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  • Commentaries
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New York Case Commentaries

Failure to Order Mammogram in Presence of Nipple Discharge: Neyman v. Doshi Diagnostic Imaging Services – A Comprehensive Legal Commentary

Failure to Order Mammogram in Presence of Nipple Discharge: Neyman v. Doshi Diagnostic Imaging Services – A Comprehensive Legal Commentary

Date: Aug 3, 2017
Failure to Order Mammogram in Presence of Nipple Discharge: Neyman v. Doshi Diagnostic Imaging Services – A Comprehensive Legal Commentary Introduction The case of Michael Neyman, as administrator of...
Duty of Care in Public Roadways: Abbott v. Johnson et al. Establishes Expanded Liability for Construction Entities

Duty of Care in Public Roadways: Abbott v. Johnson et al. Establishes Expanded Liability for Construction Entities

Date: Jul 27, 2017
Duty of Care in Public Roadways: Abbott v. Johnson et al. Establishes Expanded Liability for Construction Entities Introduction Abbott v. Johnson et al. is a landmark case adjudicated by the Supreme...
Affirmation of Third-Party Beneficiary Claims in Breach of Contract while Dismissing Professional Malpractice Allegations: Board of Managers of 100 Congress Condominium v. Kline Engineering, P.C.

Affirmation of Third-Party Beneficiary Claims in Breach of Contract while Dismissing Professional Malpractice Allegations: Board of Managers of 100 Congress Condominium v. Kline Engineering, P.C.

Date: Jul 6, 2017
Affirmation of Third-Party Beneficiary Claims in Breach of Contract while Dismissing Professional Malpractice Allegations Introduction The case of Board of Managers of 100 Congress Condominium v. SDS...
Sager v. Dually: Defining Personal Jurisdiction and Liability in Civil Rights Conspiracy Claims

Sager v. Dually: Defining Personal Jurisdiction and Liability in Civil Rights Conspiracy Claims

Date: Jul 1, 2017
Sager v. Dually: Defining Personal Jurisdiction and Liability in Civil Rights Conspiracy Claims Introduction The case of William C. Sager, Sr., Individually, and as Administrator of the Estate of...
Admissibility and Weight of Partially Inaudible Audio Recordings in Controlled Substance Cases: The People v. Tyrone L. Johnson

Admissibility and Weight of Partially Inaudible Audio Recordings in Controlled Substance Cases: The People v. Tyrone L. Johnson

Date: Jun 30, 2017
Admissibility and Weight of Partially Inaudible Audio Recordings in Controlled Substance Cases: The People v. Tyrone L. Johnson Introduction In The People of the State of New York v. Tyrone L....
Enforcement of Oral Promises Under the Statute of Frauds: Insights from In the Matter of the Estate of Edmund Felix Hennel

Enforcement of Oral Promises Under the Statute of Frauds: Insights from In the Matter of the Estate of Edmund Felix Hennel

Date: Jun 30, 2017
Enforcement of Oral Promises Under the Statute of Frauds: Insights from In the Matter of the Estate of Edmund Felix Hennel Introduction The case of In the Matter of the Estate of Edmund Felix Hennel...
Reaffirming Juror Impartiality: Insights from The People v. Spencer

Reaffirming Juror Impartiality: Insights from The People v. Spencer

Date: Jun 23, 2017
Reaffirming Juror Impartiality: Insights from The People v. Spencer Introduction The People v. Darrell Spencer is a significant decision by the Court of Appeals of New York, delivered on June 22,...
Reversal of Sexual Abuse Adjudication in Matter of Lee-Ann W.: Establishing the Need for Corroborative Evidence

Reversal of Sexual Abuse Adjudication in Matter of Lee-Ann W.: Establishing the Need for Corroborative Evidence

Date: Jun 16, 2017
Reversal of Sexual Abuse Adjudication in Matter of Lee‑Ann W.: Establishing the Need for Corroborative Evidence Introduction The case of In the Matter of LEE–ANN W. and Another, Alleged to be Abused...
Reaffirming Municipal Liability for Sidewalk Defects: Abutting Landowners Excluded Unless Specific Conditions Met

Reaffirming Municipal Liability for Sidewalk Defects: Abutting Landowners Excluded Unless Specific Conditions Met

Date: Jun 10, 2017
Reaffirming Municipal Liability for Sidewalk Defects: Abutting Landowners Excluded Unless Specific Conditions Met Introduction In the landmark case of Patricia M. Clauss v. Bank of America, N.A.,...
Affirmation of Convictions and Reasonable Suspicion Standards in People v. Ronald Hough, Jr.

Affirmation of Convictions and Reasonable Suspicion Standards in People v. Ronald Hough, Jr.

