New York Case Commentaries

Defining Compassionate Sentencing under the Domestic Violence Survivors Justice Act: Insights from People v. A

Date: Dec 18, 2024

Defining Compassionate Sentencing under the Domestic Violence Survivors Justice Act: Insights from People v. A Introduction In the landmark case of The People of the State of New York v. A (2024 N.Y....

R & G Brenner Income Tax Consultants v. Richard Gilmartin: Reinforcing CPLR 203(d) in Employment Contract Disputes

Date: Dec 18, 2024

R & G Brenner Income Tax Consultants v. Richard Gilmartin: Reinforcing CPLR 203(d) in Employment Contract Disputes Introduction The case of R & G Brenner Income Tax Consultants, respondent, v....

Reasonable Assurance of Continued Employment Precludes Unemployment Benefits: Ficalora v. Commissioner of Labor

Date: Dec 18, 2024

Reasonable Assurance of Continued Employment Precludes Unemployment Benefits: Ficalora v. Commissioner of Labor Introduction In the case of Susan Ficalora vs. Commissioner of Labor, the Supreme Court...

Affirmation of Denial of Unemployment Benefits Based on Reasonable Assurance of Continued Employment

Date: Dec 18, 2024

Affirmation of Denial of Unemployment Benefits Based on Reasonable Assurance of Continued Employment Introduction The case of David Jensen versus the Commissioner of Labor addresses pivotal issues...

Establishing Substantial Evidence Standards in Underage Tobacco Sales Cases

Date: Dec 18, 2024

Establishing Substantial Evidence Standards in Underage Tobacco Sales Cases Introduction The case of C & C Tobacco/Chuck's Gas Mart, Inc. v. Tompkins County Whole Health et al. (2024 N.Y. Slip Op....

Reaffirming CPLR 203(d): Allowing Equitable Recoupment in Professional Malpractice Counterclaims Despite Statute of Limitations

Date: Dec 18, 2024

Reaffirming CPLR 203(d): Allowing Equitable Recoupment in Professional Malpractice Counterclaims Despite Statute of Limitations Introduction In the case of Getzel Schiff & Pesce, LLP v. Semyon...

Establishing Duty of Diligence: The Sanchez Suspension Case

Date: Dec 18, 2024

Establishing Duty of Diligence: The Sanchez Suspension Case Introduction The case of In the Matter of Cindy L. Sanchez represents a pivotal moment in the enforcement of professional conduct standards...

Enforceability of Contractual Indemnification Clauses with Negligence Triggers in New York Law

Date: Dec 18, 2024

Enforceability of Contractual Indemnification Clauses with Negligence Triggers in New York Law Introduction The case of Jason Vargas v. 622 Third Avenue Company LLC et al. adjudicated by the Supreme...

Supreme Court of New York Establishes Duty of Care for Organizational Oversight in Child Abuse Cases

Date: Dec 18, 2024

Supreme Court of New York Establishes Duty of Care for Organizational Oversight in Child Abuse Cases Introduction In the landmark case of Marvens Camille v. Federation of Protestant Welfare Agencies,...

Vacation Village HOA v. Town of Fallsburg: Affirming Prescriptive Easement and Clarifying Private Nuisance Standards

Date: Dec 18, 2024

Vacation Village HOA v. Town of Fallsburg: Affirming Prescriptive Easement and Clarifying Private Nuisance Standards Introduction In Vacation Village Homeowners Association, Inc. v. Town of Fallsburg...

Reaffirmation of Standards for Vacatur of Orders under CPLR 5015: Bank of New York v. Scarso

Date: Dec 18, 2024

Reaffirmation of Standards for Vacatur of Orders under CPLR 5015 Introduction In the case of Bank of New York, N.A., etc., Appellant, v. Christine Scarso, Respondent, et al. (2024 N.Y. Slip Op....

Defendant’s Right to Pro Se Representation and Warrant Validity: A Comprehensive Analysis of People v. Poulos

Date: Dec 18, 2024

Defendant’s Right to Pro Se Representation and Warrant Validity: A Comprehensive Analysis of People v. Poulos Introduction In the landmark case of The People of the State of New York v. Tyson Poulos...

Validation of Appeal Waivers in Plea Agreements: Insights from The People of the State of New York v. Timothy Lane

Date: Dec 18, 2024

Validation of Appeal Waivers in Plea Agreements: Insights from The People of the State of New York v. Timothy Lane 1. Introduction The case of The People of the State of New York v. Timothy Lane...

Disbarment for Prolonged Misappropriation of Client Funds: The John Richard Yetman Case

Date: Dec 18, 2024

Disbarment for Prolonged Misappropriation of Client Funds: The John Richard Yetman Case Introduction The In the Matter of John Richard Yetman case, adjudicated by the Supreme Court of New York,...

Lambro Industries v. Gilbert: Affirmation of Time-Barred Breach of Fiduciary Duty Claims

Date: Dec 18, 2024

Lambro Industries v. Gilbert: Affirmation of Time-Barred Breach of Fiduciary Duty Claims Introduction In the landmark case of Lambro Industries, Inc., et al. v. Howard E. Gilbert, et al. (2024 N.Y....

Strict Preservation Rules Uphold Prejudgment Interest Accrual Date: Sabine v. State of New York

Date: Dec 18, 2024

Strict Preservation Rules Uphold Prejudgment Interest Accrual Date: Sabine v. State of New York Introduction In the landmark case of Michael Sabine v. State of New York (2024 N.Y. Slip Op. 6288), the...

New Precedent Affirming the City's Statutory Duty to Subsidize Every Offered Health Insurance Plan Up to the Statutory Cap

Date: Dec 18, 2024

New Precedent Affirming the City's Statutory Duty to Subsidize Every Offered Health Insurance Plan Up to the Statutory Cap Introduction The recent decision in In the Matter of NYC Organization of...

Electronic Communications as Valid Prior Written Notice: A New Precedent in Municipal Liability

Date: Dec 18, 2024

Electronic Communications as Valid Prior Written Notice: A New Precedent in Municipal Liability Introduction In the case of Henry E. Calabrese, Respondent, v. City of Albany, Appellant (2024 N.Y....

The Boundaries of “Marital Status” in Cooperative Housing Transfers: Affirmation of a Narrow Interpretation Under the NYC Human Rights Law

Date: Dec 18, 2024

The Boundaries of “Marital Status” in Cooperative Housing Transfers: Affirmation of a Narrow Interpretation Under the NYC Human Rights Law Introduction In this complex dispute, petitioner Maryann...

Precedent-Setting Decision in Bodnemiller v. DiNapoli: Redefining 'Accidental' Disability Retirement Benefits

Date: Dec 13, 2024

Redefining 'Accidental' Disability Retirement Benefits: Insights from Bodenmiller v. Dinapoli Introduction The recent decision in Robert W. Bodenmiller v. Thomas P. DiNapoli et al. (2024 N.Y. Slip...