New York Case Commentaries

Establishment of Accountability Standards for In-House Counsel: Analysis of the Sengupta Judgment

Date: Dec 12, 2024

Establishment of Accountability Standards for In-House Counsel: Analysis of the Sengupta Judgment Introduction The case of Afia Sengupta marks a significant development in the regulation of in-house...

Voluntary Resignation and Restitution as Basis for Disbarment: Insights from the Roderic Boyd Judgment

Date: Dec 12, 2024

Voluntary Resignation and Restitution as Basis for Disbarment: Insights from the Roderic Boyd Judgment Introduction The Supreme Court of New York, First Department, delivered a significant judgment...

Fraudulent Inducement and Contractual Obligations in Intercreditor Agreements: An Analysis of MREF REIT Lender 2 LLC v. FPG Maiden Holdings LLC

Date: Dec 12, 2024

Fraudulent Inducement and Contractual Obligations in Intercreditor Agreements: An Analysis of MREF REIT Lender 2 LLC v. FPG Maiden Holdings LLC Introduction The case of MREF REIT Lender 2 LLC et al....

Comprehensive Commentary on Matter of Scheduling Orders (2024 N.Y. Slip Op. 79766)

Date: Dec 9, 2024

Establishing Unified Deadlines: Analysis of the Matter of Scheduling Orders (2024 N.Y. Slip Op. 79766) Introduction The Matter of Scheduling Orders (2024 N.Y. Slip Op. 79766) is a recent motion...

Assumption of Risk in Skiing Reinforced: DeMulder v. Hunter Mountain Ski Bowl

Date: Dec 9, 2024

Assumption of Risk in Skiing Reinforced: DeMulder v. Hunter Mountain Ski Bowl Introduction Case: Thomas DeMulder et al. v. Hunter Mountain Ski Bowl, Inc., et al. Court: Supreme Court of New York,...

Reiterating Moral Character Requirement in Nursing Licensure: In the Matter of Mery Frances Carbonell

Date: Dec 9, 2024

Reiterating Moral Character Requirement in Nursing Licensure: In the Matter of Mery Frances Carbonell Introduction The case of In the Matter of Mery Frances Carbonell addresses the critical issue of...

Proper Application of CPLR Article 78 and Reasonableness Standard in Cooperative Lease Disputes: Insights from 195 North Village Avenue, LLC v. 195 Apts., Inc.

Date: Dec 9, 2024

Proper Application of CPLR Article 78 and Reasonableness Standard in Cooperative Lease Disputes: Insights from 195 North Village Avenue, LLC v. 195 Apts., Inc. Introduction The case of 195 North...

Establishing Negligence Per Se under Vehicle and Traffic Law §1211(a) and Clarifying Summary Judgment Standards in Personal Injury Cases

Date: Dec 9, 2024

Establishing Negligence Per Se under Vehicle and Traffic Law §1211(a) and Clarifying Summary Judgment Standards in Personal Injury Cases Introduction The case of Wei Ping Zheng v. Sun & Son, Inc.,...

Establishing Jurisdictional Authority in Attorney Disciplinary Actions: The Case of Kevin Mbeh Tabe

Date: Dec 9, 2024

Establishing Jurisdictional Authority in Attorney Disciplinary Actions: The Case of Kevin Mbeh Tabe Introduction The disciplinary proceedings against Kevin Mbeh Tabe, an attorney licensed in New...

Vacating Default Judgments in Mortgage Foreclosure: Insights from Deutsche Bank v. Carlos M. Vega

Date: Dec 9, 2024

Vacating Default Judgments in Mortgage Foreclosure: Insights from Deutsche Bank v. Carlos M. Vega Introduction The landmark case Deutsche Bank National Trust Company, etc., v. Carlos M. Vega,...

Affirmation of FOIL Certification Standards in Appellate Advocates v. DOCCS

Date: Dec 9, 2024

Affirmation of FOIL Certification Standards in Appellate Advocates v. DOCCS Introduction In the landmark case of Appellate Advocates v. New York State Department of Corrections and Community...

Enforceability of Discharge Agreements in Joint Liability Cases: New Precedent Established in Marcella v. Glowacki

Date: Dec 9, 2024

Enforceability of Discharge Agreements in Joint Liability Cases: New Precedent Established in Marcella v. Glowacki Introduction In the landmark case of Tina K. Marcella v. Olga Glowacki et al., the...

Planning Board's Jurisdiction in Zoning Determinations Under Scrutiny: Supreme Court of New York Sets New Precedent

Date: Dec 9, 2024

Planning Board's Jurisdiction in Zoning Determinations Under Scrutiny: Supreme Court of New York Sets New Precedent Introduction The case of Chester Smith et al. v. Town of Thompson Planning Board et...

Establishing the Scope of Aggravated Harassment in Correctional Facilities: Insights from The People v. Eschell Ashcroft

Date: Dec 9, 2024

Establishing the Scope of Aggravated Harassment in Correctional Facilities: Insights from The People v. Eschell Ashcroft Introduction In the landmark case The People of the State of New York v....

Res Judicata and Collateral Estoppel in Intercreditor Agreements: Insights from Intrepid Investments v. Selling Source

Date: Dec 9, 2024

Res Judicata and Collateral Estoppel in Intercreditor Agreements: Insights from Intrepid Investments, LLC v. Selling Source, LLC Introduction The legal landscape surrounding intercreditor agreements...

PPP Funds Count as Earnings: New Precedent on Unemployment Benefit Eligibility in Svarczkopf Case

Date: Dec 9, 2024

PPP Funds Count as Earnings: New Precedent on Unemployment Benefit Eligibility in Svarczkopf v. Commissioner of Labor Introduction The case of Walter Svarczkopf versus the Commissioner of Labor...

Enhancing Sentencing Proportionality: Insights from People v. Mayette (2024)

Date: Dec 9, 2024

Enhancing Sentencing Proportionality: Insights from People v. Mayette (2024) Introduction In the landmark case The People of the State of New York v. Clifford Mayette (2024 N.Y. Slip Op. 6083), the...

Affirmation of Arbitration Award Upholding CPLR 7511 Standards in Teachers' Reassignment Case

Date: Dec 9, 2024

Affirmation of Arbitration Award Upholding CPLR 7511 Standards in Teachers' Reassignment Case Introduction The case of Troy City School District v. Troy Teachers Association (2024 N.Y. Slip Op. 6096)...

Suppression of Showup Identification Evidence in Juvenile Delinquency Proceedings

Date: Dec 9, 2024

Suppression of Showup Identification Evidence in Juvenile Delinquency Proceedings Introduction The case of Jahmeir T. (Anonymous) v. County Attorney of Nassau County (2024 N.Y. Slip Op. 6052)...

Establishing Standing in Mortgage Foreclosure: Analysis of Star201, LLC v. Juan F. Duran

Date: Dec 9, 2024

Establishing Standing in Mortgage Foreclosure: Analysis of Star201, LLC v. Juan F. Duran Introduction Star201, LLC v. Juan F. Duran is a pivotal case adjudicated by the Supreme Court of New York,...