., adjudicated...
Affirmation of Nondelegable Duty and Homeowner Exemption under New Labor Law Precedents

Affirmation of Nondelegable Duty and Homeowner Exemption under New Labor Law Precedents

Date: Aug 5, 2021
Affirmation of Nondelegable Duty and Homeowner Exemption under New Labor Law Precedents Introduction In the landmark case of Thomas Navarra v. Maura Hannon et al., adjudicated by the Supreme Court,...
Dicta and Advisory Opinions Do Not Invoke Res Judicata or Collateral Estoppel: In B.Z. Chiropractic v. Allstate Insurance Company

Dicta and Advisory Opinions Do Not Invoke Res Judicata or Collateral Estoppel: In B.Z. Chiropractic v. Allstate Insurance Company

Date: Jul 22, 2021
Dicta and Advisory Opinions Do Not Invoke Res Judicata or Collateral Estoppel: In B.Z. Chiropractic v. Allstate Insurance Company Introduction The case of B.Z. Chiropractic, P.C. v. Allstate...
Retroactive Elimination of Mandatory Surcharges for Youthful Offenders: Analyzing People v. DYSHAWN B.

Retroactive Elimination of Mandatory Surcharges for Youthful Offenders: Analyzing People v. DYSHAWN B.

Date: Jul 22, 2021
Retroactive Elimination of Mandatory Surcharges for Youthful Offenders: Analyzing People v. DYSHAWN B. Introduction The case of The PEOPLE, etc., v. DYSHAWN B. (Anonymous), adjudicated by the Supreme...
Agency Relationships in CPS Investigations: Impact on Right to Counsel

Agency Relationships in CPS Investigations: Impact on Right to Counsel

Date: Jul 17, 2021
Agency Relationships in CPS Investigations: Impact on Right to Counsel Introduction In the landmark case The People of the State of New York v. Shane E. Desjardins (196 A.D.3d 1177, 4th Dept. 2021),...
Establishing Proper Application of the Domestic Violence Survivors Justice Act: People v. Addimando

Establishing Proper Application of the Domestic Violence Survivors Justice Act: People v. Addimando

Date: Jul 15, 2021
Establishing Proper Application of the Domestic Violence Survivors Justice Act: People v. Addimando Introduction In People v. Addimando, the Supreme Court, Appellate Division, Second Department of...
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