New York Case Commentaries

Reformation of Contracts Based on Mutual Mistake and Fraud: Insights from Lsirowkop, LLC v. Glenn Behr

Date: Feb 3, 2025

Reformation of Contracts Based on Mutual Mistake and Fraud: Insights from Lsirowkop, LLC v. Glenn Behr Introduction The case of Lsirowkop, LLC v. Glenn Behr adjudicated by the Supreme Court of New...

Impact of Notice of Pendency Validity in RPAPL Article 15 Actions: BR Madison, LLC v. Dianna J. Novas

Date: Feb 3, 2025

Impact of Notice of Pendency Validity in RPAPL Article 15 Actions: BR Madison, LLC v. Dianna J. Novas Introduction The case of BR Madison, LLC v. Dianna J. Novas (2025 N.Y. Slip Op. 417) was...

Establishing Duty of Care in School Districts: Negligent Hiring and Supervision Affirmed in Wells Brauner v. Locust Valley Central School District

Date: Feb 3, 2025

Establishing Duty of Care in School Districts: Negligent Hiring and Supervision Affirmed in Wells Brauner v. Locust Valley Central School District Introduction Wells Brauner v. Locust Valley Central...

Court Reaffirms Strict Interpretation of CPLR 208 for Tolling Statute of Limitations in Municipal Claims

Date: Feb 3, 2025

Court Reaffirms Strict Interpretation of CPLR 208 for Tolling Statute of Limitations in Municipal Claims Introduction In the landmark case of Sinclair v. City of New York (2025 N.Y. Slip Op. 453),...

Recognition of Foreign Adoptions Without Original Immigrant Visa: Windholz v. Surrogate's Court

Date: Feb 3, 2025

Recognition of Foreign Adoptions Without Original Immigrant Visa: Windholz v. Surrogate's Court Introduction The case Windholz v. Surrogate's Court (2025 N.Y. Slip Op. 448) marks a significant...

Reaffirming Batson Protocol: Ensuring Fair Jury Selection in People v. Damone Luke

Date: Jan 25, 2025

Reaffirming Batson Protocol: Ensuring Fair Jury Selection in People of the State of New York v. Damone Luke Introduction The case of People of the State of New York v. Damone Luke (2025 N.Y. Slip Op....

Establishing the 'Aggravation of Preexisting Conditions' Principle in Disability Retirement: Stefanik v. Gardner

Date: Jan 24, 2025

Establishing the 'Aggravation of Preexisting Conditions' Principle in Disability Retirement: Stefanik v. Gardner 1. Introduction The case of Scott Stefanik v. Colleen Gardner represents a significant...

Affirmation of Sexual Abuse Conviction Reinforces the Sufficiency of Corroborative Evidence and Victim Credibility in Child Endangerment Cases

Date: Jan 24, 2025

Affirmation of Sexual Abuse Conviction Reinforces the Sufficiency of Corroborative Evidence and Victim Credibility in Child Endangerment Cases Introduction In the case of The People of the State of...

Establishing the Boundaries of Causation in Medical Malpractice: Guthier v. DiPreta et al. (2025)

Date: Jan 23, 2025

Establishing the Boundaries of Causation in Medical Malpractice: Guthier v. DiPreta et al. (2025) Introduction Sharon Guthier v. John DiPreta et al., decided by the Supreme Court of New York, Third...

Enforceability of NDAs Under Duress: Insights from Guzel Ganieva v. Leon Black

Date: Jan 23, 2025

Enforceability of NDAs Under Duress: Insights from Guzel Ganieva v. Leon Black Introduction The case of Guzel Ganieva v. Leon Black, decided by the Supreme Court of New York, First Department in...

Establishing Fiduciary Duties in LLC Formation: Insights from Amici v. Mazza

Date: Jan 23, 2025

Establishing Fiduciary Duties in LLC Formation: Insights from Amici v. Mazza Introduction Thomas Amici, a contractor and joint owner of a real estate business, initiated legal action against his...

Clarifying Duty of Care and Assumption of Risk in Bystander Injury: Hankey v. Ogdensburg City School District

Date: Jan 23, 2025

Clarifying Duty of Care and Assumption of Risk in Bystander Injury: Hankey v. Ogdensburg City School District Introduction The case of Brandon M. Hankey et al. vs. Ogdensburg City School District...

Ensuring Procedural Due Process in Designating Sexually Violent Offenders under SORA: People v. Schultz

Date: Jan 23, 2025

Ensuring Procedural Due Process in Designating Sexually Violent Offenders under SORA: People v. Schultz Introduction The case of The People of the State of New York v. Kyle Schultz (2025 N.Y. Slip...

Affirmation of State Occupational Health and Safety Claims in the Context of Federal Preemption: Scaletta v. Michels Power, Inc.

Date: Jan 23, 2025

Affirmation of State Occupational Health and Safety Claims in the Context of Federal Preemption: Scaletta v. Michels Power, Inc. Introduction In the landmark case of Brandon Scaletta v. Michels...

The Necessity of a Complete Record for Appellate Review in Suppression Motions: People v. Crowley

Date: Jan 23, 2025

The Necessity of a Complete Record for Appellate Review in Suppression Motions: People v. Crowley Introduction The case of The People of the State of New York v. Jamie I. Crowley (2025 N.Y. Slip Op....

Supreme Court Precedent on Concealed Usurious Loans via Corporate Entities

Date: Jan 23, 2025

Supreme Court Precedent on Concealed Usurious Loans via Corporate Entities Introduction In the landmark case NY 2015 Boat LLC v. Eric Shapiro, et al., adjudicated by the Supreme Court of New York,...

Adherence to Police Inventory Search Policies: A New Legal Precedent

Date: Jan 23, 2025

Adherence to Police Inventory Search Policies: A New Legal Precedent Introduction In the case of The People of the State of New York v. Kenneth Gray (2025 N.Y. Slip Op. 249), the Supreme Court of New...

Clarity in Deed Language Essential for Easement Extinguishment: Insights from Camp Bearberry, LLC v. Rachel Khanna

Date: Jan 23, 2025

Clarity in Deed Language Essential for Easement Extinguishment: Insights from Camp Bearberry, LLC v. Rachel Khanna Introduction The case Camp Bearberry, LLC v. Rachel Khanna (2025 N.Y. Slip Op. 254)...

Establishing Legal Sufficiency in DWI Convictions: People v. Sheryl Erfurt

Date: Jan 23, 2025

Establishing Legal Sufficiency in DWI Convictions: People v. Sheryl Erfurt Introduction In the landmark case of The People of the State of New York v. Sheryl Erfurt (2025 N.Y. Slip Op. 247), the...

Concurrent Sentencing in Weapon Possession Cases: Analyzing People v. Dorvil

Date: Jan 23, 2025

Concurrent Sentencing in Weapon Possession Cases: Analyzing People v. Dorvil Introduction People of the State of New York v. Niam Dorvil (2025 N.Y. Slip Op. 246) is a pivotal case adjudicated by the...