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  • Commentaries
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New York Case Commentaries

Bloomberg v. Doe: Clarifying the 'Employer' Definition in NYC Human Rights Law

Bloomberg v. Doe: Clarifying the 'Employer' Definition in NYC Human Rights Law

Date: Feb 12, 2021
Bloomberg v. Doe: Clarifying the 'Employer' Definition in NYC Human Rights Law Introduction In the landmark case Margaret Doe v. Bloomberg, L.P., et al. (2021 N.Y. Slip Op. 898), the Court of Appeals...
Affirmation of Fraud Exception in Rent Stabilization Overcharge Claims: KMR Amsterdam LLC v. Montera

Affirmation of Fraud Exception in Rent Stabilization Overcharge Claims: KMR Amsterdam LLC v. Montera

Date: Feb 10, 2021
Affirmation of Fraud Exception in Rent Stabilization Overcharge Claims: KMR Amsterdam LLC v. Montera Introduction The appellate case Ken Montera etc. v. KMR Amsterdam LLC, decided on February 9,...
Reaffirmation of Strict Burden-Shifting in Prior Written Notice under Municipal Negligence: Horst v. City of Syracuse

Reaffirmation of Strict Burden-Shifting in Prior Written Notice under Municipal Negligence: Horst v. City of Syracuse

Date: Feb 6, 2021
Reaffirmation of Strict Burden-Shifting in Prior Written Notice under Municipal Negligence: Horst v. City of Syracuse Introduction In Horst v. City of Syracuse, the Appellate Division of the Supreme...
Termination of Parental Rights Due to Permanent Neglect: Oswego County DSS v. Seth H.

Termination of Parental Rights Due to Permanent Neglect: Oswego County DSS v. Seth H.

Date: Feb 6, 2021
Termination of Parental Rights Due to Permanent Neglect: Oswego County DSS v. Seth H. Introduction The case of Oswego County Department of Social Services (DSS) v. Seth H. addresses the critical...
Establishing Equitable Mortgage on Spousal Interests: Insights from U.S. Bank N.A. v. Da

Establishing Equitable Mortgage on Spousal Interests: Insights from U.S. Bank N.A. v. Da

Date: Feb 4, 2021
Establishing Equitable Mortgage on Spousal Interests: Insights from U.S. Bank N.A. v. Da Introduction The case U.S. Bank National Association v. Da delves into the complexities surrounding mortgage...
Establishing Permanent Neglect: In the Matter of Jase M. Judgment Analysis

Establishing Permanent Neglect: In the Matter of Jase M. Judgment Analysis

Date: Jan 29, 2021
Establishing Permanent Neglect: In the Matter of Jase M. Judgment Analysis Introduction The case of In the Matter of Jase M., Alleged to be a Permanently Neglected Child involves a significant legal...
Fraudulent Inducement and Legal Malpractice in Trust Agreements: Insights from Berkovits v. Berko

Fraudulent Inducement and Legal Malpractice in Trust Agreements: Insights from Berkovits v. Berko

Date: Jan 28, 2021
Fraudulent Inducement and Legal Malpractice in Trust Agreements: Insights from Berkovits v. Berko Introduction The case of Joseph Berko v. ts, etc., et al., respondents (141 N.Y.S.3d 84) adjudicated...
Affirmation of Protective Orders for Overbroad Discovery Requests under CPLR 3103(a): Lombardi v. Lombardi

Affirmation of Protective Orders for Overbroad Discovery Requests under CPLR 3103(a): Lombardi v. Lombardi

Date: Jan 28, 2021
Affirmation of Protective Orders for Overbroad Discovery Requests under CPLR 3103(a): Lombardi v. Lombardi Introduction In the landmark case of Mary Beth Lombardi v. Vittorio Lombardi, adjudicated by...
Affirmation of Strict Default Procedures in Mortgage Foreclosure: HSBC Bank USA v. Mohamed Diallo

Affirmation of Strict Default Procedures in Mortgage Foreclosure: HSBC Bank USA v. Mohamed Diallo

Date: Jan 28, 2021
Affirmation of Strict Default Procedures in Mortgage Foreclosure: HSBC Bank USA v. Mohamed Diallo Introduction The case of HSBC Bank USA, National Association v. Mohamed Diallo (141 N.Y.S.3d 72)...
Homeowner's Exemption under Labor Law §240(1) and §241(6) in Personal Injury Claims

Homeowner's Exemption under Labor Law §240(1) and §241(6) in Personal Injury Claims

