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  • Commentaries
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New York Case Commentaries

Appellate Division Refines Final Decision-Making Authority in Joint Custody Arrangements

Appellate Division Refines Final Decision-Making Authority in Joint Custody Arrangements

Date: Dec 18, 2020
Appellate Division Refines Final Decision-Making Authority in Joint Custody Arrangements Introduction The case of Elizabeth B. v. Scott B., decided by the Appellate Division of the Supreme Court of...
Affirmation of Burden of Proof and Evidential Standards in Workers' Compensation Claims: Hanley v. Trustees of Columbia University

Affirmation of Burden of Proof and Evidential Standards in Workers' Compensation Claims: Hanley v. Trustees of Columbia University

Date: Dec 18, 2020
Affirmation of Burden of Proof and Evidential Standards in Workers' Compensation Claims: Hanley v. Trustees of Columbia University Introduction The case of Colleen Hanley v. Trustees of Columbia...
Authority to Act on Behalf of Non-Profit Organizations: Insights from Congregation Erech Shai Bais Yosef, Inc. v. Werzberger

Authority to Act on Behalf of Non-Profit Organizations: Insights from Congregation Erech Shai Bais Yosef, Inc. v. Werzberger

Date: Dec 17, 2020
Authority to Act on Behalf of Non-Profit Organizations: Insights from Congregation Erech Shai Bais Yosef, Inc. v. Werzberger Introduction The case of Congregation Erech Shai Bais Yosef, Inc., et al....
Reaffirmation of Owner Responsibilities Under Labor Law § 240(1): Gomez v. Merrick Road Realty Corp.

Reaffirmation of Owner Responsibilities Under Labor Law § 240(1): Gomez v. Merrick Road Realty Corp.

Date: Dec 17, 2020
Reaffirmation of Owner Responsibilities Under Labor Law § 240(1): Gomez v. Merrick Road Realty Corp. Introduction In the case of Aris Gomez v. 670 Merrick Road Realty Corp., et al. (189 A.D.3d 1187),...
Affirmation of Dismissal in Shareholder Retaliation and Breach of Contract Claims: Tsatskin v. Kordonsky et al.

Affirmation of Dismissal in Shareholder Retaliation and Breach of Contract Claims: Tsatskin v. Kordonsky et al.

Date: Dec 17, 2020
Affirmation of Dismissal in Shareholder Retaliation and Breach of Contract Claims: Tsatskin v. Kordonsky et al. Introduction In the appellate case Paul Tsatskin, etc., et al. v. Michael Kordonsky, et...
Reversal of Summary Judgment in Quid Pro Quo Sexual Harassment and Retaliation Claims: Franco v. Hyatt Corporation

Reversal of Summary Judgment in Quid Pro Quo Sexual Harassment and Retaliation Claims: Franco v. Hyatt Corporation

Date: Dec 16, 2020
Reversal of Summary Judgment in Quid Pro Quo Sexual Harassment and Retaliation Claims: Franco v. Hyatt Corporation Introduction In Anthony Franco v. Hyatt Corporation Doing Business as Hyatt Times...
Affirmative Negligence in Municipal Road Repairs: Martin v. City of New York

Affirmative Negligence in Municipal Road Repairs: Martin v. City of New York

Date: Dec 16, 2020
Affirmative Negligence in Municipal Road Repairs: Martin v. City of New York Introduction Nicholas Martin v. The City of New York is a pivotal case adjudicated by the Appellate Division of the...
Garrand v. People: Reinforcing Standards for Forcible Compulsion in Criminal Sexual Act Cases

Garrand v. People: Reinforcing Standards for Forcible Compulsion in Criminal Sexual Act Cases

Date: Dec 11, 2020
Garrand v. People: Reinforcing Standards for Forcible Compulsion in Criminal Sexual Act Cases Introduction The case of The People of the State of New York v. Daniel Garrand [134 N.Y.S.3d 583...
Re-defining 'Restaurant' under the Hospitality Industry Wage Order: Benitez v. Bolla Operating LI Corp.

Re-defining 'Restaurant' under the Hospitality Industry Wage Order: Benitez v. Bolla Operating LI Corp.

