New York Case Commentaries

New Precedent in Wrongful Birth Claims: Medicaid Coverage Remains Non-Excludable in Recovery

Date: Dec 23, 2024

New Precedent in Wrongful Birth Claims: Medicaid Coverage Remains Non-Excludable in Recovery Introduction The case of Katelynn Riley, Individually and as Parent and Guardian of D.R., an Infant,...

Adherence to Uniform Civil Rules in Jury Selection: A New Precedent from Biagio Mormile v. Thomas Marshall Jr.

Date: Dec 23, 2024

Adherence to Uniform Civil Rules in Jury Selection: A New Precedent from Biagio Mormile et al. v. Thomas Marshall Jr. et al. Introduction In the case of Biagio Mormile et al. v. Thomas Marshall Jr....

Bano v. Commissioner of Labor: Establishing Standards for Willful Misrepresentation in Unemployment Claims

Date: Dec 23, 2024

Bano v. Commissioner of Labor: Establishing Standards for Willful Misrepresentation in Unemployment Claims Introduction In the landmark case In the Matter of the Claim of Hameeda Bano, the Supreme...

Affirming the Necessity of Demonstrating Irreparable Harm for Permanent Injunctions in Breach of Contract Cases

Date: Dec 23, 2024

Affirming the Necessity of Demonstrating Irreparable Harm for Permanent Injunctions in Breach of Contract Cases Introduction In the case of Dennis Rockefeller, et al. v. Barry J. Leon, et al. (2024...

Standardizing the Definition of "Impaired" in Aggravated DWI Cases: People v. Dondorfer

Date: Dec 23, 2024

Standardizing the Definition of "Impaired" in Aggravated DWI Cases: People v. Dondorfer Introduction In the landmark case of THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, OPINION AND v. PHILLIP...

Affirming Primary Custody: NY Supreme Court Establishes Precedent on Child's Best Interests and Preferences

Date: Dec 23, 2024

Affirming Primary Custody: NY Supreme Court Establishes Precedent on Child's Best Interests and Preferences Introduction In the landmark case of Sarah I. v. Ian J. (2024 N.Y. Slip Op. 6408), the...

Affirmation of Legislative Discretion in Eminent Domain: Salina v. JHK Development

Date: Dec 23, 2024

Affirmation of Legislative Discretion in Eminent Domain: Salina v. JHK Development Introduction In the landmark case JHK Development, LLC v. Town of Salina, decided by the Supreme Court of New York's...

Affirmation of Broad Contractual Jury Waivers in Fraudulent Inducement and Promissory Estoppel Claims: IBM v. GlobalFoundries

Date: Dec 23, 2024

Affirmation of Broad Contractual Jury Waivers in Fraudulent Inducement and Promissory Estoppel Claims: IBM v. GlobalFoundries Introduction The case of International Business Machines Corporation...

Affirmation of Neglect Standards: Imminent Threat Over Actual Harm in Astilla BB.

Date: Dec 23, 2024

Affirmation of Neglect Standards: Imminent Threat Over Actual Harm in Astilla BB. Introduction The case of Astilla BB. and Another vs. Schenectady County Department of Social Services addresses...

Mikoma Electric v. Otek Builders: Reinforcing Strict Licensing Compliance in New York's Construction Law

Date: Dec 23, 2024

Mikoma Electric v. Otek Builders: Reinforcing Strict Licensing Compliance in New York's Construction Law Introduction The case of Mikoma Electric, LLC, et al. v. Otek Builders, LLC, et al. (2024 N.Y....

Enhanced Transparency and Accountability in Medicaid Reimbursement Rate Calculations: Richmond Children's Center v. Delaney

Date: Dec 23, 2024

Enhanced Transparency and Accountability in Medicaid Reimbursement Rate Calculations: Richmond Children's Center v. Delaney Introduction The case of Richmond Children's Center, Inc. v. Kerry A....

Establishing Public Necessity Standards for Renewable Energy Projects: Freepoint Solar LLC v. Town of Athens Zoning Board

Date: Dec 23, 2024

Establishing Public Necessity Standards for Renewable Energy Projects: Freepoint Solar LLC v. Town of Athens Zoning Board Introduction The case of Freepoint Solar LLC et al. v. Town of Athens Zoning...

Clarity in Contractual Terms: Affirming 'Access' as Easement in Real Estate Transactions — Hogan v Bullock

Date: Dec 23, 2024

Clarity in Contractual Terms: Affirming 'Access' as Easement in Real Estate Transactions — Hogan v Bullock Introduction In the landmark case of John Paul Hogan v. Kathryn P. Bullock et al. (2024 N.Y....

Affirmation of Robbery Conviction Upholds Standards for Showup Identifications

Date: Dec 23, 2024

Affirmation of Robbery Conviction Upholds Standards for Showup Identifications Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v. WILBERTO MELENDEZ ORTEGA (2024 N.Y. Slip Op. 6498)...

Enhanced Scrutiny on Disclosure and Compliance in Reinstatement Applications: Insights from Matter of Brammer

Date: Dec 23, 2024

Enhanced Scrutiny on Disclosure and Compliance in Reinstatement Applications: Insights from Matter of Brammer Introduction The case of In the Matter of William Haymore Brammer Jr. adjudicated by the...

Supreme Court Upholds Second-Degree Assault Conviction: Intent Inferred in Peace Officer's Lawful Duty Interference

Date: Dec 23, 2024

Supreme Court Upholds Second-Degree Assault Conviction: Intent Inferred in Peace Officer's Lawful Duty Interference Introduction The case The People of the State of New York v. Vincent Meyers (2024...

Establishing Non-Willful Neglect in RPAPL §1503 Reforeclosure Actions

Date: Dec 23, 2024

Establishing Non-Willful Neglect in RPAPL §1503 Reforeclosure Actions Introduction The case of U.S. Bank National Association v. 18 Wilkshire Circle, LLC (2024 N.Y. Slip Op. 6372) adjudicated by the...

Supreme Court Reaffirms Criminal Possession of Weapon Conviction Against Vacatur Motions: Dixon v. People

Date: Dec 23, 2024

Supreme Court Reaffirms Criminal Possession of Weapon Conviction Against Vacatur Motions: Dixon v. People Introduction Dixon v. People of the State of New York (2024 N.Y. Slip Op. 6473) is a pivotal...

Affirmation of DUI and Vehicular Homicide Convictions: Legal Principles and Implications

Date: Dec 23, 2024

Affirmation of DUI and Vehicular Homicide Convictions: Legal Principles and Implications Introduction In the case of The People of the State of New York v. Christopher Kirkey (2024 N.Y. Slip Op....

The Limits of Warrantless Entry: Insights from THE PEOPLE v. DANIEL M. SWANK

Date: Dec 23, 2024

The Limits of Warrantless Entry: Insights from THE PEOPLE v. DANIEL M. SWANK Introduction In THE PEOPLE OF THE STATE OF NEW YORK v. DANIEL M. SWANK (2024 N.Y. Slip Op. 6449), the Supreme Court of New...