New York Case Commentaries

Negligence Per Se Established in Morante v. Blaney: Implications for Traffic Law Compliance

Date: Jan 14, 2025

Negligence Per Se Established in Morante v. Blaney: Implications for Traffic Law Compliance Introduction In Claudia Morante v. Thomas E. Blaney, Jr., adjudicated by the Supreme Court of New York,...

Legal Commentary: Vacating Conviction for Criminal Possession of Stolen Property in Howell v. The People of New York

Date: Jan 14, 2025

Vacating Conviction for Criminal Possession of Stolen Property: Howell v. The People of New York Introduction In the landmark case of The People of the State of New York v. Leon Howell (also known as...

Waiver of Personal Jurisdiction through Meritorious Participation: Medford v. Deutsche Bank

Date: Jan 14, 2025

Waiver of Personal Jurisdiction through Meritorious Participation: Medford v. Deutsche Bank Introduction The case of Deutsche Bank National Trust Company, etc., v. Yolande Medford (2025 N.Y. Slip Op....

Affirmation of Default Judgment Standards under CPLR 317 and 5015(a): Insights from Gutierrez v. Hillside Hotel, LLC

Date: Jan 14, 2025

Affirmation of Default Judgment Standards under CPLR 317 and 5015(a): Insights from Gutierrez v. Hillside Hotel, LLC Introduction The case of Norma Gutierrez v. Hillside Hotel, LLC (2025 N.Y. Slip...

Affirmation of Trespass and Nuisance Claims in Concerted Action: Insights from 25-86 41st Street, LLC v. Christine Guzman et al.

Date: Jan 14, 2025

Affirmation of Trespass and Nuisance Claims in Concerted Action: Insights from 25-86 41st Street, LLC v. Christine Guzman et al. Introduction The case of 25-86 41st Street, LLC v. Christine Guzman et...

Affirmation of Parental Rights Termination in Permanent Neglect Cases: Insights from State v. Windham

Date: Jan 14, 2025

Affirmation of Parental Rights Termination in Permanent Neglect Cases: Insights from State v. Windham Introduction In the landmark case of State v. Windham (2025 N.Y. Slip Op. 100), the Supreme Court...

Enhancing Scrutiny on Showup Identifications: Insights from People v. Milton Simon

Date: Jan 14, 2025

Enhancing Scrutiny on Showup Identifications: Insights from People v. Milton Simon Introduction In the landmark case The People of the State of New York v. Milton Simon (2025 N.Y. Slip Op. 117), the...

Withdrawal of Appeals Procedures Clarified in New York Supreme Court Decision

Date: Jan 14, 2025

Withdrawal of Appeals Procedures Clarified in New York Supreme Court Decision Introduction On January 8, 2025, the Supreme Court of New York, Second Department, issued an unpublished motion decision...

Establishing Limits on Reasonable Excuses for Defaults in Employment Discrimination Cases: Carrington v. Northwell Health

Date: Jan 14, 2025

Establishing Limits on Reasonable Excuses for Defaults in Employment Discrimination Cases: Carrington v. Northwell Health Introduction The case of Robin Scott Carrington v. Northwell Health, et al....

Disbarment of Yariv Katz: Establishing Strict Accountability for Escrow Misconduct

Date: Jan 14, 2025

Disbarment of Yariv Katz: Establishing Strict Accountability for Escrow Misconduct Introduction The Supreme Court of New York, Second Department issued a landmark decision on January 8, 2025,...

CPLR 1021 and Substitution of Parties: Insights from Linyard v. Long Island College Hospital

Date: Jan 14, 2025

CPLR 1021 and Substitution of Parties: Insights from Linyard v. Long Island College Hospital Introduction The case of Diane Linyard, etc., appellant, v. Long Island College Hospital, et al. (2025...

Enhanced Standards for Service of Process Under CPLR 308: Insights from Creswell Investments v. Brazil+Q1 Limited

Date: Jan 14, 2025

Enhanced Standards for Service of Process Under CPLR 308: Insights from Creswell Investments, Ltd. v. Brazil+Q1 Limited Introduction The case of Creswell Investments, Ltd. v. Brazil+Q1 Limited (2025...

Establishing Protocols for Scheduling Orders and Extensions in Actively Managed Appeals

Date: Jan 14, 2025

Establishing Protocols for Scheduling Orders and Extensions in Actively Managed Appeals Introduction The Supreme Court of New York, Second Department, in its 2025 N.Y. Slip Op. 60270 decision titled...

Procedural Barriers on Subsequent Appeals under CPLR: Taunton Metals v. Solutions in Stainless

Date: Jan 14, 2025

Procedural Barriers on Subsequent Appeals under CPLR: Taunton Metals v. Solutions in Stainless Introduction The case of Taunton Metals of Florida, Inc. v. Solutions in Stainless, Inc. addresses...

Disbarment of Erin Kenny Connelly: Establishing Precedent for Felony Convictions Under Judiciary Law § 90(4)

Date: Jan 14, 2025

Disbarment of Erin Kenny Connelly: Establishing Precedent for Felony Convictions Under Judiciary Law § 90(4) Introduction The case of In the Matter of Erin Kenny Connelly presents a significant...

Landlord Vicarious Liability for Discriminatory Conduct Under New York City Human Rights Law

Date: Jan 13, 2025

Landlord Vicarious Liability for Discriminatory Conduct Under New York City Human Rights Law Introduction In the landmark case of Terry Newson v. Vivaldi Real Estate LTD. et al. (2025 N.Y. Slip Op....

People v. Carl D. Wells: Upholding Legal Standards for Self-Representation and Evidence Admission

Date: Jan 13, 2025

People v. Carl D. Wells: Upholding Legal Standards for Self-Representation and Evidence Admission Introduction People of the State of New York v. Carl D. Wells is a pivotal case adjudicated by the...

Reciprocal Suspension of Attorney Allison Greer Kort: Establishing Precedent for Multijurisdictional Disciplinary Actions

Date: Jan 13, 2025

Reciprocal Suspension of Attorney Allison Greer Kort: Establishing Precedent for Multijurisdictional Disciplinary Actions Introduction The legal profession upholds stringent standards to maintain...

New Standard for Sentencing Appeals: Ordinary Mitigating Circumstances Suffice for Sentence Reduction Under CPL 470.15(6)(b)

Date: Jan 10, 2025

New Standard for Sentencing Appeals: Ordinary Mitigating Circumstances Suffice for Sentence Reduction Under CPL 470.15(6)(b) Introduction The case of The People & c., Respondent, v. Jason Brisman,...

Enhanced Liability Standards for Product Warnings: Insights from Hempstead v. Hammer & Steel, Inc.

Date: Jan 3, 2025

Enhanced Liability Standards for Product Warnings: Insights from Hempstead v. Hammer & Steel, Inc. Introduction In the landmark case of Tyrell Hempstead v. Hammer & Steel, Inc., rendered by the...