Date: Dec 10, 2020
Re-defining 'Restaurant' under the Hospitality Industry Wage Order: Benitez v. Bolla Operating LI Corp. Introduction In the landmark case of Walter Hernandez Benitez, etc., appellant, v. Bolla...
Policyholder Rights in Insurance Demutualization: Insights from Maple Medical, LLP v. Joseph Scott

Policyholder Rights in Insurance Demutualization: Insights from Maple Medical, LLP v. Joseph Scott

Date: Dec 10, 2020
Policyholder Rights in Insurance Demutualization: Insights from Maple Medical, LLP v. Joseph Scott Introduction The case of Maple Medical, LLP v. Joseph Scott delves into the intricacies of insurance...
Strict Compliance with RPAPL 1304 in Foreclosure Actions: Insights from Wilmington Savings Fund Society v. Menuchem Hershkowitz

Strict Compliance with RPAPL 1304 in Foreclosure Actions: Insights from Wilmington Savings Fund Society v. Menuchem Hershkowitz

Date: Dec 10, 2020
Strict Compliance with RPAPL 1304 in Foreclosure Actions: Insights from Wilmington Savings Fund Society v. Menuchem Hershkowitz Introduction The case of Wilmington Savings Fund Society, FSB v....
Judicial Decision-Making in Suppression Hearings Under Judiciary Law §21: Insights from Morris v. People of New York

Judicial Decision-Making in Suppression Hearings Under Judiciary Law §21: Insights from Morris v. People of New York

Date: Dec 10, 2020
Judicial Decision-Making in Suppression Hearings Under Judiciary Law §21: Insights from Morris v. People of New York Introduction Morris v. People of New York is a significant appellate decision...
Appellate Deference in Family Offense Proceedings: Jacobs Kalyan v. Trasybule

Appellate Deference in Family Offense Proceedings: Jacobs Kalyan v. Trasybule

Date: Dec 10, 2020
Appellate Deference in Family Offense Proceedings: Jacobs Kalyan v. Trasybule Introduction In the landmark case In the Matter of Ayanna Jacobs Kalyan v. Kevin Trasybule (136 N.Y.S.3d 35), adjudicated...
Waiver of Attorney-Client Privilege and Judicial Impartiality in Contract Interpretation Disputes: Van Ryn v. Goland

Waiver of Attorney-Client Privilege and Judicial Impartiality in Contract Interpretation Disputes: Van Ryn v. Goland

Date: Dec 4, 2020
Waiver of Attorney-Client Privilege and Judicial Impartiality in Contract Interpretation Disputes: Van Ryn v. Goland Introduction The case of Paul W. Van Ryn v. Lois Goland (189 A.D.3d 1749)...
Implied Covenant of Good Faith and Fair Dealing in Real Estate Brokerage: 106 N. Broadway, LLC v. Houlihan Lawrence

Implied Covenant of Good Faith and Fair Dealing in Real Estate Brokerage: 106 N. Broadway, LLC v. Houlihan Lawrence

Date: Dec 3, 2020
Implied Covenant of Good Faith and Fair Dealing in Real Estate Brokerage: 106 N. Broadway, LLC v. Houlihan Lawrence Introduction In the case of 106 N. Broadway, LLC v. Houlihan Lawrence, et al.,...
Withdrawal of Guilty Plea Due to Denied Right to Counsel: People v. Tyron Hollmond

Withdrawal of Guilty Plea Due to Denied Right to Counsel: People v. Tyron Hollmond

Date: Dec 3, 2020
Withdrawal of Guilty Plea Due to Denied Right to Counsel: People v. Tyron Hollmond Introduction People of the State of New York, respondent, v. Tyron Hollmond, appellant. (135 N.Y.S.3d 449) is a...
Affirmation of Protective Custody: Establishing Standards for Child Safety under Family Court Act §1028

Affirmation of Protective Custody: Establishing Standards for Child Safety under Family Court Act §1028

Date: Dec 3, 2020
Affirmation of Protective Custody: Establishing Standards for Child Safety under Family Court Act §1028 Introduction The case of In the Matter of Nyomi P. et al. v. Imeisha P. et al., decided by the...
Limitations on Enforceable Stipulations for Municipal Zoning in Annexation Cases: BT Holdings, LLC v. Village of Chester

Limitations on Enforceable Stipulations for Municipal Zoning in Annexation Cases: BT Holdings, LLC v. Village of Chester

Date: Dec 3, 2020
Limitations on Enforceable Stipulations for Municipal Zoning in Annexation Cases: BT Holdings, LLC v. Village of Chester Introduction In the case of BT Holdings, LLC v. Village of Chester, et al....
DeMartino v. Abrams et al.: Affirmation of Dismissal Due to Failure to State a Cause of Action

DeMartino v. Abrams et al.: Affirmation of Dismissal Due to Failure to State a Cause of Action

Date: Dec 3, 2020
DeMartino v. Abrams et al.: Affirmation of Dismissal Due to Failure to State a Cause of Action Introduction In the case of Franco A. DeMartino v. Abrams, Fensterman, Fensterman, Eisman, Formato,...
Drug Misuse as Prima Facie Evidence of Child Neglect Affirmed under Family Court Act §1046(a)(iii)

Drug Misuse as Prima Facie Evidence of Child Neglect Affirmed under Family Court Act §1046(a)(iii)

Date: Dec 3, 2020
Drug Misuse as Prima Facie Evidence of Child Neglect Affirmed under Family Court Act §1046(a)(iii) Introduction The case of Jesse W. v. Administration for Children's Services addresses critical...
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