Date: Jan 28, 2021
Homeowner's Exemption under Labor Law §240(1) and §241(6) in Personal Injury Claims Introduction The case of John Debennedetto v. Abraham Chetrit et al. (140 N.Y.S.3d 569) adjudicated by the Supreme...
Reversing Summary Judgment in Medical Malpractice: Defining Physician-Patient Relationships and Burdens of Proof

Reversing Summary Judgment in Medical Malpractice: Defining Physician-Patient Relationships and Burdens of Proof

Date: Jan 28, 2021
Reversing Summary Judgment in Medical Malpractice: Defining Physician-Patient Relationships and Burdens of Proof Introduction The case of Carol Blau, et al. v. Les Benodin, et al. (140 N.Y.S.3d 576),...
Non-Retroactivity of Procedural Protections in Speedy Trial Claims: People v. Duggins Jr.

Non-Retroactivity of Procedural Protections in Speedy Trial Claims: People v. Duggins Jr.

Date: Jan 22, 2021
Non-Retroactivity of Procedural Protections in Speedy Trial Claims: People v. Duggins Jr. Introduction The appellate case of The People of the State of New York v. Ronald K. Duggins Jr. (140 N.Y.S.3d...
Procedural Integrity in Grand Jury Re-presentation: Affirming Court Authorization Requirements

Procedural Integrity in Grand Jury Re-presentation: Affirming Court Authorization Requirements

Date: Jan 15, 2021
Procedural Integrity in Grand Jury Re-presentation: Affirming Court Authorization Requirements Introduction In the appellate case of The People of the State of New York v. Sylvester Young (139...
Reinforcing Risk Factor Assessment for Sex Offenders: Insights from People v. Keith Brown

Reinforcing Risk Factor Assessment for Sex Offenders: Insights from People v. Keith Brown

Date: Jan 15, 2021
Reinforcing Risk Factor Assessment for Sex Offenders: Insights from People v. Keith Brown Introduction The appellate case of The People of the State of New York v. Keith Brown (140 N.Y.S.3d 303,...
Establishing Parental Neglect: A Comprehensive Analysis of Sheltering Arms Children and Family Services v. Maria L.G.C.

Establishing Parental Neglect: A Comprehensive Analysis of Sheltering Arms Children and Family Services v. Maria L.G.C.

Date: Jan 14, 2021
Establishing Parental Neglect: A Comprehensive Analysis of Sheltering Arms Children and Family Services v. Maria L.G.C. Introduction The case of Sheltering Arms Children and Family Services v. Maria...
Refining Summary Judgment Standards in Medical Malpractice Litigation: Zabary v. North Shore Hospital

Refining Summary Judgment Standards in Medical Malpractice Litigation: Zabary v. North Shore Hospital

Date: Jan 14, 2021
Refining Summary Judgment Standards in Medical Malpractice Litigation: Zabary v. North Shore Hospital Introduction In the case of Adam Zabary v. North Shore Hospital in Plainview (139 N.Y.S.3d 344),...
Enforceability of Reasonable Offer Clauses in Contracts: Insights from LMEG Wireless v. Farro

Enforceability of Reasonable Offer Clauses in Contracts: Insights from LMEG Wireless v. Farro

Date: Jan 14, 2021
Enforceability of Reasonable Offer Clauses in Contracts: Insights from LMEG Wireless, LLC v. Farro Introduction The appellate case LMEG Wireless, LLC, et al. v. Menachem Farro, decided on January 13,...
Affirmation of Criminal Possession and Contraband Charges: Saio Barzee v. The People of New York

Affirmation of Criminal Possession and Contraband Charges: Saio Barzee v. The People of New York

Date: Jan 8, 2021
Affirmation of Criminal Possession and Contraband Charges: Saio Barzee v. The People of New York Introduction In the appellate case of The People of the State of New York, Respondent, v. Saio Barzee,...
Reinstatement Standards for Suspended Attorneys: Insights from Attorney Grievance Committee v. Luce (2021)

Reinstatement Standards for Suspended Attorneys: Insights from Attorney Grievance Committee v. Luce (2021)

Date: Jan 8, 2021
Reinstatement Standards for Suspended Attorneys: Insights from Attorney Grievance Committee v. Luce (2021) Introduction The legal profession is governed by stringent ethical standards and regulatory...
Sole Legal Custody and Order of Protection Established in Y. v. Z. Case

Sole Legal Custody and Order of Protection Established in Y. v. Z. Case

Date: Jan 8, 2021
Sole Legal Custody and Order of Protection Established in Y. v. Z. Case Introduction The case of Paul Y. v. Patricia Z. involves a contentious custody battle between the parents of two children. The...
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