New York Case Commentaries

Custody and Relocation: Affirming the Child's Best Interests in Parental Custody Decisions

Date: Oct 10, 2019

Custody and Relocation: Affirming the Child's Best Interests in Parental Custody Decisions Introduction The case of John Henry Eckstein, Jr. v. Carolyn Alice Young adjudicated by the Supreme Court of...

Affirmation of Robbery Conviction Reinforces Standards for Evidence Sufficiency and Counsel Effectiveness

Date: Oct 5, 2019

Affirmation of Robbery Conviction Reinforces Standards for Evidence Sufficiency and Counsel Effectiveness Introduction In the appellate case The PEOPLE of the State of New York v. Dequann Thomas,...

Affirmation of Parental Custodial Rights and the Limits of the Mootness Doctrine in Visitation Appeals

Date: Oct 5, 2019

Affirmation of Parental Custodial Rights and the Limits of the Mootness Doctrine in Visitation Appeals Introduction The case of Kiersten A. Smith v. Sherri Ballam (176 A.D.3d 1591) adjudicated by the...

Tiequan Ward v. The People: Upholding Fair Trial Standards in Witness Handling and Confessions

Date: Aug 29, 2019

Tiequan Ward v. The People: Upholding Fair Trial Standards in Witness Handling and Confessions Introduction Tiequan Ward v. The People is a landmark decision by the Supreme Court of the State of New...

Ensuring Valid Waivers of Counsel in Default Custody Orders: Dinunzio v. Zylinski

Date: Aug 23, 2019

Ensuring Valid Waivers of Counsel in Default Custody Orders: Dinunzio v. Zylinski Introduction In Dinunzio v. Zylinski, the Supreme Court of the State of New York Appellate Division, Fourth Judicial...

Enhanced Standards for Medical Malpractice Claims: Analysis of M.C. v. Huntington Hospital

Date: Aug 22, 2019

Enhanced Standards for Medical Malpractice Claims: Analysis of M.C., et al. v. Huntington Hospital, et al. Introduction The legal landscape of medical malpractice was significantly shaped by the case...

Affirming the Relation-Back Doctrine under CPLR 203[f] for Amending Complaints to Add Direct Defendants

Date: Aug 8, 2019

Affirming the Relation-Back Doctrine under CPLR 203[f] for Amending Complaints to Add Direct Defendants Introduction The case of Luis Rivera v. Wyckoff Heights Medical Center et al. (175 A.D.3d 522)...

Ensuring Juror Impartiality: People v. Hernandez Establishes Rigorous Standards for Juror Challenges

Date: Aug 1, 2019

Ensuring Juror Impartiality: People v. Hernandez Establishes Rigorous Standards for Juror Challenges Introduction In the landmark case The PEOPLE of the State of New York, Respondent, v. Jose L....

Affirmation of Conviction in Controlled Substance Sale Case: People v. Small

Date: Jul 19, 2019

Affirmation of Conviction in Controlled Substance Sale Case: People v. Small Introduction In the appellate case The People of the State of New York v. Naquan D. Small (174 A.D.3d 1130), the...

Establishing Causality in Workers' Compensation: Insights from Ptesic v. Fox 5 New York

Date: Jul 19, 2019

Establishing Causality in Workers' Compensation: Insights from Ptesic v. Fox 5 New York Introduction In the appellate case of Ptesic v. Fox 5 New York et al., adjudicated by the Appellate Division of...

Substitution of Parties and Prevention of Case Abandonment in Mortgage Foreclosure: Analysis of U.S. Bank, N.A. v. Douglas M. Duran

Date: Jul 18, 2019

Substitution of Parties and Prevention of Case Abandonment in Mortgage Foreclosure: Analysis of U.S. Bank, N.A. v. Douglas M. Duran Introduction The case of U.S. Bank, National Association, etc., v....

Affirmation of Fraud and Fiduciary Duty Claims and Strict Standards for Arbitration in Qureshi v. Vital Transportation, Inc.

Date: Jun 20, 2019

Affirmation of Fraud and Fiduciary Duty Claims and Strict Standards for Arbitration in Qureshi v. Vital Transportation, Inc. Introduction In Tahir I. Qureshi, et al. v. Vital Transportation, Inc., et...

Insufficient Evidence of Knowledge in Operating an Uninsured Motor Vehicle: People v. Clark

Date: Jun 14, 2019

Insufficient Evidence of Knowledge in Operating an Uninsured Motor Vehicle: People v. Clark Introduction People of the State of New York v. Shaquelle M. Clark (64 Misc. 3d 127, 2019) is a pivotal...

Effective Assistance of Counsel: A New Precedent in Identification Testimony Suppression

Date: Jun 13, 2019

Effective Assistance of Counsel: A New Precedent in Identification Testimony Suppression Introduction The appellate case The People of the State of New York, v. Na (173 A.D.3d 896), adjudicated by...

Reaffirming Brady Obligations: People v. Giuca Establishes Strict Standards for Disclosure of Impeachment Evidence

Date: Jun 12, 2019

Reaffirming Brady Obligations: People v. Giuca Establishes Strict Standards for Disclosure of Impeachment Evidence Introduction The case of The People of the State of New York v. John Giuca (33...

Establishing the Authority of Child's Counsel in Custody Appeals and the Necessity of Demonstrating Changed Circumstances: Newton v. McFarlane

Date: Jun 6, 2019

Establishing the Authority of Child's Counsel in Custody Appeals and the Necessity of Demonstrating Changed Circumstances: Newton v. McFarlane Introduction The case of In the Matter of Kwana Newton...

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