New York Case Commentaries

Standing Doctrine Affirmed: NY State Association of Nurse Anesthetists v. Novello

Date: Mar 31, 2004

Standing Doctrine Affirmed: NY State Association of Nurse Anesthetists v. Novello Introduction The case of New York State Association of Nurse Anesthetists (NYSANA) v. Novello addresses critical...

Affirmation of Municipal Immunity in Lead Poisoning Cases: An Analysis of Pelaez v. Seide and Harris v. Llewellyn

Date: Mar 26, 2004

Affirmation of Municipal Immunity in Lead Poisoning Cases: An Analysis of Pelaez v. Seide and Harris v. Llewellyn Introduction The cases of Pelaez v. Seide and Harris v. Llewellyn address the...

No Implied Restoration Notice Required for Lease Termination in VTB v. 538 Madison Realty

Date: Mar 26, 2004

No Implied Restoration Notice Required for Lease Termination in VTB v. 538 Madison Realty Introduction In the case of The Vermont Teddy Bear Co., Inc. v. 538 Madison Realty Company (1 N.Y.3d 470),...

Clarifying the Distinction Between Intentional Murder and Depraved Indifference in New York Law

Date: Mar 26, 2004

Clarifying the Distinction Between Intentional Murder and Depraved Indifference in New York Law Introduction The case of The People C. v. Walter Gonzalez (1 N.Y.3d 464) adjudicated by the Court of...

Maintaining Safe Premises: Open and Obvious Hazards Do Not Exempt Landowners from Duty

Date: Mar 10, 2004

Maintaining Safe Premises: Open and Obvious Hazards Do Not Exempt Landowners from Duty Introduction In the case of RUTH WESTBROOK, Plaintiff-Appellant, v. WR ACTIVITIES-CABRERA MARKETS, ET AL.,...

Interpretation of Royalty Contracts: Exclusion of Foreign Tax Credits

Date: Feb 25, 2004

Interpretation of Royalty Contracts: Exclusion of Foreign Tax Credits Introduction The case of Ray Evans, et al. v. Famous Music Corporation revolves around the interpretation of royalty contracts...

Repercussions of Two-Tiered Penalty Scheme on Capital Sentencing: Analysis of PEOPLE v. MATEO

Date: Feb 25, 2004

Repercussions of Two-Tiered Penalty Scheme on Capital Sentencing: Analysis of PEOPLE v. MATEO Introduction The legal landscape surrounding capital punishment and its fairness received a significant...

Owners Unliable for Dog Bites Without Proven Knowledge of Vicious Propensities

Date: Feb 18, 2004

Owners Unliable for Dog Bites Without Proven Knowledge of Vicious Propensities Introduction The case of Andrea Collier v. Charles and Mary Zambito (1 N.Y.3d 444) serves as a pivotal instance in New...

Duty of Care in Elevator Maintenance Contracts: Insights from Fernandez v. Otis Elevator Company

Date: Feb 4, 2004

Duty of Care in Elevator Maintenance Contracts: Insights from Fernandez v. Otis Elevator Company Introduction The case of Jose Fernandez v. Otis Elevator Company, decided on February 3, 2004, by the...

BLAKE v. NEIGHBORHOOD HOUSING SERVICES: Affirming the Limits of Strict Liability under Labor Law §240(1)

Date: Dec 24, 2003

BLAKE v. NEIGHBORHOOD HOUSING SERVICES: Affirming the Limits of Strict Liability under Labor Law §240(1) Introduction The case of BLAKE v. NEIGHBORHOOD HOUSING SERVICES of New York City, Inc. (1...

Establishing Standards for Summary Judgment and Immunity in False Arrest Claims: Wyllie v. District Attorney of County of Kings

Date: Dec 23, 2003

Establishing Standards for Summary Judgment and Immunity in False Arrest Claims: Wyllie v. District Attorney of County of Kings Introduction The case Ingrid Wyllie v. District Attorney of County of...

Excited Utterance Exception and the Right to Confront in People v. Johnson

Date: Dec 23, 2003

Excited Utterance Exception and the Right to Confront in People v. Johnson Introduction People v. Robert Johnson (1 N.Y.3d 302), decided by the Court of Appeals of the State of New York on December...

LEPKOWSKI v. STATE of New York: Upholding Strict Pleading Standards under Court of Claims Act §11(b)

Date: Dec 19, 2003

LEPKOWSKI v. STATE of New York: Upholding Strict Pleading Standards under Court of Claims Act §11(b) Introduction Lepkowski et al. v. State of New York is a landmark decision by the Court of Appeals...

Establishing Safety Device Requirements in Elevation-Related Work: Salinas v. Barney Skanska Construction Co.

Date: Dec 16, 2003

Establishing Safety Device Requirements in Elevation-Related Work: Salinas v. Barney Skanska Construction Co. Introduction In the landmark case of Miguel Salinas v. Barney Skanska Construction Co.,...

Concurrent Sentencing Promises and Plea Vacatur: Insights from PEOPLE v. PICHARDO

Date: Dec 3, 2003

Concurrent Sentencing Promises and Plea Vacatur: Insights from PEOPLE v. PICHARDO Introduction PEOPLE v. PICHARDO (1 N.Y.3d 126) is a landmark decision by the Court of Appeals of the State of New...

Independent Contractor Status Clarified in Bynog v. Cipriani Group

Date: Dec 3, 2003

Independent Contractor Status Clarified in Bynog v. Cipriani Group Introduction The case of Shyron Bynog, et al. v. Cipriani Group, Inc., et al. was adjudicated by the Court of Appeals of the State...

At-Will Employment and Reliance on Representation: Insights from Skillgames LLC v. Seth Brody

Date: Nov 21, 2003

At-Will Employment and Reliance on Representation: Insights from Skillgames LLC v. Seth Brody Introduction The case of Skillgames LLC v. Seth Brody, adjudicated by the Appellate Division of the...

Arbitration and Public Policy in Teacher Selection: UFT Local 2 v. NYC Board of Education

Date: Nov 21, 2003

Arbitration and Public Policy in Teacher Selection: UFT Local 2 v. NYC Board of Education Introduction The legal landscape of public sector employment often navigates the intricate balance between...

Establishing Futility of Demand in Shareholder Derivative Actions: BANSBACH v. ZINN

Date: Oct 31, 2003

Establishing Futility of Demand in Shareholder Derivative Actions: BANSBACH v. ZINN Introduction BANSBACH v. ZINN is a seminal decision by the Court of Appeals of the State of New York, rendered on...

Waiver of Statute of Limitations Defense by Requesting Lesser Included Offense in Depraved Indifference Murder Cases

Date: Oct 29, 2003

Waiver of Statute of Limitations Defense by Requesting Lesser Included Offense in Depraved Indifference Murder Cases Introduction In the landmark case of The People C. v. Arthur Mills, decided by the...