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  • Commentaries
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New York Case Commentaries

CPLR 306-b Extension Motion Denied: Insights from Wells Fargo Bank v. Anu Kaul

CPLR 306-b Extension Motion Denied: Insights from Wells Fargo Bank v. Anu Kaul

Date: Feb 20, 2020
CPLR 306-b Extension Motion Denied: Insights from Wells Fargo Bank, N.A. v. Anu Kaul Introduction In the appellate case of Wells Fargo Bank, N.A. v. Anu Kaul, 180 A.D.3d 956 (2020), the Supreme Court...
Liability Under Labor Law §240(1) in Workplace Safety Incidents

Liability Under Labor Law §240(1) in Workplace Safety Incidents

Date: Feb 19, 2020
Liability Under Labor Law §240(1) in Workplace Safety Incidents Introduction In the case of Waldemar Biaca-Neto, et al. v. Boston Road II Housing Development Fund Corporation, et al. (34 N.Y.3d...
Redefining "Customer" under FINRA Rules: In re LEK Securities Corp. v. Istvan Elek

Redefining "Customer" under FINRA Rules: In re LEK Securities Corp. v. Istvan Elek

Date: Feb 19, 2020
Redefining "Customer" under FINRA Rules: In re LEK Securities Corp. v. Istvan Elek Introduction The case of In re LEK Securities Corporation, et al., v. Istvan Elek (180 A.D.3d 533) presented a...
Clarifying CPLR 3213: Enforcement of Absolute Guarantees and the Exclusion of Performance Guarantees

Clarifying CPLR 3213: Enforcement of Absolute Guarantees and the Exclusion of Performance Guarantees

Date: Feb 19, 2020
Clarifying CPLR 3213: Enforcement of Absolute Guarantees and the Exclusion of Performance Guarantees Introduction In the case of Punch Fashion, LLC, et al. v. Merchant Factors Corp., heard by the...
Establishing Standing in Mortgage Foreclosure: Wells Fargo Bank v. Tricario

Establishing Standing in Mortgage Foreclosure: Wells Fargo Bank v. Tricario

Date: Feb 14, 2020
Establishing Standing in Mortgage Foreclosure: Wells Fargo Bank v. Tricario Introduction The case of Wells Fargo Bank, N.A., etc., v. Joseph Tricario, et al., Donna Tricario (180 A.D.3d 848) was...
Extension of Time to Serve under CPLR 306-b in Pending Actions: State of New York Mortgage Agency v. Yako

Extension of Time to Serve under CPLR 306-b in Pending Actions: State of New York Mortgage Agency v. Yako

Date: Feb 14, 2020
Extension of Time to Serve under CPLR 306-b in Pending Actions: State of New York Mortgage Agency v. Yako Introduction In the landmark case of State of New York Mortgage Agency v. Yakov Braun,...
Defining 'Lender' and Licensing Exemptions under Banking Law: Insights from Carmike Holding I, LLC v. Smith

Defining 'Lender' and Licensing Exemptions under Banking Law: Insights from Carmike Holding I, LLC v. Smith

Date: Feb 14, 2020
Defining 'Lender' and Licensing Exemptions under Banking Law: Insights from Carmike Holding I, LLC v. Smith Introduction In the landmark decision of Carmike Holding I, LLC v. David R. Smith (180...
Affirmation of Commitment Under Mental Hygiene Law Article 10: State v. Daniel J.

Affirmation of Commitment Under Mental Hygiene Law Article 10: State v. Daniel J.

Date: Feb 8, 2020
Affirmation of Commitment Under Mental Hygiene Law Article 10: State v. Daniel J. Introduction In the case of State of New York v. Daniel J. (Appellate Division, Fourth Judicial Department, 180...
Concurrent Sentencing for Murder and Weapon Possession: New Precedent in People v. McClinton

Concurrent Sentencing for Murder and Weapon Possession: New Precedent in People v. McClinton

Date: Feb 6, 2020
Concurrent Sentencing for Murder and Weapon Possession: New Precedent in People v. McClinton Introduction People of the State of New York v. Kevin McClinton, 180 A.D.3d 712 (Appellate Division,...
Reinforcing Nondelegable Duties of Property Owners under Labor Law §240(1): Von Hegel v. Brixmor Sunshine Square

Reinforcing Nondelegable Duties of Property Owners under Labor Law §240(1): Von Hegel v. Brixmor Sunshine Square

Date: Feb 6, 2020
Reinforcing Nondelegable Duties of Property Owners under Labor Law §240(1): Von Hegel v. Brixmor Sunshine Square Introduction The case of William Von Hegel, et al., v. Brixmor Sunshine Square, LLC,...
Conflicting Expert Testimony in Medical Malpractice: Appellate Division Denies Summary Judgment

