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  • Commentaries
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New York Case Commentaries

Clarification of Labor Law §240(1) Liability in Elevation-Related Hazards

Clarification of Labor Law §240(1) Liability in Elevation-Related Hazards

Date: Nov 16, 2017
Clarification of Labor Law §240(1) Liability in Elevation-Related Hazards Introduction The case of Aram Kandatyan v. 400 Fifth Realty, LLC, et al. (155 A.D.3d 848) adjudicated by the Supreme Court,...
Ye v. GORBATOV: Establishing Standards for Dismissal of Legal Malpractice Claims

Ye v. GORBATOV: Establishing Standards for Dismissal of Legal Malpractice Claims

Date: Nov 16, 2017
Ye v. GORBATOV: Establishing Standards for Dismissal of Legal Malpractice Claims Introduction The case of Yevgeny Gorbatov versus attorneys Gary Tsirelman and Leon Kucherovsky, along with their...
Enhanced Standards for Legal Malpractice Claims in New York: Insights from Mid-Hudson Valley Federal Credit Union v. Quartararo & Lois, PLLC

Enhanced Standards for Legal Malpractice Claims in New York: Insights from Mid-Hudson Valley Federal Credit Union v. Quartararo & Lois, PLLC

Date: Nov 10, 2017
Enhanced Standards for Legal Malpractice Claims in New York: Insights from Mid-Hudson Valley Federal Credit Union v. Quartararo & Lois, PLLC Introduction In the landmark case Mid-Hudson Valley...
Reaffirmation of the Plain View Doctrine and Probable Cause in Animal Fighting Cases: People v. Richardson

Reaffirmation of the Plain View Doctrine and Probable Cause in Animal Fighting Cases: People v. Richardson

Date: Nov 10, 2017
Reaffirmation of the Plain View Doctrine and Probable Cause in Animal Fighting Cases: People v. Richardson Introduction In the landmark case of The People of the State of New York v. Shanon...
Narrow Interpretation of "Public Assistance Benefits" under Penal Law § 158.10: People v. Erica Davis

Narrow Interpretation of "Public Assistance Benefits" under Penal Law § 158.10: People v. Erica Davis

Date: Nov 10, 2017
Narrow Interpretation of "Public Assistance Benefits" under Penal Law § 158.10: People v. Erica Davis Introduction In the case of The People of the State of New York v. Erica Davis, decided on...
Enforceability of Agreements Based on Past Consideration: Insights from KORFF v. CORBETT

Enforceability of Agreements Based on Past Consideration: Insights from KORFF v. CORBETT

Date: Nov 3, 2017
Enforceability of Agreements Based on Past Consideration: Insights from KORFF v. CORBETT Introduction The landmark case, Joseph Korff, Plaintiff–Appellant–Respondent, v. Richard A. Corbett, et al.,...
Affirmation of Controlled Substance Conviction and Upholding Chain of Custody Standards

Affirmation of Controlled Substance Conviction and Upholding Chain of Custody Standards

Date: Oct 27, 2017
Affirmation of Controlled Substance Conviction and Upholding Chain of Custody Standards Introduction The case of The PEOPLE of the State of New York v. Jean C. Arce–Santiago (63 N.Y.S.3d 140)...
Establishing Standards for Summary Judgment in Medical Malpractice: Tsittrin v. New York Community Hospital

Establishing Standards for Summary Judgment in Medical Malpractice: Tsittrin v. New York Community Hospital

Date: Oct 26, 2017
Establishing Standards for Summary Judgment in Medical Malpractice: Tsittrin v. New York Community Hospital Introduction The case of Simkha Tsittrin v. New York Community Hospital, et al., decided by...
Informed Consent in Sports: Thomas v. Farrago Establishes New Legal Standards

Informed Consent in Sports: Thomas v. Farrago Establishes New Legal Standards

Date: Oct 19, 2017
Informed Consent in Sports: Thomas v. Farrago Establishes New Legal Standards Introduction In the landmark case Thomas v. Farrago, the Supreme Court of the Appellate Division, Second Department of...
Affirmation of Plaintiff's Standing and Compliance with RPAPL 1304 in Foreclosure Actions: Analysis of HSBC Bank USA v. Hasan Ozcan

Affirmation of Plaintiff's Standing and Compliance with RPAPL 1304 in Foreclosure Actions: Analysis of HSBC Bank USA v. Hasan Ozcan

Date: Oct 19, 2017
Affirmation of Plaintiff's Standing and Compliance with RPAPL 1304 in Foreclosure Actions: Analysis of HSBC Bank USA v. Hasan Ozcan Introduction In the landmark case HSBC Bank USA, National...
Reaffirming Employer Liability under Labor Law §200: Insights from Honeyman v. Curiosity Works, Inc.

