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  • Commentaries
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New York Case Commentaries

Non-Negotiable Nature of Reverse Mortgage Agreements: OneWest Bank v. FMCDH Realty

Non-Negotiable Nature of Reverse Mortgage Agreements: OneWest Bank v. FMCDH Realty

Date: Sep 20, 2018
Non-Negotiable Nature of Reverse Mortgage Agreements: OneWest Bank v. FMCDH Realty Introduction The case of OneWest Bank, N.A., etc. v. FMCDH Realty, Inc., et al., decided by the Supreme Court of the...
Affirmation of Reverse False Claim Liability in Captive Insurance Tax Practices under the NYFCA

Affirmation of Reverse False Claim Liability in Captive Insurance Tax Practices under the NYFCA

Date: Aug 31, 2018
Affirmation of Reverse False Claim Liability in Captive Insurance Tax Practices under the NYFCA Introduction The case of Anonymous, Plaintiff-Appellant v. Anonymous, Defendant-Respondent, adjudicated...
REBNY v. City of New York: Affirming Organizational Standing in Zoning Law Challenges

REBNY v. City of New York: Affirming Organizational Standing in Zoning Law Challenges

Date: Aug 24, 2018
REBNY v. City of New York: Affirming Organizational Standing in Zoning Law Challenges Introduction The case of In re The Real Estate Board of New York, Inc. v. City of New York (84 N.Y.S.3d 33)...
Vacating Defaults in Real Property Litigation: Insights from Darcia Millard v. Denise Miner

Vacating Defaults in Real Property Litigation: Insights from Darcia Millard v. Denise Miner

Date: Aug 23, 2018
Vacating Defaults in Real Property Litigation: Insights from Darcia Millard v. Denise Miner Introduction The case of Darcia Millard v. Denise Miner, adjudicated by the Supreme Court of the State of...
De-Acceleration of Mortgage Debt and Statute of Limitations: Diane Milone v. US Bank National Association

De-Acceleration of Mortgage Debt and Statute of Limitations: Diane Milone v. US Bank National Association

Date: Aug 16, 2018
De-Acceleration of Mortgage Debt and Statute of Limitations: Diane Milone v. US Bank National Association Introduction Diane Milone v. US Bank National Association is a pivotal case adjudicated by...
Statute of Limitations in Fraudulent Schemes: Insights from People v. Olga Milman

Statute of Limitations in Fraudulent Schemes: Insights from People v. Olga Milman

Date: Aug 9, 2018
Statute of Limitations in Fraudulent Schemes: Insights from People v. Olga Milman Introduction The case of The People of the State of New York v. Olga Milman (81 N.Y.S.3d 535) adjudicated by the...
Establishing Duty of Care in Contractor Liability: Farrugia v. 1440 Broadway Associates

Establishing Duty of Care in Contractor Liability: Farrugia v. 1440 Broadway Associates

Date: Jul 13, 2018
Establishing Duty of Care in Contractor Liability: Farrugia v. 1440 Broadway Associates Introduction The case of Anthony Farrugia v. 1440 Broadway Associates, decided by the Appellate Division of the...
Establishing Personal Jurisdiction in Arbitration-Related Proceedings: Insights from the City of Syracuse v. Katherine Lee Case

Establishing Personal Jurisdiction in Arbitration-Related Proceedings: Insights from the City of Syracuse v. Katherine Lee Case

Date: Jul 6, 2018
Establishing Personal Jurisdiction in Arbitration-Related Proceedings: Insights from the City of Syracuse v. Katherine Lee Case Introduction The legal landscape surrounding arbitration and employment...
Executive Law § 632-a and the Priority of Victim Claims: Waldman v. State of New York

Executive Law § 632-a and the Priority of Victim Claims: Waldman v. State of New York

Date: Jul 6, 2018
Executive Law § 632-a and the Priority of Victim Claims: Waldman v. State of New York Introduction The appellate case Peter Waldman v. State of New York (81 N.Y.S.3d 601) presents a significant...
Affirmation of Common-Law Fraud Requirements and Enforcement of Sole Remedy Clauses in Ambac v. Countrywide

Affirmation of Common-Law Fraud Requirements and Enforcement of Sole Remedy Clauses in Ambac v. Countrywide

Date: Jun 28, 2018
Affirmation of Common-Law Fraud Requirements and Enforcement of Sole Remedy Clauses in Ambac v. Countrywide Introduction In the landmark case of Ambac Assurance Corporation, et al., Appellants, v....
Affirmation of Robbery, Arson, and Grand Larceny Convictions in People v. Jahson Marryshow