Conflicting Expert Testimony in Medical Malpractice: Appellate Division Denies Summary Judgment

Date: Feb 6, 2020
Conflicting Expert Testimony in Medical Malpractice: Appellate Division Denies Summary Judgment Introduction In the landmark case of Dustan Meht v. n, etc., the Supreme Court of the State of New York...
Enhanced Sentencing in Controlled Substance Cases: Ensuring Due Process

Enhanced Sentencing in Controlled Substance Cases: Ensuring Due Process

Date: Jan 31, 2020
Enhanced Sentencing in Controlled Substance Cases: Ensuring Due Process Introduction In The People of the State of New York v. Stephen R. Blanford (179 A.D.3d 1388, Appellate Division of the Supreme...
Affirmation of Valid Waiver of Appeal and Evaluation of Preindictment Delay: People v. Acevedo III

Affirmation of Valid Waiver of Appeal and Evaluation of Preindictment Delay: People v. Acevedo III

Date: Jan 31, 2020
Affirmation of Valid Waiver of Appeal and Evaluation of Preindictment Delay: People v. Efrain Acevedo III Introduction In the case of The People of the State of New York v. Efrain Acevedo III (179...
Affirmation of Summary Judgment in Employment Discrimination and Retaliation Case: Reichman v. City of New York

Affirmation of Summary Judgment in Employment Discrimination and Retaliation Case: Reichman v. City of New York

Date: Jan 30, 2020
Affirmation of Summary Judgment in Employment Discrimination and Retaliation Case: Reichman v. City of New York Introduction In the case of James Reichman v. City of New York (179 A.D.3d 1115), the...
Renewal of Summary Judgment Motions: Strictures on Procedural Compliance and Evidence Admissibility

Renewal of Summary Judgment Motions: Strictures on Procedural Compliance and Evidence Admissibility

Date: Jan 30, 2020
Renewal of Summary Judgment Motions: Strictures on Procedural Compliance and Evidence Admissibility Introduction The appellate case of Deutsche Bank National Trust Company v. Moustafa Elshiekh et...
Enhancing Lender Compliance in Mortgage Foreclosure: Insights from US Bank National Association v. Bochicchio

Enhancing Lender Compliance in Mortgage Foreclosure: Insights from US Bank National Association v. Bochicchio

Date: Jan 30, 2020
Enhancing Lender Compliance in Mortgage Foreclosure: Insights from US Bank National Association v. Bochicchio Introduction The case of US Bank National Association, etc., v. Robert P. Bochicchio,...
Affirmation of Partial Verdicts and Double Jeopardy in Sexual Abuse Cases: People v. Ali R. Tebout

Affirmation of Partial Verdicts and Double Jeopardy in Sexual Abuse Cases: People v. Ali R. Tebout

Date: Jan 30, 2020
Affirmation of Partial Verdicts and Double Jeopardy in Sexual Abuse Cases: People v. Ali R. Tebout Introduction In the case of The People of the State of New York v. Ali R. Tebout, the Supreme Court...
Affirmation of Foreclosure Judgment: Personal Jurisdiction and Service of Process Standards Set in Deutsche Bank v. Ana Benitez

Affirmation of Foreclosure Judgment: Personal Jurisdiction and Service of Process Standards Set in Deutsche Bank v. Ana Benitez

Date: Jan 23, 2020
Affirmation of Foreclosure Judgment: Personal Jurisdiction and Service of Process Standards Set in Deutsche Bank v. Ana Benitez Introduction In Deutsche Bank National Trust Company v. Ana Benitez et...
Kassover and Grandell Rehabilitation Dismissed in Medical Malpractice Case

Kassover and Grandell Rehabilitation Dismissed in Medical Malpractice Case

Date: Jan 23, 2020
Kassover and Grandell Rehabilitation Dismissed in Medical Malpractice Case Introduction The case of Jay Schwartz, etc., v. Henry S. Partridge, etc., et al., defendants, Brian Kassover (179 A.D.3d...
Vicarious Liability of Hospitals for Independent Contracting Physicians: Insights from Fuessel v. Chin et al.

Vicarious Liability of Hospitals for Independent Contracting Physicians: Insights from Fuessel v. Chin et al.

Date: Jan 23, 2020
Vicarious Liability of Hospitals for Independent Contracting Physicians: Insights from Fuessel v. Chin et al. Introduction In the landmark case of William Fuessel v. Jerry Chin et al., Good Samaritan...
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