Reaffirming Employer Liability under Labor Law §200: Insights from Honeyman v. Curiosity Works, Inc.

Date: Oct 19, 2017
Reaffirming Employer Liability under Labor Law §200: Insights from Honeyman v. Curiosity Works, Inc. Introduction The case of Francis R. Honeyman, et al. v. Curiosity Works, Inc., et al. adjudicated...
Establishing FOIL Exemptions for Audit Procedures in Special Education Programs

Establishing FOIL Exemptions for Audit Procedures in Special Education Programs

Date: Oct 18, 2017
Establishing FOIL Exemptions for Audit Procedures in Special Education Programs Introduction The case of In the Matter of Pamela A. Madeiros v. New York State Education Department et al. (30 N.Y.3d...
Individual Liability of Corporate Officers in Conversion and Fraud: North Shore Architectural Stone, Inc. v. American Artisan Construction, Inc.

Individual Liability of Corporate Officers in Conversion and Fraud: North Shore Architectural Stone, Inc. v. American Artisan Construction, Inc.

Date: Sep 28, 2017
Individual Liability of Corporate Officers in Conversion and Fraud: North Shore Architectural Stone, Inc. v. American Artisan Construction, Inc. Introduction In the case of North Shore Architectural...
Balancing Burden of Proof and Abandonment Doctrine in Evidence Suppression: People v. White Analysis

Balancing Burden of Proof and Abandonment Doctrine in Evidence Suppression: People v. White Analysis

Date: Sep 21, 2017
Balancing Burden of Proof and Abandonment Doctrine in Evidence Suppression: People v. White Analysis Introduction People v. Oscar White is a seminal case adjudicated by the Supreme Court, Appellate...
Fraud as a Duplicative Cause of Action in Contractual Disputes: Insights from Cronos Group Ltd v. XComIP, LLC

Fraud as a Duplicative Cause of Action in Contractual Disputes: Insights from Cronos Group Ltd v. XComIP, LLC

Date: Sep 20, 2017
Fraud as a Duplicative Cause of Action in Contractual Disputes: Insights from Cronos Group Ltd v. XComIP, LLC Introduction The case of Cronos Group Limited v. XComIP, LLC (156 A.D.3d 54) adjudicated...
Clarifying Geographic Jurisdiction in Drug Trafficking Cases: Insights from People v. Guzman

Clarifying Geographic Jurisdiction in Drug Trafficking Cases: Insights from People v. Guzman

Date: Sep 14, 2017
Clarifying Geographic Jurisdiction in Drug Trafficking Cases: Insights from People v. Guzman Introduction People v. Guzman, 61 N.Y.S.3d 573 (2017), is a pivotal case adjudicated by the Supreme Court,...
Affirming the Legality of Assisted Suicide Prohibitions: Comprehensive Analysis of Myers et al. v. Schneiderman (2017)

Affirming the Legality of Assisted Suicide Prohibitions: Comprehensive Analysis of Myers et al. v. Schneiderman (2017)

Date: Sep 8, 2017
Affirming the Legality of Assisted Suicide Prohibitions: Comprehensive Analysis of Myers et al. v. Schneiderman (2017) Introduction The case of Sara Myers et al. v. Eric Schneiderman (2017) brought...
The Laurel Group, Inc. v. Zaino: Establishing the Primacy of Specific Industrial Code Provisions under Labor Law § 241(6)

The Laurel Group, Inc. v. Zaino: Establishing the Primacy of Specific Industrial Code Provisions under Labor Law § 241(6)

Date: Aug 17, 2017
The Laurel Group, Inc. v. Zaino: Establishing the Primacy of Specific Industrial Code Provisions under Labor Law § 241(6) Introduction In the case of Giuseppe Zaino v. James N. Rogers et al., The...
Affirmation of Work-Related Accident in Workers' Compensation: Silvestri v. New York City Transit Authority

Affirmation of Work-Related Accident in Workers' Compensation: Silvestri v. New York City Transit Authority

Date: Aug 11, 2017
Affirmation of Work-Related Accident in Workers' Compensation: Silvestri v. New York City Transit Authority Introduction In the appellate case Silvestri v. New York City Transit Authority, the...
Negligent Design of Service Ramps: Upholding Comprehensive Industry Standards

Negligent Design of Service Ramps: Upholding Comprehensive Industry Standards

Date: Aug 9, 2017
Negligent Design of Service Ramps: Upholding Comprehensive Industry Standards Introduction In the appellate case of Mark Schmidt v. One New York Plaza Co. LLC, adjudicated by the Supreme Court,...
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