Affirmation of Robbery, Arson, and Grand Larceny Convictions in People v. Jahson Marryshow

Date: Jun 21, 2018
Affirmation of Robbery, Arson, and Grand Larceny Convictions in People v. Jahson Marryshow Introduction The case of The People of the State of New York v. Jahson Marryshow, decided on June 20, 2018,...
Harmless Error in Charging Lesser Included Offenses: Insights from People v. McIntosh

Harmless Error in Charging Lesser Included Offenses: Insights from People v. McIntosh

Date: Jun 16, 2018
Harmless Error in Charging Lesser Included Offenses: Insights from People v. McIntosh Introduction In the appellate case of The PEOPLE of the State of New York v. James R. McIntosh, decided on June...
Liability for Workplace Injuries and Adherence to Safety Regulations: Sochan v. Mueller

Liability for Workplace Injuries and Adherence to Safety Regulations: Sochan v. Mueller

Date: Jun 16, 2018
Liability for Workplace Injuries and Adherence to Safety Regulations: Sochan v. Mueller Introduction The case of Douglas Sochan and Kimberly Sochan v. Steve Mueller and Elite Auto Repair of Auburn,...
Finality of Guilty Pleas and Limitations on Actual Innocence Claims: An Analysis of PEOPLE v. Natascha TIGER

Finality of Guilty Pleas and Limitations on Actual Innocence Claims: An Analysis of PEOPLE v. Natascha TIGER

Date: Jun 15, 2018
Finality of Guilty Pleas and Limitations on Actual Innocence Claims: An Analysis of PEOPLE v. Natascha TIGER Introduction The case of THE PEOPLE of the State of New York, Appellant, v. Natascha...
Establishing Rational Basis in Child Welfare Determinations: Natasha W. v. NYS Office of Children and Family Services

Establishing Rational Basis in Child Welfare Determinations: Natasha W. v. NYS Office of Children and Family Services

Date: Jun 15, 2018
Establishing Rational Basis in Child Welfare Determinations: Natasha W. v. NYS Office of Children and Family Services Introduction The case of Natasha W. v. New York State Office of Children and...
Establishing Standards for Summary Judgment and Comparative Negligence in Negligence Actions: Poon v. Nisano

Establishing Standards for Summary Judgment and Comparative Negligence in Negligence Actions: Poon v. Nisano

Date: Jun 13, 2018
Establishing Standards for Summary Judgment and Comparative Negligence in Negligence Actions: Poon v. Nisano Introduction In the appellate case of Samuel Poon v. Rubin Nisano, decided on June 12,...
New Precedent: Martin Act Claims Governed by CPLR 214(2) Three-Year Statute of Limitations

New Precedent: Martin Act Claims Governed by CPLR 214(2) Three-Year Statute of Limitations

Date: Jun 13, 2018
New Precedent: Martin Act Claims Governed by CPLR 214(2) Three-Year Statute of Limitations Introduction In the landmark case of The PEOPLE of the State of New York v. CREDIT SUISSE SECURITIES (USA)...
Clarifying the De Facto Merger Doctrine in Successor Liability: R & D Electronics v. NYP Management

Clarifying the De Facto Merger Doctrine in Successor Liability: R & D Electronics v. NYP Management

Date: Jun 9, 2018
Clarifying the De Facto Merger Doctrine in Successor Liability: R & D Electronics v. NYP Management Introduction The case of R & D Electronics, Inc. v. NYP Management, Co., Inc. addresses pivotal...
Establishing Grounds for Child Abuse and Neglect through Corroborated Evidence: Analysis of In the Matter of Kaydence O.

Establishing Grounds for Child Abuse and Neglect through Corroborated Evidence: Analysis of In the Matter of Kaydence O.

Date: Jun 8, 2018
Establishing Grounds for Child Abuse and Neglect through Corroborated Evidence: Analysis of In the Matter of Kaydence O. Introduction In the Matter of Kaydence O., Alleged to be an Abused, Severely...
Establishing Statutory Agency in Construction Site Safety: Santos v. Condo 124 LLC

Establishing Statutory Agency in Construction Site Safety: Santos v. Condo 124 LLC

Date: May 30, 2018
Establishing Statutory Agency in Construction Site Safety: Santos v. Condo 124 LLC Introduction In the landmark case Franklin Santos, et al. v. Condo 124 LLC, et al., adjudicated by the Supreme...
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