New York Case Commentaries

Affirmation of Conviction in Sexual Abuse Case: Establishing Robust Evidentiary Standards

Date: Dec 23, 2024

Affirmation of Conviction in Sexual Abuse Case: Establishing Robust Evidentiary Standards Introduction In the landmark case of The People of the State of New York v. William Wendover III (2024 N.Y....

Immediate Suspension of Attorney Allen Yusufov for Misappropriation of Client Funds and Non-Cooperation: A New Precedent in Attorney Disciplinary Actions

Date: Dec 20, 2024

Immediate Suspension of Attorney Allen Yusufov for Misappropriation of Client Funds and Non-Cooperation: A New Precedent in Attorney Disciplinary Actions Introduction The case In the Matter of Allen...

Supreme Court of NY Establishes Non-Retroactive Application of Foreclosure Abuse Prevention Act

Date: Dec 20, 2024

Supreme Court of New York Establishes Non-Retroactive Application of Foreclosure Abuse Prevention Act Introduction In the case of Bank of New York Mellon vs. Alfred Del Rio et al., the Supreme Court...

Affirming Judicial Discretion in Joinder and Severance: Reinforcing the Molineux Safeguard

Date: Dec 20, 2024

Affirming Judicial Discretion in Joinder and Severance: Reinforcing the Molineux Safeguard I. Introduction The Judgment in People & c., Respondent, v. Edward Mero, Appellant, delivered on December...

Prospective Application of Legislative Repeal: Reaffirming the Statutory Boundaries of Luxury Deregulation under HSTPA

Date: Dec 20, 2024

Prospective Application of Legislative Repeal: Reaffirming the Statutory Boundaries of Luxury Deregulation under HSTPA Introduction The recent decision in In the Matter of 160 East 84th Street...

Establishing Probable Cause Through Repeated Fog-Line Crossings: A New Standard in DUI Stops

Date: Dec 20, 2024

Establishing Probable Cause Through Repeated Fog-Line Crossings: A New Standard in DUI Stops Introduction The Judgment in The People & c., Respondent, v. Parris J. Rufus, Appellant (2024 N.Y. Slip...

Enhancing Amendments in Municipal Claims: Insights from Mitchell v. Jimenez

Date: Dec 18, 2024

Enhancing Amendments in Municipal Claims: Insights from Mitchell v. Jimenez Introduction The case of Shaneil Mitchell v. Yajiara Jimenez, City of New York, et al. (2024 N.Y. Slip Op. 6192) serves as...

Affirming Strict Liability for Safety Failures: Supreme Court Upholds Nondelegable Duties under Labor Law §§ 240(1) and 241(6) in Jaimes-Gutierrez v. 37 Raywood Drive, LLC

Date: Dec 18, 2024

Affirming Strict Liability for Safety Failures: Supreme Court Upholds Nondelegable Duties under Labor Law §§ 240(1) and 241(6) in Jaimes-Gutierrez v. 37 Raywood Drive, LLC Introduction In the...

Application of the Continuous Representation Doctrine Thwarts Statute of Limitations in Legal Malpractice Claims: Dellwood Development v. Coffinas Law Firm

Date: Dec 18, 2024

Application of the Continuous Representation Doctrine Thwarts Statute of Limitations in Legal Malpractice Claims: Dellwood Development v. Coffinas Law Firm Introduction The case of Dellwood...

Establishing 'Good Faith and for Value' Purchasers Under CPLR 5523: Puretz v. Fannie Mae

Date: Dec 18, 2024

Establishing 'Good Faith and for Value' Purchasers Under CPLR 5523: Puretz v. Fannie Mae Introduction In the landmark case of Puretz, et al. v. Fannie Mae, etc., et al. (2024 N.Y. Slip Op. 6227), the...

Retroactive Application of FAPA: A New Precedent in Mortgage Foreclosure Cases

Date: Dec 18, 2024

Retroactive Application of FAPA: A New Precedent in Mortgage Foreclosure Cases Introduction The case of The Bank of New York Mellon, as Trustee, Appellant, v. Terri Richards, Respondent, et al.,...

Separate Schedule Loss of Use Awards for Successive Injuries: Webster v. Office of Children & Family Services

Date: Dec 18, 2024

Separate Schedule Loss of Use Awards for Successive Injuries: Webster v. Office of Children & Family Services Introduction The case of Percival Webster versus Office of Children & Family Services et...

Affirmation of Conviction and Denial of Vacatur for Attempted Sexual Abuse: Analysis of People v. Guilianelle

Date: Dec 18, 2024

Affirmation of Conviction and Denial of Vacatur for Attempted Sexual Abuse: Analysis of People v. Guilianelle Introduction People of the State of New York, Respondent, v. Victor A. Guilianelle,...

Exclusive Requirement of Workers' Compensation Benefits Prior to No-Fault Claims: Gary Quick v. State Farm Mutual Automobile Insurance Co.

Date: Dec 18, 2024

Exclusive Requirement of Workers' Compensation Benefits Prior to No-Fault Claims: Gary Quick v. State Farm Mutual Automobile Insurance Co. Introduction The case of Gary Quick, Appellant, v. State...

Supreme Court Affirms Permanent Disqualification Under Workers' Compensation Law §114-a for Material Misrepresentation

Date: Dec 18, 2024

Supreme Court Affirms Permanent Disqualification Under Workers' Compensation Law §114-a for Material Misrepresentation Introduction The case of Brian Giesselmann v. Rotterdam Steel, LLC, et al....

Expanding Representation Rights under Executive Law § 632-a: Traylor v. Alexis

Date: Dec 18, 2024

Expanding Representation Rights under Executive Law § 632-a: Traylor v. Alexis Introduction The case of Traylor v. Alexis (2024 N.Y. Slip Op. 6264) adjudicated in the Supreme Court of New York, Third...

Reversal in Wright v. Pennings Establishes Strict Liability Under Labor Law §240(1) for Workplace Safety

Date: Dec 18, 2024

Reversal in Wright v. Pennings Establishes Strict Liability Under Labor Law §240(1) for Workplace Safety Introduction The case of Brian P. Wright, appellant, v. John Pennings, Jr., etc., respondent...

Affirming the "Need for Adequate Insurance" Provision in Builder's Risk Insurance Policies

Date: Dec 18, 2024

Affirming the "Need for Adequate Insurance" Provision in Builder's Risk Insurance Policies Introduction The case of Yeshiva Gedolah Zichron Moshe v. Church Mutual Insurance Company (2024 N.Y. Slip...

Strict Liability of Insurers under Navigation Law: Gesualdo v. Rosales Oil Company

Date: Dec 18, 2024

Strict Liability of Insurers under Navigation Law: Gesualdo v. Rosales Oil Company Introduction The case of Michael Gesualdo, et al. v. Rosales Oil Company, Inc., et al. (2024 N.Y. Slip Op. 6185)...

Affirmation of Plaintiff's Claims in Ballinger v. City of Mount Vernon: Reaffirming Standards for False Arrest and Malicious Prosecution

Date: Dec 18, 2024

Affirmation of Plaintiff's Claims in Ballinger v. City of Mount Vernon: Reaffirming Standards for False Arrest and Malicious Prosecution Introduction The case of Phillip Ballinger v. City of Mount...