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  • Commentaries
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New York Case Commentaries

Refinement of Anders Relief Criteria in People v. Murray

Refinement of Anders Relief Criteria in People v. Murray

Date: Feb 14, 2019
Refinement of Anders Relief Criteria in People v. Murray (169 A.D.3d 227) Introduction People v. Raymond Murray is a pivotal appellate decision rendered by the Supreme Court of the State of New York,...
Dismissal of Environmental Challenge in Greenidge Power Plant Renovation: Implications for SEQRA Litigation

Dismissal of Environmental Challenge in Greenidge Power Plant Renovation: Implications for SEQRA Litigation

Date: Feb 9, 2019
Dismissal of Environmental Challenge in Greenidge Power Plant Renovation: Implications for SEQRA Litigation Introduction The case of Sierra Club, Committee to Preserve the Finger Lakes by and in the...
Affirmation of Dismissal in Legal Malpractice Claims: Strujan v. Kaufman & Kahn, LLP

Affirmation of Dismissal in Legal Malpractice Claims: Strujan v. Kaufman & Kahn, LLP

Date: Jan 31, 2019
Affirmation of Dismissal in Legal Malpractice Claims: Strujan v. Kaufman & Kahn, LLP Introduction The case of Elena Strujan v. Kaufman & Kahn, LLP et al., decided by the Supreme Court of the State of...
Affirming Parental Rights Termination under Social Services Law § 384-b: A Precedent in Permanent Neglect Cases

Affirming Parental Rights Termination under Social Services Law § 384-b: A Precedent in Permanent Neglect Cases

Date: Jan 18, 2019
Affirming Parental Rights Termination under Social Services Law § 384-b: A Precedent in Permanent Neglect Cases Introduction The case of In the Matter of JACE N., Alleged to be a Permanently...
Affirmation of Discretion in Admissibility of Prior Bad Acts and Sentencing in People v. Riis Matthew Silver

Affirmation of Discretion in Admissibility of Prior Bad Acts and Sentencing in People v. Riis Matthew Silver

Date: Jan 18, 2019
Affirmation of Discretion in Admissibility of Prior Bad Acts and Sentencing in People v. Riis Matthew Silver Introduction Case: The People of the State of New York v. Riis Matthew Silver, also known...
Delmestro Jr. v. Marlin: Clarifying Procedures for Awarding Costs under CPLR 6514(c)

Delmestro Jr. v. Marlin: Clarifying Procedures for Awarding Costs under CPLR 6514(c)

Date: Jan 17, 2019
Delmestro Jr. v. Marlin: Clarifying Procedures for Awarding Costs under CPLR 6514(c) Introduction In the landmark case of Delmestro Jr. v. Marlin, decided by the Supreme Court, Appellate Division,...
Appellate Division Establishes Enhanced Standards for Retaliation Claims under Civil Service Law §75-b

Appellate Division Establishes Enhanced Standards for Retaliation Claims under Civil Service Law §75-b

Date: Jan 4, 2019
Appellate Division Establishes Enhanced Standards for Retaliation Claims under Civil Service Law §75-b Introduction In the notable case of JORDON LILLEY, Appellant, v. GREENE CENTRAL SCHOOL DISTRICT...
Concurrent Sentencing Affirmed for Murder in the Second Degree and Criminal Possession of a Weapon

Concurrent Sentencing Affirmed for Murder in the Second Degree and Criminal Possession of a Weapon

Date: Dec 22, 2018
Concurrent Sentencing Affirmed for Murder in the Second Degree and Criminal Possession of a Weapon Introduction In the case of The PEOPLE of the State of New York, Respondent, v. Gary N. Maull, Also...
Reaffirming Liability Standards in Property Maintenance: Insights from Stancarone v. Sullivan

Reaffirming Liability Standards in Property Maintenance: Insights from Stancarone v. Sullivan

Date: Dec 6, 2018
Reaffirming Liability Standards in Property Maintenance: Insights from Stancarone v. Sullivan Introduction The case of Joseph Stancarone, et al., appellants, v. Hugh Sullivan, et al. (89 N.Y.S.3d...
Liability Standards under Labor Law §240(1) and Common-Law Negligence: Insights from Giannas v. 100 3rd Avenue Corp.

Liability Standards under Labor Law §240(1) and Common-Law Negligence: Insights from Giannas v. 100 3rd Avenue Corp.

