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  • Commentaries
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New York Case Commentaries

Legal Commentary: Trivial Defects and Property Owner Liability in Personal Injury Cases

Legal Commentary: Trivial Defects and Property Owner Liability in Personal Injury Cases

Date: Mar 4, 2016
Trivial Defects and Property Owner Liability in Personal Injury Cases: Analysis of Diane CHIRUMBOLO v. 78 EXCHANGE STREET, LLC Introduction The case of Diane CHIRUMBOLO, Appellant, v. 78 EXCHANGE...
Establishing the Necessity of Expert Testimony in Medical Malpractice: Insights from Novick v. South Nassau Communities Hospital

Establishing the Necessity of Expert Testimony in Medical Malpractice: Insights from Novick v. South Nassau Communities Hospital

Date: Feb 25, 2016
Establishing the Necessity of Expert Testimony in Medical Malpractice: Insights from Novick v. South Nassau Communities Hospital Introduction The case of Esther Novick, et al., appellants, v. South...
Reaffirming Best Interest Standards for Custody Modifications: ANONYMOUS 2011–1 v. ANONYMOUS 2011–2

Reaffirming Best Interest Standards for Custody Modifications: ANONYMOUS 2011–1 v. ANONYMOUS 2011–2

Date: Feb 25, 2016
Reaffirming Best Interest Standards for Custody Modifications: ANONYMOUS 2011–1 v. ANONYMOUS 2011–2 Introduction The case of ANONYMOUS 2011–1 v. ANONYMOUS 2011–2 (136 A.D.3d 946), adjudicated by the...
Affirmation of Admissibility of Rebuttal and CSAAS Testimony in Child Sexual Abuse Cases

Affirmation of Admissibility of Rebuttal and CSAAS Testimony in Child Sexual Abuse Cases

Date: Feb 19, 2016
Affirmation of Admissibility of Rebuttal and CSAAS Testimony in Child Sexual Abuse Cases Introduction In the landmark case of The PEOPLE of the State of New York v. Christopher A. Nicholson (48...
Voluntariness of Confessions and Language Proficiency: Insights from People v. Jin Cheng Lin

Voluntariness of Confessions and Language Proficiency: Insights from People v. Jin Cheng Lin

Date: Feb 19, 2016
Voluntariness of Confessions and Language Proficiency: Insights from People v. Jin Cheng Lin Introduction People v. Jin Cheng Lin, 47 N.E.3d 718 (Court of Appeals of New York, 2016), addresses...
Establishing Duty of Care in Study-Abroad Programs: Insights from Katz v. United Synagogue of Conservative Judaism

Establishing Duty of Care in Study-Abroad Programs: Insights from Katz v. United Synagogue of Conservative Judaism

Date: Jan 13, 2016
Establishing Duty of Care in Study-Abroad Programs: Insights from Katz v. United Synagogue of Conservative Judaism Introduction The case of Julie Katz v. The United Synagogue of Conservative Judaism,...
Enhancing Standards for Malicious Prosecution and Attorney Deceit: Insights from FACEBOOK, INC. v. DLA PIPER LLP

Enhancing Standards for Malicious Prosecution and Attorney Deceit: Insights from FACEBOOK, INC. v. DLA PIPER LLP

Date: Dec 30, 2015
Enhancing Standards for Malicious Prosecution and Attorney Deceit: Insights from FACEBOOK, INC. v. DLA PIPER LLP Introduction The case of FACEBOOK, INC., et al. v. DLA PIPER LLP (US), et al.,...
Reevaluating Predicate Felony Determinations: The People v. Mark Jurgins

Reevaluating Predicate Felony Determinations: The People v. Mark Jurgins

Date: Dec 18, 2015
Reevaluating Predicate Felony Determinations: The People v. Mark Jurgins Introduction The People of the State of New York v. Mark Jurgins, 46 N.E.3d 1048 (2015), is a pivotal case decided by the...
Recognizing a Third-Party Duty of Care in Medical Malpractice: Davis v. South Nassau Communities Hospital

Recognizing a Third-Party Duty of Care in Medical Malpractice: Davis v. South Nassau Communities Hospital

Date: Dec 17, 2015
Recognizing a Third-Party Duty of Care in Medical Malpractice: Davis v. South Nassau Communities Hospital Introduction The case of Edwin Davis et al. v. South Nassau Communities Hospital et al. (26...
Citimortgage v. Espinal: Affirming Proper Foreclosure Procedures and Mortgage Holder Standing

Citimortgage v. Espinal: Affirming Proper Foreclosure Procedures and Mortgage Holder Standing

