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  • Commentaries
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New York Case Commentaries

Reinstatement Standards under JUDICIARY LAW § 468-A: AGC v. Kelly Summers Lawrence

Reinstatement Standards under JUDICIARY LAW § 468-A: AGC v. Kelly Summers Lawrence

Date: Apr 30, 2021
Reinstatement Standards under JUDICIARY LAW § 468-A: AGC v. Kelly Summers Lawrence Introduction The case of Attorney Grievance Committee for the Third Judicial Department v. Kelly Summers Lawrence...
People v. Karim Smith: Defining 'Serious Physical Injury' in Assault in the Second Degree

People v. Karim Smith: Defining 'Serious Physical Injury' in Assault in the Second Degree

Date: Apr 30, 2021
People v. Karim Smith: Defining 'Serious Physical Injury' in Assault in the Second Degree Introduction In the case of The People of the State of New York v. Karim Smith (193 A.D.3d 1260), the...
Timely Filing of Proof of Service: Establishing Procedural Integrity in Default Judgments

Timely Filing of Proof of Service: Establishing Procedural Integrity in Default Judgments

Date: Apr 30, 2021
Timely Filing of Proof of Service: Establishing Procedural Integrity in Default Judgments Introduction In the appellate case of Miller Greenberg Management Group, LLC v. Paul Couture, decided on...
Defining Reckless Driving and Inclusory Offenses in Aggravated Vehicular Homicide Cases: Ferguson v. People of New York

Defining Reckless Driving and Inclusory Offenses in Aggravated Vehicular Homicide Cases: Ferguson v. People of New York

Date: Apr 30, 2021
Defining Reckless Driving and Inclusory Offenses in Aggravated Vehicular Homicide Cases: Ferguson v. People of New York Introduction Ferguson v. People of New York is a landmark judgment delivered by...
Affirmation of Family Court's Custody and Relocation Determination in Megan UU. v. Phillip UU.

Affirmation of Family Court's Custody and Relocation Determination in Megan UU. v. Phillip UU.

Date: Apr 30, 2021
Affirmation of Family Court's Custody and Relocation Determination in Megan UU. v. Phillip UU. Introduction The case Megan UU. v. Phillip UU. (Proceeding No. 1), adjudicated by the Appellate Division...
Clarifying Public Figure Status in Defamation Law: Insights from Gottwald v. Sebert

Clarifying Public Figure Status in Defamation Law: Insights from Gottwald v. Sebert

Date: Apr 23, 2021
Clarifying Public Figure Status in Defamation Law: Insights from Gottwald v. Sebert Introduction The appellate case Gottwald v. Sebert (193 A.D.3d 573, 2021) serves as a significant landmark in New...
Establishing Neglect Through Domestic Violence: Insights from Administration for Children's Services v. Jairam T.

Establishing Neglect Through Domestic Violence: Insights from Administration for Children's Services v. Jairam T.

Date: Apr 22, 2021
Establishing Neglect Through Domestic Violence: Insights from Administration for Children's Services v. Jairam T. Introduction Administration for Children's Services v. Jairam T. is a landmark case...
Law of the Case and Borrowing Statute Defenses in RMBS Litigation: Analysis of In Re: PART 60 RMBS PUT - BACK LITIGATION

Law of the Case and Borrowing Statute Defenses in RMBS Litigation: Analysis of In Re: PART 60 RMBS PUT - BACK LITIGATION

Date: Apr 14, 2021
Law of the Case and Borrowing Statute Defenses in RMBS Litigation: Analysis of In Re: PART 60 RMBS PUT - BACK LITIGATION Introduction The case of In Re: PART 60 RMBS PUT - BACK LITIGATION (195 A.D.3d...
Constructive Trust and the Statute of Frauds: Insights from Payam Toobian v. Mehrdad Golzad

Constructive Trust and the Statute of Frauds: Insights from Payam Toobian v. Mehrdad Golzad

Date: Apr 8, 2021
Constructive Trust and the Statute of Frauds: Insights from Payam Toobian v. Mehrdad Golzad Introduction The legal landscape surrounding constructive trusts and the Statute of Frauds is intricate,...
Herrero v. 2146 Nostrand A: Establishing Liability Standards Under Labor Law §240(1)

Herrero v. 2146 Nostrand A: Establishing Liability Standards Under Labor Law §240(1)

