New York Case Commentaries

Affirmation of Luring a Child and Sexual Abuse Convictions in People v. Dickinson

Date: Apr 17, 2020

Affirmation of Luring a Child and Sexual Abuse Convictions in People v. Dickinson Introduction People of the State of New York v. Shannon Dickinson, 182 A.D.3d 783 (App. Div. 2020), is a pivotal case...

Clarifying Liability under Labor Law §241(6) for Hazardous Conditions on Construction Sites

Date: Apr 3, 2020

Clarifying Liability under Labor Law §241(6) for Hazardous Conditions on Construction Sites Introduction The case of Domingo Armental, Jr., Plaintiff-Appellant, Joy Armental, Plaintiff, v. 401 Park...

Establishing Limits on Retroactivity: The Court's Stand on HSTPA's Overcharge Calculations in Rent Stabilization Law

Date: Apr 3, 2020

Establishing Limits on Retroactivity: The Court's Stand on HSTPA's Overcharge Calculations in Rent Stabilization Law Introduction The case "In the Matter of Regina Metropolitan Co., LLC, Respondent,...

Armstrong v. United Frontier Mutual Insurance Co.: Redefining Proof of Loss Requirements in Insurance Contracts

Date: Mar 21, 2020

Armstrong v. United Frontier Mutual Insurance Co.: Redefining Proof of Loss Requirements in Insurance Contracts Introduction In the landmark case of Victoria C. Armstrong v. United Frontier Mutual...

Establishing Strict Requirements for Standing in Land Use Disputes: Analysis of 159-MP Corp. v. CAB Bedford, LLC

Date: Mar 19, 2020

Establishing Strict Requirements for Standing in Land Use Disputes: Analysis of 159-MP Corp. v. CAB Bedford, LLC Introduction The case of 159-MP Corp., etc., appellant-respondent, v. CAB Bedford,...

Affirmation of Summary Judgment in Fraudulent Misrepresentation and Tortious Interference Claims: Oxford Health Plans v. Biomed Pharmaceuticals

Date: Mar 19, 2020

Affirmation of Summary Judgment in Fraudulent Misrepresentation and Tortious Interference Claims: Oxford Health Plans v. Biomed Pharmaceuticals Introduction The case of Oxford Health Plans (NY),...

Establishing Timeliness Standards in Mortgage Foreclosures: Bank of New York Mellon v. Raymond Viola

Date: Mar 19, 2020

Establishing Timeliness Standards in Mortgage Foreclosures: Bank of New York Mellon v. Raymond Viola Introduction The case Bank of New York Mellon, etc., v. Raymond Viola, et al. (181 A.D.3d 767)...

Constructive Denial and Mootness in FOIL Proceedings: Gannett Satellite Information Network, LLC v. New York State Thruway Authority

Date: Mar 13, 2020

Constructive Denial and Mootness in FOIL Proceedings: Gannett Satellite Information Network, LLC v. New York State Thruway Authority Introduction The case of Gannett Satellite Information Network,...

Clarifying the Scope of O'Rama Mode of Proceedings Errors: Reversal Not Warranted for Irrelevant Jury Inquiries

Date: Mar 13, 2020

Clarifying the Scope of O'Rama Mode of Proceedings Errors: Reversal Not Warranted for Irrelevant Jury Inquiries Introduction The appellate case of The People of the State of New York v. Robert...

Negligent Supervision in School Transportation: Insights from Doe v. Ascend Charter Schools

Date: Mar 12, 2020

Negligent Supervision in School Transportation: Insights from Doe v. Ascend Charter Schools Introduction In the landmark case of Jane Doe, et al. v. Ascend Charter Schools, et al., adjudicated by the...

Dismissal of Criminal Usury Counterclaims Under CPLR 3211(a) Established in LG Funding v. United Senior Properties

Date: Mar 12, 2020

Dismissal of Criminal Usury Counterclaims Under CPLR 3211(a) Established in LG Funding v. United Senior Properties Introduction The appellate decision in LG Funding, LLC v. United Senior Properties...

Affirmation of Conviction in Assault Case: Safwan R. Bhuiyan v. The People of New York

Date: Mar 12, 2020

Affirmation of Conviction in Assault Case: Safwan R. Bhuiyan v. The People of New York Introduction In the case of The People of the State of New York v. Safwan R. Bhuiyan, 181 A.D.3d 699, decided by...

Necessity of Estate Joinder in Mortgage Foreclosures After Mortgagor Dies Intestate – U.S. Bank Trust v. Syl

Date: Mar 12, 2020

Necessity of Estate Joinder in Mortgage Foreclosures After Mortgagor Dies Intestate – U.S. Bank Trust v. Syl 1. Introduction The case of U.S. Bank Trust, N.A., etc., appellant, v. Sylvanie Gedeon,...

Reciprocal Disciplinary Actions: Aligning Legal Sanctions Across Jurisdictions

Date: Mar 6, 2020

Reciprocal Disciplinary Actions: Aligning Legal Sanctions Across Jurisdictions Introduction The case of Attorney Grie v. Attorney Grievance Committee for the First Judicial Department (183 A.D.3d 37,...

Affirmation of Multiple Convictions in People v. Horton: Establishing Standards for Evidence Weight and Credibility Assessments

Date: Mar 6, 2020

Affirmation of Multiple Convictions in People v. Horton: Establishing Standards for Evidence Weight and Credibility Assessments Introduction People of the State of New York v. Jeffrey L. Horton is a...

Cohen Brothers Realty Corp. v. Mapes et al.: Upholding Fraud and Civil Conspiracy Claims in Construction Contract Litigation

Date: Mar 4, 2020

Cohen Brothers Realty Corp. v. Mapes et al.: Upholding Fraud and Civil Conspiracy Claims in Construction Contract Litigation Introduction In the case of Cohen Brothers Realty Corp., et al.,...

Pinnock v Mercy Medical Center: Clarifying Summary Judgment Standards and Vicarious Liability in Medical Malpractice

Date: Feb 27, 2020

Pinnock v Mercy Medical Center: Clarifying Summary Judgment Standards and Vicarious Liability in Medical Malpractice Introduction The case of Shanique Pinnock v. Mercy Medical Center et al....

Conditional Acknowledgment of Debt Does Not Reset Statute of Limitations in Mortgage Foreclosure: Nationstar Mortgage, LLC v. Jean Dorsin

Date: Feb 27, 2020

Conditional Acknowledgment of Debt Does Not Reset Statute of Limitations in Mortgage Foreclosure: Nationstar Mortgage, LLC v. Jean Dorsin Introduction The case of Nationstar Mortgage, LLC v. Jean...

Reaffirming Contractor Liability under New York Labor Law: Alexandridis v. Van Gogh Contracting Company

Date: Feb 27, 2020

Reaffirming Contractor Liability under New York Labor Law: Alexandridis v. Van Gogh Contracting Company Introduction In the landmark case of Theodoros Alexandridis, et al. v. Van Gogh Contracting...

Relation-Back Doctrine Affirmed in Medical Malpractice Case: Petruzzi v. Purow et al.

Date: Feb 27, 2020

Relation-Back Doctrine Affirmed in Medical Malpractice Case: Petruzzi v. Purow et al. Introduction In the landmark case Michael Petruzzi, etc., respondent, v. Elias Purow, etc., et al., defendants;...

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