Date: Dec 17, 2015
Citimortgage v. Espinal: Affirming Proper Foreclosure Procedures and Mortgage Holder Standing Introduction In the landmark case of Citimortgage, Inc. v. Betty M. Espinal et al., decided on December...
Effective Assistance of Counsel and Sentencing in Child Sexual Abuse Cases: Analysis of People v. Gokey

Effective Assistance of Counsel and Sentencing in Child Sexual Abuse Cases: Analysis of People v. Gokey

Date: Dec 11, 2015
Effective Assistance of Counsel and Sentencing in Child Sexual Abuse Cases: Analysis of People v. Gokey Introduction People of the State of New York v. Donald J. Gokey is a significant appellate...
Maryellyn Kelly v. City of New York: Appellate Division Establishes Clarified Standards for Negligence Claims by Police Officers

Maryellyn Kelly v. City of New York: Appellate Division Establishes Clarified Standards for Negligence Claims by Police Officers

Date: Dec 3, 2015
Maryellyn Kelly v. City of New York: Appellate Division Establishes Clarified Standards for Negligence Claims by Police Officers Introduction The case of Maryellyn Kelly, et al., v. City of New York,...
Affirmation of Validity in Guilty Plea Allocutions: People v. Sougou

Affirmation of Validity in Guilty Plea Allocutions: People v. Sougou

Date: Nov 25, 2015
Affirmation of Validity in Guilty Plea Allocutions: People v. Sougou Introduction People v. Sougou, 26 N.Y.3d 1052 (2015), is a landmark decision by the Court of Appeals of New York that reaffirms...
Aleksey Podobedov v. East Coast Construction Group: Establishing the Burden of Proof in Labor Law § 240(1) Violations

Aleksey Podobedov v. East Coast Construction Group: Establishing the Burden of Proof in Labor Law § 240(1) Violations

Date: Nov 19, 2015
Aleksey Podobedov v. East Coast Construction Group: Establishing the Burden of Proof in Labor Law § 240(1) Violations Introduction The case of Aleksey Podobedov v. East Coast Construction Group, Inc....
Clarifying Acting in Concert and Constructive Possession Standards in Drug Sale Convictions: People v. Handy Slade

Clarifying Acting in Concert and Constructive Possession Standards in Drug Sale Convictions: People v. Handy Slade

Date: Nov 14, 2015
Clarifying Acting in Concert and Constructive Possession Standards in Drug Sale Convictions: People v. Handy Slade Introduction People v. Handy Slade is a landmark decision rendered by the Supreme...
Sanctions for Frivolous Conduct in Guardianship Proceedings: Analysis of In re Elihu Kover

Sanctions for Frivolous Conduct in Guardianship Proceedings: Analysis of In re Elihu Kover

Date: Oct 28, 2015
Sanctions for Frivolous Conduct in Guardianship Proceedings: Analysis of In re Elihu Kover Introduction The case of In re Elihu Kover, etc. presents a pivotal judgment in New York’s appellate...
Clarifying Legal Counsel’s Duty in REMIC-Qualified Securitization: Nomura v. Cadwalader

Clarifying Legal Counsel’s Duty in REMIC-Qualified Securitization: Nomura v. Cadwalader

Date: Oct 23, 2015
Clarifying Legal Counsel’s Duty in REMIC-Qualified Securitization: Nomura v. Cadwalader Introduction In Nomura Asset Capital Corporation, et al. v. Cadwalader, Wickersham & Taft LLP, 41 N.E.3d 353...
El-Dehdan v. El-Dehdan: Clarifying Civil Contempt in Matrimonial Proceedings

El-Dehdan v. El-Dehdan: Clarifying Civil Contempt in Matrimonial Proceedings

Date: Oct 21, 2015
El-Dehdan v. El-Dehdan: Clarifying Civil Contempt in Matrimonial Proceedings Introduction The case of Jacqueline El-Dehdan v. Salim El-Dehdan (41 N.E.3d 340) adjudicated by the Court of Appeals of...
Refining the Trivial Defect Doctrine: Enhanced Scrutiny in Premises Liability Cases

Refining the Trivial Defect Doctrine: Enhanced Scrutiny in Premises Liability Cases

Date: Oct 21, 2015
Refining the Trivial Defect Doctrine: Enhanced Scrutiny in Premises Liability Cases Introduction The Court of Appeals of New York, in a consolidated decision rendered on October 20, 2015, addressed...
Prosecutorial Discretion in Grand Jury Justification Defense: People v. Morel

Prosecutorial Discretion in Grand Jury Justification Defense: People v. Morel

Date: Sep 23, 2015
Prosecutorial Discretion in Grand Jury Justification Defense: People v. Morel Introduction People v. Jose Morel (131 A.D.3d 855, 2015) is a significant appellate decision from the Supreme Court,...
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