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  • Commentaries
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New York Case Commentaries

Strict Enforcement of Timeliness and Waiver Provisions Under the Court of Claims Act: Jones v. State of New York

Strict Enforcement of Timeliness and Waiver Provisions Under the Court of Claims Act: Jones v. State of New York

Date: Apr 19, 2019
Strict Enforcement of Timeliness and Waiver Provisions Under the Court of Claims Act: Jones v. State of New York Introduction Robert Jones v. State of New York is a pivotal appellate decision...
Primary Physical Custody Awarded to Husband in Hossam S. Hassan v. Ranim F. Barakat

Primary Physical Custody Awarded to Husband in Hossam S. Hassan v. Ranim F. Barakat

Date: Apr 19, 2019
Primary Physical Custody Awarded to Husband in Hossam S. Hassan v. Ranim F. Barakat Introduction The case of Hossam S. Hassan v. Ranim F. Barakat (171 A.D.3d 1371) adjudicated by the Appellate...
Establishing Prima Facie Compliance with RPAPL 1304 in Mortgage Foreclosure Actions

Establishing Prima Facie Compliance with RPAPL 1304 in Mortgage Foreclosure Actions

Date: Apr 18, 2019
Establishing Prima Facie Compliance with RPAPL 1304 in Mortgage Foreclosure Actions Introduction The appellate decision in Citibank, N.A., etc., v. Elizabeth I. Conti-Scheurer, et al. (172 A.D.3d 17)...
Affirmation of Conviction in Vasquez v. The People: Implications for Disorderly Conduct Charges

Affirmation of Conviction in Vasquez v. The People: Implications for Disorderly Conduct Charges

Date: Apr 4, 2019
Affirmation of Conviction in Vasquez v. The People: Implications for Disorderly Conduct Charges Introduction The case of The People of the State of New York v. Rafael Vasquez (63 Misc. 3d 137)...
Turner Construction Co. v. Valdez: Expanding Contractor Responsibilities under Labor Law §§ 240(1) and 241(6)

Turner Construction Co. v. Valdez: Expanding Contractor Responsibilities under Labor Law §§ 240(1) and 241(6)

Date: Apr 4, 2019
Turner Construction Co. v. Valdez: Expanding Contractor Responsibilities under Labor Law §§ 240(1) and 241(6) Introduction In the landmark case Jose Valdez v. Turner Construction Company et al. (171...
Interpretation of Notice of Claim as a Contractual Promise in Share Purchase Agreements

Interpretation of Notice of Claim as a Contractual Promise in Share Purchase Agreements

Date: Mar 29, 2019
Interpretation of Notice of Claim as a Contractual Promise in Share Purchase Agreements Introduction The case of VXI Lux Holdco S.A.R.L. v. SIC Holdings, LLC, et al. adjudicated by the Supreme Court,...
Clarifying Standing and Business Records Admissibility in Mortgage Foreclosure: Insights from Bank of New York Mellon v. Dushaun Gordon

Clarifying Standing and Business Records Admissibility in Mortgage Foreclosure: Insights from Bank of New York Mellon v. Dushaun Gordon

Date: Mar 28, 2019
Clarifying Standing and Business Records Admissibility in Mortgage Foreclosure: Insights from Bank of New York Mellon v. Dushaun Gordon Introduction The case Bank of New York Mellon, etc.,...
Reaffirmation of Exclusive Remedy Doctrine and Clarification of Alter Ego Defense in Workers' Compensation Claims: Salinas v. 64 Jefferson Apartments, LLC

Reaffirmation of Exclusive Remedy Doctrine and Clarification of Alter Ego Defense in Workers' Compensation Claims: Salinas v. 64 Jefferson Apartments, LLC

Date: Mar 28, 2019
Reaffirmation of Exclusive Remedy Doctrine and Clarification of Alter Ego Defense in Workers' Compensation Claims: Salinas v. 64 Jefferson Apartments, LLC Introduction The case of Jose Salinas v. 64...
Affirmation of Valid Appeal Waiver in Guilty Plea: People v. Craig Arscott

Affirmation of Valid Appeal Waiver in Guilty Plea: People v. Craig Arscott

Date: Mar 22, 2019
Affirmation of Valid Appeal Waiver in Guilty Plea: People v. Craig Arscott Introduction In the case of The People of the State of New York v. Craig Arscott, adjudicated by the Supreme Court,...
Recording Requirements for Homeowners' Association By-law Amendments: Keller v. Kay

Recording Requirements for Homeowners' Association By-law Amendments: Keller v. Kay

Date: Mar 21, 2019
Recording Requirements for Homeowners' Association By-law Amendments: Sheila Keller v. Steven Kay Introduction The case of Sheila Keller v. Steven Kay (170 A.D.3d 978) presents a pivotal examination...
Supremacy Clause Does Not Grant Presidential Immunity from State Court Defamation Actions: Summer Zervos v. Donald Trump

