New York Case Commentaries

Affirmation of Constructive Possession and Felony Offender Status in Sloley v. People

Date: Jan 17, 2020

Affirmation of Constructive Possession and Felony Offender Status in Sloley v. People Introduction In the landmark case The People of the State of New York v. Maxmillian Sloley (179 A.D.3d 1308),...

Affirmation of Burglary and Assault Convictions in Delbrey v. The People

Date: Jan 17, 2020

Affirmation of Burglary and Assault Convictions in Delbrey v. The People Introduction In the case of The People of the State of New York v. Eduardo J. Delbrey, adjudicated by the Appellate Division...

Subcontractors as Statutory Agents under NY Labor Law §240(1): Implications for Indemnification in Construction Contracts

Date: Jan 17, 2020

Subcontractors as Statutory Agents under NY Labor Law §240(1): Implications for Indemnification in Construction Contracts Introduction The case of Edward Higgins v. TST 375 Hudson, L.L.C., et al....

The People of the State of New York v. Santana: Affirmation of Effective Assistance of Counsel Standards

Date: Jan 17, 2020

The People of the State of New York v. Santana: Affirmation of Effective Assistance of Counsel Standards Introduction In the case The People of the State of New York v. David J. Santana, reported at...

Establishing Standards for Summary Judgment in Medical Malpractice: Analysis of Paul Yuri Samer v. Saili Desai et al.

Date: Jan 16, 2020

Establishing Standards for Summary Judgment in Medical Malpractice: Analysis of Paul Yuri Samer v. Saili Desai et al. Introduction The case of Paul Yuri Samer v. Saili Desai, et al. (179 A.D.3d 860)...

Physician's Duty to Advise on High-Risk Home Births: Romanelli v. Jones et al.

Date: Jan 16, 2020

Physician's Duty to Advise on High-Risk Home Births: Romanelli v. Jones et al. Introduction Romanelli v. Jones et al., 179 A.D.3d 851 (2020), presents a pivotal case in New York law concerning...

Establishing Plaintiff's Standing in Mortgage Foreclosure: Standards for Proper Endorsement under UCC Article 3

Date: Jan 9, 2020

Establishing Plaintiff's Standing in Mortgage Foreclosure: Standards for Proper Endorsement under UCC Article 3 Introduction The case of U.S. Bank National Association v. Charles Moulton et al. (179...

Affirmation of Conviction and Juror Misconduct Handling in Criminal Possession of Forged Instruments: Montes v. The People of New York

Date: Dec 27, 2019

Affirmation of Conviction and Juror Misconduct Handling in Criminal Possession of Forged Instruments: Montes v. The People of New York Introduction In the appellate case The People of the State of...

Vicarious Liability, Workers' Compensation, and Summary Judgment: A Comprehensive Review of Cioffi v. S.M. Foods, Inc.

Date: Dec 25, 2019

Vicarious Liability, Workers' Compensation, and Summary Judgment: A Comprehensive Review of Cioffi v. S.M. Foods, Inc. Introduction The case of Frederick M. Cioffi, et al. v. S.M. Foods, Inc., et al....

Affirmation of Conviction in People v. Brandon Logan: Implications for Evidentiary Standards and Fair Trial Protections

Date: Dec 21, 2019

Affirmation of Conviction in People v. Brandon Logan: Implications for Evidentiary Standards and Fair Trial Protections Introduction In the case of The People of the State of New York, Respondent, v....

Affirmation of Labor Law §240(1) Liability and Enforceability of Contractual Indemnification in Commercial Leases

Date: Dec 5, 2019

Affirmation of Labor Law §240(1) Liability and Enforceability of Contractual Indemnification in Commercial Leases Introduction In the case of Rodrigo Jara v. Costco Wholesale Corp., Westbury Liquors,...

Clarifying the Enforceability of Appellate Waivers in Plea Bargains: Insights from People v. Thomas, Green, and Lang

Date: Nov 27, 2019

Clarifying the Enforceability of Appellate Waivers in Plea Bargains: Insights from People v. Thomas, Green, and Lang Introduction The Court of Appeals of New York, in the consolidated cases of People...

Balancing Reasonable Compensation in Personal Injury Claims: Cal v. Tarpley

Date: Nov 21, 2019

Balancing Reasonable Compensation in Personal Injury Claims: Cal v. Tarpley Introduction Cal v. Tarpley, et al., 176 A.D.3d 929 (Supreme Court of the State of New York Appellate Division, Second...

Establishing Liability in Third-Party Claims: Randazzo v. Consolidated Edison Company

Date: Nov 14, 2019

Establishing Liability in Third-Party Claims: Randazzo v. Consolidated Edison Company Introduction The case of Anthony Randazzo, etc., plaintiff-appellant, v. Consolidated Edison Company of New York,...

Application of Collateral Estoppel in Mortgage Foreclosure Actions: Insights from HSBC Bank USA v. Maria Carchi

Date: Nov 14, 2019

Application of Collateral Estoppel in Mortgage Foreclosure Actions: Insights from HSBC Bank USA v. Maria Carchi Introduction The case of HSBC Bank USA, N.A., etc., v. Maria Carchi, et al. (177 A.D.3d...

Reversal of Foreclosure Judgment in JPMorgan Chase v. Akanda: A New Standard for Summary Judgment in Mortgage Foreclosure Cases

Date: Nov 14, 2019

Reversal of Foreclosure Judgment in JPMorgan Chase v. Akanda: A New Standard for Summary Judgment in Mortgage Foreclosure Cases Introduction The case of JPMorgan Chase Bank, National Association, v....

Inference of Intent and Evidence Sufficiency in Nonjury Trials: Ferguson v. The People of New York

Date: Nov 9, 2019

Inference of Intent and Evidence Sufficiency in Nonjury Trials: Ferguson v. The People of New York Introduction In the case of The People of the State of New York v. Sarah Ferguson (177 A.D.3d 1247),...

Establishing Standards for Juror Disqualification and Evidentiary Sufficiency in Contraband Cases

Date: Nov 1, 2019

Establishing Standards for Juror Disqualification and Evidentiary Sufficiency in Contraband Cases Introduction In the appellate case titled The People of the State of New York v. Joshua Crider (176...

Galasso v. Signature Bank: Expanding Vicarious Liability and Clarifying Bank Negligence Standards in Escrow Account Management

Date: Oct 31, 2019

Galasso v. Signature Bank: Expanding Vicarious Liability and Clarifying Bank Negligence Standards in Escrow Account Management Introduction Galasso, Langione & Botter, LLP v. Signature Bank,...

Ensuring Jury Impartiality: The Landmark Decision in People v. Neulander

Date: Oct 23, 2019

Ensuring Jury Impartiality: The Landmark Decision in People v. Neulander Introduction People v. Neulander (34 N.Y.3d 110) is a pivotal case adjudicated by the Court of Appeals of New York on October...

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