New York Case Commentaries

Strict Adherence to Authenticity in Secondary Evidence of Guaranties: A Commentary on 76–82 ST. MARKS, LLC v. Cindy Gluck

Date: Feb 23, 2017

Strict Adherence to Authenticity in Secondary Evidence of Guaranties: A Commentary on 76–82 ST. MARKS, LLC v. Cindy Gluck Introduction The legal landscape governing the admissibility of guaranty...

Contractual Obligations in Construction Projects: Insights from Lakhi General Contractor, Inc. v. NYCSCA

Date: Feb 16, 2017

Contractual Obligations in Construction Projects: Insights from Lakhi General Contractor, Inc. v. NYCSCA Introduction The case of Lakhi General Contractor, Inc., appellant, v. New York City School...

Affirmation of Guilty Plea Despite Co-Defendant's Acquittal: People v. Ke

Date: Feb 15, 2017

Affirmation of Guilty Plea Despite Co-Defendant's Acquittal: People v. Ke Introduction People v. Ke (28 N.Y.3d 717) is a pivotal judgment delivered by the Court of Appeals of New York on February 14,...

Affirmation of Criminal Conviction: Marital Communications Privilege and Miranda Waiver in People v. Karlsen

Date: Feb 11, 2017

Affirmation of Criminal Conviction: Marital Communications Privilege and Miranda Waiver in People v. Karlsen Introduction Case: The PEOPLE of the State of New York, Respondent, v. Karl KARLSEN,...

Substantial Rehabilitation Exemption and Judicial Discretion in Rent Stabilization: Insights from 885 Park Avenue Brooklyn, LLC v. Goddard

Date: Feb 11, 2017

Substantial Rehabilitation Exemption and Judicial Discretion in Rent Stabilization: Insights from 885 Park Avenue Brooklyn, LLC v. Goddard Introduction The case of 885 Park Avenue Brooklyn, LLC v....

Early Expungement in Non-Investigative Child Welfare Tracks: Insights from Corrigan v. OCFS

Date: Feb 10, 2017

Early Expungement in Non-Investigative Child Welfare Tracks: Insights from Corrigan v. OCFS Introduction The landmark case, In the Matter of Mariah Corrigan et al. v. New York State Office of...

Wells Fargo Bank, N.A. v. Eitani: Affirming the Applicability of CPLR 205(a) in Successor's Foreclosure Actions

Date: Feb 9, 2017

Wells Fargo Bank, N.A. v. Eitani: Affirming the Applicability of CPLR 205(a) in Successor's Foreclosure Actions Introduction In the landmark case of WELLS FARGO BANK, N.A., etc., respondent, v. Doron...

Refined Criteria for Approval of Non-Monetary Shareholder Class Action Settlements: Gordon v. Verizon Communications

Date: Feb 3, 2017

Refined Criteria for Approval of Non-Monetary Shareholder Class Action Settlements: Gordon v. Verizon Communications Introduction In the landmark case of Gordon v. Verizon Communications, Inc., the...

Affirmation of Child Neglect Due to Parental Denial of Sexual Offenses

Date: Jan 13, 2017

Affirmation of Child Neglect Due to Parental Denial of Sexual Offenses Introduction In the Matter of LILLIAN SS. and Another, Alleged to be Neglected Children is a pivotal case adjudicated by the...

Termination of Parental Rights in Cases of Permanent Neglect: Delaware County Dept. of Social Services v. Patrick K.

Date: Jan 13, 2017

Termination of Parental Rights in Cases of Permanent Neglect: Delaware County Dept. of Social Services v. Patrick K. Introduction The case of Delaware County Department of Social Services v. Patrick...

Clarifying Duty to Defend for Additional Insureds: City of New York v. Wausau Underwriters Insurance Co.

Date: Dec 30, 2016

Clarifying Duty to Defend for Additional Insureds: City of New York v. Wausau Underwriters Insurance Co. Introduction In the landmark case of The City of New York v. Wausau Underwriters Insurance...

KNET v. Sylvester: Establishing Standards for Share Consideration in Derivative Actions

Date: Dec 29, 2016

KNET v. Sylvester: Establishing Standards for Share Consideration in Derivative Actions Introduction The case of KNET, Inc., et al. v. John Ruocco, et al., Rosemarie Sylvester adjudicated by the...

Reversing the Burden of Proof in Late Notice of Claim Filings: Establishing New Precedent in New York Law

Date: Dec 23, 2016

Reversing the Burden of Proof in Late Notice of Claim Filings: Establishing New Precedent in New York Law Introduction In the landmark case of Raymond Newcomb et al. v. Middle Country Central School...

Municipal Liability in Roadway Safety: Insights from Turturro v. City of New York

Date: Dec 23, 2016

Municipal Liability in Roadway Safety: Insights from Turturro v. City of New York Introduction In Turturro v. City of New York, 28 N.Y.3d 469 (2016), the Court of Appeals of New York addressed...

Establishing Proximate Cause in Negligence Actions: A Comprehensive Analysis of Andrew J. Hain v. Drumm Family Farm, Inc.

Date: Dec 23, 2016

Establishing Proximate Cause in Negligence Actions: A Comprehensive Analysis of Andrew J. Hain v. Drumm Family Farm, Inc. Court: Court of Appeals of New York Date: December 22, 2016 Introduction The...

Binding Nature of Auction Bids in Loan Sales: Stonehill Capital Management LLC v. Bank of the West

Date: Dec 21, 2016

Binding Nature of Auction Bids in Loan Sales: Stonehill Capital Management LLC v. Bank of the West Introduction In the case of Stonehill Capital Management LLC et al. v. Bank of the West et al.,...

Presumptive Validity of Off-Calendar Readiness Statements in CPL 30.30

Date: Dec 21, 2016

Presumptive Validity of Off-Calendar Readiness Statements in CPL 30.30 Introduction The decision in The People of the State of New York v. James Brown, Terrence Young, and Earl Canady (28 N.Y.3d 392,...

Distinctive Features in Lineups: The New Precedent in People v. Perkins

Date: Dec 21, 2016

Distinctive Features in Lineups: The New Precedent in People v. Perkins Introduction In People v. Perkins, 28 N.Y.3d 432 (2016), the Court of Appeals of New York addressed critical issues surrounding...

Enhanced Pleading Standards for Unjust Enrichment in Matrimonial Asset Concealment: Starnette Swartz v. Jerome Swartz et al.

Date: Dec 15, 2016

Enhanced Pleading Standards for Unjust Enrichment in Matrimonial Asset Concealment: Starnette Swartz v. Jerome Swartz et al. Introduction In the landmark case of Starnette Swartz,...

Affirming Press Rights to Access Court Records: Insights from Maxim Inc. v. Feifer

Date: Dec 14, 2016

Affirming Press Rights to Access Court Records: Insights from Maxim Inc. v. Feifer Introduction The case of Maxim Inc., et al. v. Jason Feifer, et al. adjudicated by the Supreme Court, Appellate...

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