Date: Apr 2, 2021
Herrero v. 2146 Nostrand A: Establishing Liability Standards Under Labor Law §240(1) Introduction In the appellate case Edgardo Herrero, Plaintiff-Respondent, v. 2146 Nostrand Avenue Associates, LLC,...
Clarifying Contractual Indemnification and Liability in Construction Accidents: The Ging v. Sciame Construction Co. Decision

Clarifying Contractual Indemnification and Liability in Construction Accidents: The Ging v. Sciame Construction Co. Decision

Date: Apr 2, 2021
Clarifying Contractual Indemnification and Liability in Construction Accidents: The Ging v. Sciame Construction Co. Decision Introduction The case of Albert Ging v. F.J. Sciame Construction Co.,...
Affirmation of Summary Judgment in Medical Malpractice and Informed Consent Cases

Affirmation of Summary Judgment in Medical Malpractice and Informed Consent Cases

Date: Apr 1, 2021
Affirmation of Summary Judgment in Medical Malpractice and Informed Consent Cases Introduction In the case of Christina Pirri-Logan, et al. v. Michael Pearl, etc. (2021 N.Y. Slip Op. 2001), the...
Establishing Standards for Summary Judgment in Medical Malpractice: Elstein v. Hammer et al.

Establishing Standards for Summary Judgment in Medical Malpractice: Elstein v. Hammer et al.

Date: Apr 1, 2021
Establishing Standards for Summary Judgment in Medical Malpractice: Elstein v. Hammer et al. Introduction The case of Mark E. Elstein, et al. v. Arthur W. Hammer, et al., decided by the Supreme Court...
Preponderance of Evidence in Child Neglect Determinations Involving Parental Substance Abuse: Analysis of Child Protective Unit v. Greg and Jacqueline C.

Preponderance of Evidence in Child Neglect Determinations Involving Parental Substance Abuse: Analysis of Child Protective Unit v. Greg and Jacqueline C.

Date: Mar 27, 2021
Preponderance of Evidence in Child Neglect Determinations Involving Parental Substance Abuse: Analysis of Child Protective Unit v. Greg and Jacqueline C. Introduction The case of Child Protective...
Goya v. Longwood Housing Development: Foreseeability in Labor Law and Indemnification Nuances

Goya v. Longwood Housing Development: Foreseeability in Labor Law and Indemnification Nuances

Date: Mar 26, 2021
Goya v. Longwood Housing Development: Foreseeability in Labor Law and Indemnification Nuances Introduction In the case of Milton Goya v. Longwood Housing Development Fund Company, Inc. (192 A.D.3d...
Expansion of Labor Law §240(1) Protections to Include Access Points in Construction Sites

Expansion of Labor Law §240(1) Protections to Include Access Points in Construction Sites

Date: Mar 25, 2021
Expansion of Labor Law §240(1) Protections to Include Access Points in Construction Sites Introduction The case of Robert Crutch v. 421 Kent Development, LLC et al. adjudicated by the Supreme Court...
Mable Assets LLC v. Beni Rachmano: Expanding Protections Against SLAPP Allegations

Mable Assets LLC v. Beni Rachmano: Expanding Protections Against SLAPP Allegations

Date: Mar 25, 2021
Mable Assets LLC v. Beni Rachmano: Expanding Protections Against SLAPP Allegations Introduction In the case of Mable Assets, LLC v. Beni Rachmano, the Supreme Court of the State of New York Appellate...
Reciprocal Discipline Reinforced in Attorney Grievance Committee Decision: Milara v. Attorney Grievance Committee

Reciprocal Discipline Reinforced in Attorney Grievance Committee Decision: Milara v. Attorney Grievance Committee

Date: Mar 24, 2021
Reciprocal Discipline Reinforced in Attorney Grievance Committee Decision: Milara v. Attorney Grievance Committee Introduction The case of Attorney Grievance Committee for the First Judicial...
Appellate Confirmation of Proper Witness Identification and Video Evidence Admissibility in Serious Criminal Cases

Appellate Confirmation of Proper Witness Identification and Video Evidence Admissibility in Serious Criminal Cases

Date: Mar 20, 2021
Appellate Confirmation of Proper Witness Identification and Video Evidence Admissibility in Serious Criminal Cases Introduction The case of The PEOPLE of the State of New York v. Joshua Q. Johnson...
Appellate Discretion in Sentencing: A Comprehensive Analysis of People v. Colon

Appellate Discretion in Sentencing: A Comprehensive Analysis of People v. Colon

Date: Mar 20, 2021
Appellate Discretion in Sentencing: A Comprehensive Analysis of People v. Colon Introduction In People of the State of New York v. Genesis Colon, the Supreme Court of the State of New York Appellate...
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