Supremacy Clause Does Not Grant Presidential Immunity from State Court Defamation Actions: Summer Zervos v. Donald Trump

Date: Mar 15, 2019
Supremacy Clause Does Not Grant Presidential Immunity from State Court Defamation Actions: Summer Zervos v. Donald Trump Introduction In the landmark case of Summer Zervos v. Donald J. Trump, decided...
Clarifying Plaintiff Standing and Collateral Estoppel in Mortgage Foreclosure: Bank of New York Mellon v. Chamoula

Clarifying Plaintiff Standing and Collateral Estoppel in Mortgage Foreclosure: Bank of New York Mellon v. Chamoula

Date: Mar 14, 2019
Clarifying Plaintiff Standing and Collateral Estoppel in Mortgage Foreclosure: Bank of New York Mellon v. Chamoula Introduction Bank of New York Mellon, etc., appellant, v. Esther Chamoula,...
Reinterpretation of 'Neglect of Duty' under NYC Charter §1109: Implications from In re Letitia James v. Carmen Fariña

Reinterpretation of 'Neglect of Duty' under NYC Charter §1109: Implications from In re Letitia James v. Carmen Fariña

Date: Mar 13, 2019
Reinterpretation of 'Neglect of Duty' under NYC Charter §1109: Implications from In re Letitia James v. Carmen Fariña Introduction The case In re Letitia James, etc., Petitioner–Respondent, v. Carmen...
Functional Equivalence Test Upholds Stairways as Sidewalks under Prior Written Notice Statutes

Functional Equivalence Test Upholds Stairways as Sidewalks under Prior Written Notice Statutes

Date: Feb 22, 2019
Functional Equivalence Test Upholds Stairways as Sidewalks under Prior Written Notice Statutes Introduction The case of Randall M. Hinton v. Village of Pulaski (33 N.Y.3d 931) adjudicated by the...
Establishing Liability in Foster Care: Insights from Cheryl George v. Graham Windham

Establishing Liability in Foster Care: Insights from Cheryl George v. Graham Windham

Date: Feb 21, 2019
Establishing Liability in Foster Care: Insights from Cheryl George v. Graham Windham Introduction In the landmark case of Cheryl George, etc., appellant, v. Graham Windham, respondent, et al.,...
Truth Defense and Opinion Protection in Defamation: Bernard Udell v. NYP Holdings

Truth Defense and Opinion Protection in Defamation: Bernard Udell v. NYP Holdings

Date: Feb 21, 2019
Truth Defense and Opinion Protection in Defamation: Bernard Udell v. NYP Holdings Introduction In Bernard Udell, et al. v. NYP Holdings, Inc., et al. (169 A.D.3d 954), the Appellate Division of the...
CPLR 205(a) Applicability in RMBS Trustee Actions: A Comprehensive Analysis of U.S. Bank Nat. Assn. v. DLJ Mortgage Capital, Inc.

CPLR 205(a) Applicability in RMBS Trustee Actions: A Comprehensive Analysis of U.S. Bank Nat. Assn. v. DLJ Mortgage Capital, Inc.

Date: Feb 20, 2019
CPLR 205(a) Applicability in RMBS Trustee Actions: A Comprehensive Analysis of U.S. Bank Nat. Assn. v. DLJ Mortgage Capital, Inc. Introduction The case of U.S. Bank National Association, Solely in...
Nonresident Attorney Compliance with Judiciary Law §470: Filing Actions Remains Valid

Nonresident Attorney Compliance with Judiciary Law §470: Filing Actions Remains Valid

Date: Feb 15, 2019
Nonresident Attorney Compliance with Judiciary Law §470: Filing Actions Remains Valid Introduction In the case of Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P. (32 N.Y.3d 645,...
MHLS Counsel Participation in Treatment Planning: Establishing New Precedent in In the Matter of Mental Hygiene Legal Service v. Sullivan

MHLS Counsel Participation in Treatment Planning: Establishing New Precedent in In the Matter of Mental Hygiene Legal Service v. Sullivan

Date: Feb 15, 2019
MHLS Counsel Participation in Treatment Planning: Establishing New Precedent in In the Matter of Mental Hygiene Legal Service v. Sullivan Introduction In the landmark case of In the Matter of Mental...
Standing in Mental Health Case: Court of Appeals Reverses MHLS Petition

Standing in Mental Health Case: Court of Appeals Reverses MHLS Petition

Date: Feb 15, 2019
Standing in Mental Health Case: Court of Appeals Reverses MHLS Petition Introduction The case of In the Matter of Mental Hygiene Legal Service v. Daniels involves a dispute over the standing of the...
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