New York Case Commentaries

Enhanced Accountability in Insurance Remediation: Bennett v. State Farm Fire & Casualty Company

Date: May 17, 2018

Enhanced Accountability in Insurance Remediation: Bennett v. State Farm Fire & Casualty Company Introduction In the case of Richard Bennett, et al. v. State Farm Fire and Casualty Company, et al....

Reciprocal Discipline in Cross-Jurisdictional Attorney Misconduct: Esmeralda Machado v. Attorney Grievance Committee

Date: May 11, 2018

Reciprocal Discipline in Cross-Jurisdictional Attorney Misconduct: Esmeralda Machado v. Attorney Grievance Committee Introduction The case of Esmeralda Machado v. Attorney Grievance Committee...

Affirmation of Bilingual Miranda Warnings in Ensuring Voluntary Waiver of Rights: People v. Hinojososo-Soto

Date: May 5, 2018

Affirmation of Bilingual Miranda Warnings in Ensuring Voluntary Waiver of Rights: People v. Hinojososo-Soto Introduction The case of The People of the State of New York v. Rodolfo Hinojososo-Soto (77...

Assumption of Identity Through Use of Personal Identifying Information: A Landmark Interpretation of New York's Identity Theft Statute

Date: May 4, 2018

Assumption of Identity Through Use of Personal Identifying Information: A Landmark Interpretation of New York's Identity Theft Statute Introduction The Court of Appeals of New York, in the joint...

Stability and Best Interests: Affirming Custody Decisions in O'Hara v. DeMarsh

Date: May 4, 2018

Stability and Best Interests: Affirming Custody Decisions in O'Hara v. DeMarsh Introduction In the appellate decision O'Hara v. DeMarsh (75 N.Y.S.3d 673, 2018), the Supreme Court, Appellate Division,...

Establishing Subcontractor Liability under Labor Law §240(1): Insights from Wellington v. Christa Construction LLC and Tower Roofing Company, Inc.

Date: May 4, 2018

Establishing Subcontractor Liability under Labor Law §240(1): Insights from Wellington v. Christa Construction LLC and Tower Roofing Company, Inc. Introduction The case of Daniel Wellington et al. v....

Statute of Limitations and Shareholder Rights in Cooperative Corporations: Insights from Valyrakis v. 346 West 48th Street Housing Development Fund Corporation

Date: May 2, 2018

Statute of Limitations and Shareholder Rights in Cooperative Corporations: Insights from Valyrakis v. 346 West 48th Street Housing Development Fund Corporation Introduction The case of Yorgo...

Strict Compliance with RPAPL 1304 Notice Requirements in Foreclosure Actions Established in Wells Fargo Bank v. Mandrin

Date: Apr 26, 2018

Strict Compliance with RPAPL 1304 Notice Requirements in Foreclosure Actions Established in Wells Fargo Bank, N.A. v. Edward Mandrin Introduction The case of Wells Fargo Bank, N.A. v. Edward Mandrin...

Enforceability of Guaranties and the Necessity of Consideration: Insights from Chittemma REDDY v. Evangelos MIHOS

Date: Apr 18, 2018

Enforceability of Guaranties and the Necessity of Consideration: Insights from Chittemma REDDY v. Evangelos MIHOS Introduction The case of Chittemma REDDY v. Evangelos MIHOS involves a dispute over...

Commissioner's Authority in Environmental Adjudications: A New Precedent

Date: Apr 13, 2018

Commissioner's Authority in Environmental Adjudications: A New Precedent Introduction The case of In the Matter of Catskill Heritage Alliance, Inc., et al., v. New York State Department of...

Affirming Plaintiff's Right to Partial Summary Judgment Without Proving Absence of Comparative Negligence

Date: Apr 4, 2018

Affirming Plaintiff's Right to Partial Summary Judgment Without Proving Absence of Comparative Negligence Introduction In the landmark case of Carlos Rodriguez v. City of New York (31 N.Y.3d 312,...

Clarification of Additional Insured Requirements Under General Liability Insurance Policies: Gilbane Building Co. v. Liberty Insurance Underwriters

Date: Mar 28, 2018

Clarification of Additional Insured Requirements Under General Liability Insurance Policies: Gilbane Building Co. v. Liberty Insurance Underwriters Introduction The case of Gilbane Building Co./TDX...

Affirmation of Guilty Plea Voluntariness in The People v. Willard

Date: Mar 23, 2018

Affirmation of Guilty Plea Voluntariness in The People v. Willard Introduction In The People of the State of New York v. Paul K. Willard, 73 N.Y.S.3d 281 (Appellate Division, Third Department, 2018),...

Interpretation of Child Support Stipulations: Mandatory Payments Independent of Parenting Access Suspension

Date: Mar 8, 2018

Interpretation of Child Support Stipulations: Mandatory Payments Independent of Parenting Access Suspension Introduction The case of Steven B. Schonfeld v. Sidra Saucedo, decided by the Supreme...

KARWOWSKI v. 1407 BROADWAY REAL ESTATE: Reinforcement of Labor Law §241(6) in Construction Workspaces

Date: Mar 2, 2018

KARWOWSKI v. 1407 BROADWAY REAL ESTATE: Reinforcement of Labor Law §241(6) in Construction Workspaces Introduction In the case of Jan Karwowski v. 1407 Broadway Real Estate, LLC, the Supreme Court of...

Enforcement of Automatic Orders in Matrimonial Actions: Spencer v. Spencer

Date: Mar 1, 2018

Enforcement of Automatic Orders in Matrimonial Actions: Spencer v. Spencer Introduction Sharon Marie Spencer v. Dwayne Spencer, 159 A.D.3d 174, adjudicated by the Supreme Court, Appellate Division,...

Enhanced Interpretation of CPLR 205(a) in Mortgage Foreclosure: U.S. Bank National Association v. Marsha Rose Gordon

Date: Mar 1, 2018

Enhanced Interpretation of CPLR 205(a) in Mortgage Foreclosure: U.S. Bank National Association v. Marsha Rose Gordon Introduction The case of U.S. Bank National Association, etc., appellant, v....

Affirmation of Family Court's Discretion in Custody Modification: Emphasizing Best Interests of the Child

Date: Feb 23, 2018

Affirmation of Family Court's Discretion in Custody Modification: Emphasizing Best Interests of the Child Introduction The case of Jennifer L. Imrie v. Christopher Lyon, adjudicated by the Supreme...

Custody Modification Standards in Cases Involving Special Needs Children

Date: Feb 23, 2018

Custody Modification Standards in Cases Involving Special Needs Children Introduction The case of Audreanna VV. v. Nancy WW. (158 A.D.3d 1007) adjudicated by the Supreme Court, Appellate Division,...

Defining Third-Party Beneficiaries and Addressing Duplicative Negligence in Construction Contracts: DASNY v. Samson Construction Co.

Date: Feb 16, 2018

Defining Third-Party Beneficiaries and Addressing Duplicative Negligence in Construction Contracts: DASNY v. Samson Construction Co. Introduction The case of Dormitory Authority of the State of New...

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