Date: Jun 10, 2017
Affirmation of Convictions and Reasonable Suspicion Standards in People v. Ronald Hough, Jr. Introduction Case: The People of the State of New York v. Ronald Hough, Jr. Court: Supreme Court,...
Court of Appeals Clarifies Personal Jurisdiction Over Foreign Businesses under CPLR 302(a)(1) in D & R Global Selections v. Bodega Olegario Falcon Pineiro

Court of Appeals Clarifies Personal Jurisdiction Over Foreign Businesses under CPLR 302(a)(1) in D & R Global Selections v. Bodega Olegario Falcon Pineiro

Date: Jun 9, 2017
Court of Appeals Clarifies Personal Jurisdiction Over Foreign Businesses under CPLR 302(a)(1) in D & R Global Selections v. Bodega Olegario Falcon Pineiro Introduction The case of D & R Global...
Defining Extraordinary Circumstances in Custody Cases: William O. v. Wanda A. et al.

Defining Extraordinary Circumstances in Custody Cases: William O. v. Wanda A. et al.

Date: Jun 9, 2017
Defining Extraordinary Circumstances in Custody Cases: William O. v. Wanda A. et al. Introduction The appellate decision in William O. v. Wanda A. et al. (151 A.D.3d 1189, 2017) addresses the...
Assessment of Vagueness in Municipal Fee Ordinances: Westhampton Beach Associates v. Village of Westhampton Beach

Assessment of Vagueness in Municipal Fee Ordinances: Westhampton Beach Associates v. Village of Westhampton Beach

Date: Jun 8, 2017
Assessment of Vagueness in Municipal Fee Ordinances: Westhampton Beach Associates v. Village of Westhampton Beach Introduction In the case of Westhampton Beach Associates, LLC v. Incorporated Village...
Time-Barred Determinations in CPLR Article 78 Proceedings: Insights from UtiliSave v. City of Yonkers

Time-Barred Determinations in CPLR Article 78 Proceedings: Insights from UtiliSave v. City of Yonkers

Date: Jun 8, 2017
Time-Barred Determinations in CPLR Article 78 Proceedings: Insights from UtiliSave v. City of Yonkers Introduction In St. John's Riverside Hospital, by and through UtiliSave, LLC v. City of Yonkers...
Proximate Cause Requirement Confirmed for Additional Insured Coverage in Burlington v. NYC Transit Authority

Proximate Cause Requirement Confirmed for Additional Insured Coverage in Burlington v. NYC Transit Authority

Date: Jun 7, 2017
Proximate Cause Requirement Confirmed for Additional Insured Coverage in Burlington Insurance Company v. NYC Transit Authority Introduction In the landmark case of The Burlington Insurance Company v....
Establishing the Clear and Convincing Evidence Standard for Terminating Parental Rights Due to Mental Illness

Establishing the Clear and Convincing Evidence Standard for Terminating Parental Rights Due to Mental Illness

Date: Jun 2, 2017
Establishing the Clear and Convincing Evidence Standard for Terminating Parental Rights Due to Mental Illness Introduction The case of Clinton County Department of Social Services v. Andrew II....
Establishing Depraved Indifference Murder in Intoxicated Vehicular Conduct

Establishing Depraved Indifference Murder in Intoxicated Vehicular Conduct

Date: Jun 1, 2017
Establishing Depraved Indifference Murder in Intoxicated Vehicular Conduct Introduction In the landmark case of The PEOPLE v. Lloyd Williams (55 N.Y.S.3d 381), the Appellate Division of the Supreme...
Grave Injury Standards under Workers' Compensation Law: Insights from Sa v. Grech

Grave Injury Standards under Workers' Compensation Law: Insights from Sa v. Grech

Date: May 11, 2017
Grave Injury Standards under Workers' Compensation Law: Insights from Sa v. Grech Introduction The case of Sa v. Grech, decided by the Supreme Court, Appellate Division, Second Department of New York...
Affirmation of Accomplice Liability and Acting-in-Concert in Gang Assaults: PEOPLE v. Guerrero

Affirmation of Accomplice Liability and Acting-in-Concert in Gang Assaults: PEOPLE v. Guerrero

Date: May 11, 2017
Affirmation of Accomplice Liability and Acting-in-Concert in Gang Assaults: PEOPLE v. Guerrero Introduction In the landmark case People v. Guerrero, decided on May 10, 2017, by the Supreme Court,...
Liability Shift to the Special Fund for Reopened Workers' Compensation Cases: Insights from Misquitta v. Getty Petroleum et al.

Liability Shift to the Special Fund for Reopened Workers' Compensation Cases: Insights from Misquitta v. Getty Petroleum et al.

Date: May 5, 2017
Liability Shift to the Special Fund for Reopened Workers' Compensation Cases: Insights from Misquitta v. Getty Petroleum et al. Introduction The case of Maria Misquitta v. Getty Petroleum et al.,...
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