Date: Nov 22, 2018
Liability Standards under Labor Law §240(1) and Common-Law Negligence: Insights from Giannas v. 100 3rd Avenue Corp. Introduction In the appellate case of Ioannis Giannas v. 100 3rd Avenue Corp., the...
Imputation of Knowledge in Brady Violations: The People of New York v. Quentin J. Lewis

Imputation of Knowledge in Brady Violations: The People of New York v. Quentin J. Lewis

Date: Nov 22, 2018
Imputation of Knowledge in Brady Violations: The People of New York v. Quentin J. Lewis Introduction The People of the State of New York v. Quentin J. Lewis (88 N.Y.S.3d 647), adjudicated by the...
Exclusive Oversight of Charter School Pre-K Programs Affirmed – DeVera v. Elia

Exclusive Oversight of Charter School Pre-K Programs Affirmed – DeVera v. Elia

Date: Nov 21, 2018
Exclusive Oversight of Charter School Pre-K Programs Affirmed – DeVera v. Elia Introduction The case of DeVera v. Elia addresses a pivotal issue in the governance of pre-kindergarten (Pre-K) programs...
Summary Judgment Standards in Negligence Actions Reinforced: Pagels v. Mullen

Summary Judgment Standards in Negligence Actions Reinforced: Pagels v. Mullen

Date: Nov 17, 2018
Summary Judgment Standards in Negligence Actions Reinforced: Pagels v. Mullen Introduction Pagels v. Mullen is a pivotal case adjudicated by the Supreme Court of the State of New York, Appellate...
Establishing Liability Standards Under Labor Law §200: Insights from Poulin v. Ultimate Homes

Establishing Liability Standards Under Labor Law §200: Insights from Poulin v. Ultimate Homes

Date: Nov 8, 2018
Establishing Liability Standards Under Labor Law §200: Insights from Poulin v. Ultimate Homes Introduction In Poulin, et al. v. Ultimate Homes, Inc. (87 N.Y.S.3d 189), the Supreme Court of the State...
Enforcing Arbitration Clauses in Third-Party Beneficiary Claims: Insights from the Long Island Power Authority Hurricane Sandy Litigation

Enforcing Arbitration Clauses in Third-Party Beneficiary Claims: Insights from the Long Island Power Authority Hurricane Sandy Litigation

Date: Oct 25, 2018
Enforcing Arbitration Clauses in Third-Party Beneficiary Claims: Insights from the Long Island Power Authority Hurricane Sandy Litigation Introduction The litigation involving the Long Island Power...
Timely Intervention and Evidentiary Standards in Mortgage Foreclosure: Fulton Holding Group, LLC v. Lindsay Lindoff et al.

Timely Intervention and Evidentiary Standards in Mortgage Foreclosure: Fulton Holding Group, LLC v. Lindsay Lindoff et al.

Date: Oct 25, 2018
Timely Intervention and Evidentiary Standards in Mortgage Foreclosure: Fulton Holding Group, LLC v. Lindsay Lindoff et al. Introduction The case of Fulton Holding Group, LLC v. Lindsay Lindoff et al....
Reining in Spoliation Sanctions: Limits on CPLR 3126 Penalties Affirmed

Reining in Spoliation Sanctions: Limits on CPLR 3126 Penalties Affirmed

Date: Oct 25, 2018
Reining in Spoliation Sanctions: Limits on CPLR 3126 Penalties Affirmed Introduction In the case of Matthew McDonnell, et al. v. Sandaro Realty, Inc., the Supreme Court of the State of New York...
Reaffirmation of the Substantial Evidence Standard in CPLR Article 78 Proceedings

Reaffirmation of the Substantial Evidence Standard in CPLR Article 78 Proceedings

Date: Oct 19, 2018
Reaffirmation of the Substantial Evidence Standard in CPLR Article 78 Proceedings Introduction In the case of Benjamin Haug v. State University of New York at Potsdam, et al. (32 N.Y.3d 1044), the...
Reinforcement of Child Abuse Standards under the Family Court Act: In the Matter of Jonah B.

Reinforcement of Child Abuse Standards under the Family Court Act: In the Matter of Jonah B.

Date: Oct 11, 2018
Reinforcement of Child Abuse Standards under the Family Court Act: In the Matter of Jonah B. Introduction The case In the Matter of Jonah B. (Anonymous), appellant. Administration for Children's...
Construction Contract Insurance Obligations: Main Uddin v. A.T.A. Construction Corp. Establishes Clear Standards for Additional Insured Requirements

Construction Contract Insurance Obligations: Main Uddin v. A.T.A. Construction Corp. Establishes Clear Standards for Additional Insured Requirements

Date: Sep 20, 2018
Construction Contract Insurance Obligations: Main Uddin v. A.T.A. Construction Corp. Establishes Clear Standards for Additional Insured Requirements Introduction Main Uddin v. A.T.A. Construction...
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