New York Case Commentaries

Clarifying Evidentiary Standards: Sufficiency and Weight of Evidence in Criminal Appeals - People v. Franklin Rudge

Date: Jul 17, 2020

Clarifying Evidentiary Standards: Sufficiency and Weight of Evidence in Criminal Appeals Introduction People of the State of New York v. Franklin Rudge, 185 A.D.3d 1214 (Appellate Division, Supreme...

Reaffirming Probable Cause Standards in Controlled Substance Cases: The People v. Mack McMillan

Date: Jul 17, 2020

Reaffirming Probable Cause Standards in Controlled Substance Cases: The People v. Mack McMillan Introduction The People of the State of New York v. Mack McMillan, 185 A.D.3d 1208 (2020), is a...

Establishing Criminal Possession Through Circumstantial Evidence: People v. Hilton

Date: Jul 10, 2020

Establishing Criminal Possession Through Circumstantial Evidence: People v. Hilton Introduction The case of The People of the State of New York v. Xavier Hilton (185 A.D.3d 1147) presents a...

Reinstatement and Waiver Precedent Established in Matter of Paula Alejandra Menar

Date: Jul 10, 2020

Reinstatement and Waiver Precedent Established in Matter of Paula Alejandra Menar Introduction The case of In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Paula Alejandra Menar,...

Affirming the Attorney General's Authority under the Martin Act in Virtual Currency Fraud Investigations

Date: Jul 10, 2020

Affirming the Attorney General's Authority under the Martin Act in Virtual Currency Fraud Investigations Introduction The case of In re Letitia James, etc., Petitioner-Respondent, v. iFinex Inc., et...

Affirmation of Notice and Assumption of Risk Standards in Slip-and-Fall Litigation: Asprou v. Hellenic Orthodox Community

Date: Jul 9, 2020

Affirmation of Notice and Assumption of Risk Standards in Slip-and-Fall Litigation: Asprou v. Hellenic Orthodox Community Introduction The case of Paris Asprou v. Hellenic Orthodox Community of...

Strict Compliance with RPAPL 1304 Notice Essential for Foreclosure: USBank v. Antonia Haliotis

Date: Jul 9, 2020

Strict Compliance with RPAPL 1304 Notice Essential for Foreclosure: USBank v. Antonia Haliotis Introduction The case of USBank National Association, etc. v. Antonia Haliotis, et al. (128 N.Y.S.3d 17)...

Refining Risk Assessment in Sex Offender Classification: People v. Benton

Date: Jul 3, 2020

Refining Risk Assessment in Sex Offender Classification: People v. Benton Introduction People of the State of New York v. Marvin Benton is a landmark case adjudicated on July 2, 2020, by the...

Requiring a Sound and Substantial Basis for Parenting Time Orders: Analysis of Q. v. R.

Date: Jul 3, 2020

Requiring a Sound and Substantial Basis for Parenting Time Orders: Analysis of Q. v. R. Introduction In the appellate case titled In the Matter of Jill Q., Respondent-Appellant, v. James R.,...

Reallocation of Counsel and Expert Fees in Matrimonial Litigations: Insights from Danauta Marchese v. Michael Marchese

Date: Jul 2, 2020

Reallocation of Counsel and Expert Fees in Matrimonial Litigations: Insights from Danauta Marchese v. Michael Marchese Introduction The case of Danauta Marchese, appellant, v. Michael Marchese,...

Enhancing the Integrity of Witness Identification: The Carmona Decision

Date: Jul 2, 2020

Enhancing the Integrity of Witness Identification: The Carmona Decision Introduction The appellate case of The People of the State of New York v. Vincent Carmona (185 A.D.3d 600) addressed critical...

Intent in Burglary: New Precedent Affirmed in People v. Porter

Date: Jun 26, 2020

Intent in Burglary: New Precedent Affirmed in People v. Porter Introduction People of the State of New York v. Gerald Porter, 184 A.D.3d 1014 (2020), is a significant case adjudicated by the...

Enforcement of Liquidated Damages Clauses in Commercial Agreements: Center for Specialty Care v. CSC Acquisition

Date: Jun 26, 2020

Enforcement of Liquidated Damages Clauses in Commercial Agreements: Center for Specialty Care v. CSC Acquisition Introduction The case of Center for Specialty Care, Inc., et al., v. CSC Acquisition...

Affirmation of Assault and Official Misconduct Convictions in Care Facilities for Developmentally Disabled Persons

Date: Jun 26, 2020

Affirmation of Assault and Official Misconduct Convictions in Care Facilities for Developmentally Disabled Persons Introduction The case of The People of the State of New York v. Jerry W. Bush (184...

Establishing Liability under Labor Law §200 for Dangerous Premises Conditions: Commentary on Onofrio Modugno v. Bovis Lend Lease Interiors, Inc.

Date: Jun 25, 2020

Establishing Liability under Labor Law §200 for Dangerous Premises Conditions Introduction The case of Onofrio Modugno v. Bovis Lend Lease Interiors, Inc. (184 A.D.3d 820) presented before the...

Interactive Process Requirement under New York City Human Rights Law: Hosking v. Memorial Sloan-Kettering Cancer Center

Date: Jun 19, 2020

Interactive Process Requirement under New York City Human Rights Law: Hosking v. Memorial Sloan-Kettering Cancer Center Introduction The case of Madeline Hosking, as the Administratrix of the Estate...

New Precedent on Appeal Waivers in Plea Bargaining: People v. Darrius Sutton

Date: Jun 18, 2020

New Precedent on Appeal Waivers in Plea Bargaining: People v. Darrius Sutton Introduction In the landmark case of The People of the State of New York v. Darrius Sutton, the Supreme Court of the State...

Actual Knowledge Exception for Late Notice of Claim under General Municipal Law §50-e: Dusch v. Erie County Medical Center

Date: Jun 13, 2020

Actual Knowledge Exception for Late Notice of Claim under General Municipal Law §50-e: Dusch v. Erie County Medical Center Introduction Case: In the Matter of James D. Dusch, Claimant-Appellant, v....

Reinforcing Standards for Standing and Notice Compliance in Mortgage Foreclosure: PennyMac Corp. v. Arora

Date: Jun 11, 2020

Reinforcing Standards for Standing and Notice Compliance in Mortgage Foreclosure: PennyMac Corp. v. Arora Introduction The case of PennyMac Corp. v. Ganesh Arora revolves around a foreclosure action...

Enhanced Accessibility Mandate for NYC Subway System: Center for Independence of the Disabled v. MTA

Date: Jun 5, 2020

Enhanced Accessibility Mandate for NYC Subway System: Center for Independence of the Disabled v. MTA Introduction The case of Center for Independence of the Disabled, et al. v. Metropolitan...

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