New York Case Commentaries

Deliberate Indifference and Habeas Corpus in Pandemic-Related Confinement: Insights from Muntaqim v. Keyser

Date: Jun 5, 2020

Deliberate Indifference and Habeas Corpus in Pandemic-Related Confinement: Insights from Muntaqim v. Keyser Appellate Division of the Supreme Court of the State of New York Case No. 531323 | Date:...

Statute of Limitations Enforced in Mortgage Foreclosure: Christiana Trust v. Barua

Date: Jun 4, 2020

Statute of Limitations Enforced in Mortgage Foreclosure: Christiana Trust v. Barua Introduction In the landmark case of Christiana Trust, etc., v. Himon Barua, et al. (125 N.Y.S.3d 420, Supreme Court...

Reinstatement of Suspended Attorneys: Clarifying MPRE Waivers under Judiciary Law § 468-a

Date: May 29, 2020

Reinstatement of Suspended Attorneys: Clarifying MPRE Waivers under Judiciary Law § 468-a Introduction The case of Mira Taihi Ohm v. Attorney Grievance Committee for the Third Judicial Department...

Reed v. NYSEG: Appellate Division Establishes Two-Year Statute of Limitations for Wrongful Death Claims Against Municipal Defendants

Date: May 29, 2020

Reed v. NYSEG: Appellate Division Establishes Two-Year Statute of Limitations for Wrongful Death Claims Against Municipal Defendants Introduction The case of Andy R. Reed, Individually and as...

Denise Owens v. City of New York: Clarifying Governmental Immunity and Use of Deadly Force under 42 USC § 1983

Date: May 28, 2020

Denise Owens v. City of New York: Clarifying Governmental Immunity and Use of Deadly Force under 42 USC § 1983 Introduction The case of Denise Elliot Owens v. City of New York (124 N.Y.S.3d 695)...

Affirmation of Predatory Sexual Assault Conviction: People v. Forney Jr.

Date: May 22, 2020

Affirmation of Predatory Sexual Assault Conviction: People v. Forney Jr. Introduction In the appellate case The People of the State of New York v. Jeffrey A. Forney Jr., 124 N.Y.S.3d 732 (Appellate...

Enforcement of Forum Selection Clauses Against Non-Signatories through Close Relationships

Date: May 22, 2020

Enforcement of Forum Selection Clauses Against Non-Signatories through Close Relationships Introduction The case Highland Crusader Offshore Partners, L.P., et al. v. Targeted Deli (124 N.Y.S.3d 346)...

Kalabakas v. The People: Affirming Aggregate Weight in Multiple Narcotics Possession and Upholding Automobile Search Exceptions

Date: May 22, 2020

Kalabakas v. The People: Affirming Aggregate Weight in Multiple Narcotics Possession and Upholding Automobile Search Exceptions Introduction In the case of The People of the State of New York v....

Marino v. Marino: Clarifications on Parental Access and Counsel Fees in Divorce Proceedings

Date: May 21, 2020

Marino v. Marino: Clarifications on Parental Access and Counsel Fees in Divorce Proceedings Introduction Marino v. Marino is a pivotal case adjudicated by the Supreme Court of the State of New York...

Reversing Default Judgment: DiLorenzo v. Preferred Mutual Insurance Company

Date: May 15, 2020

Reversing Default Judgment: DiLorenzo v. Preferred Mutual Insurance Company Introduction The appellate case of Preferred Mutual Insurance Company v. Jonathan DiLorenzo (124 N.Y.S.3d 88, 2020)...

Affirmation of Insurer's Right to Summary Judgment Based on Failure to Attend Examinations Under Oath

Date: May 14, 2020

Affirmation of Insurer's Right to Summary Judgment Based on Failure to Attend Examinations Under Oath Introduction The case of Nationwide Affinity Insurance Company of America v. Iesha George, et al....

Enforcement of Contractual Indemnification and Proper Handling of Comparative Negligence in Summary Judgment

Date: May 14, 2020

Enforcement of Contractual Indemnification and Proper Handling of Comparative Negligence in Summary Judgment Introduction In the case of Hilario Martinez v. 281 Broadway Holdings, LLC, et al. (124...

Golston-Green v. City of New York: Expanding Liability Standards under the NYC Human Rights Law

Date: May 14, 2020

Golston-Green v. City of New York: Expanding Liability Standards under the NYC Human Rights Law Introduction Golston-Green v. City of New York, et al. (123 N.Y.S.3d 656) is a landmark case...

Clarifying Liability and Indemnification in Construction Accidents: Scott Cackett v. Gladden Properties, LLC

Date: May 8, 2020

Clarifying Liability and Indemnification in Construction Accidents: Scott Cackett v. Gladden Properties, LLC Introduction The case of Scott Cackett v. Gladden Properties, LLC, et al. adjudicated by...

Clarification of Successor Rights under CPLR 3215(c) in Foreclosure Actions

Date: May 7, 2020

Clarification of Successor Rights under CPLR 3215(c) in Foreclosure Actions Introduction In the landmark case of Wells Fargo Bank, NA v. Philip L. McKenzie, et al., decided by the Supreme Court of...

Affirmation of Second-Degree Murder Conviction under Circumstantial Evidence: In People v. Jo

Date: May 1, 2020

Affirmation of Second-Degree Murder Conviction under Circumstantial Evidence: In People v. Jo Introduction People of the State of New York v. Jo, 122 N.Y.S.3d 818, is a pivotal case adjudicated by...

Eastview Mall v. J. Crew: Interpretation of Gross Sales in Lease Agreements

Date: Apr 25, 2020

Eastview Mall v. J. Crew: Interpretation of Gross Sales in Lease Agreements Introduction Case: Eastview Mall, LLC v. Grace Holmes, Inc., doing business as J. Crew, and J. Crew Group, Inc. Court:...

Affirmation of Conviction in Strangulation and Assault Cases: An In-Depth Analysis of The People of the State of New York v. Scott Baber

Date: Apr 17, 2020

Affirmation of Conviction in Strangulation and Assault Cases The People of the State of New York v. Scott Baber, Appellant. (182 A.D.3d 794) Appellate Division of the Supreme Court of the State of...

Affirming Time and Materials Contract Enforcement in Adirondack Classic Design v. Farrell

Date: Apr 17, 2020

Affirming Time and Materials Contract Enforcement in Adirondack Classic Design, Inc. v. Harry Farrell Introduction The case of Adirondack Classic Design, Inc. v. Harry Farrell (182 A.D.3d 809),...

Establishing Liability under Labor Law § 241(6) in Construction-Related Slip and Fall Cases

Date: Apr 17, 2020

Establishing Liability under Labor Law § 241(6) in Construction-Related Slip and Fall Cases Introduction The case of Ala Ohadi, et al. v. Magnetic Construction Group Corp., et al. adjudicated by the...

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