New York Case Commentaries

Open and Obvious Conditions and Landowner Liability: Cupo v. Karfunkel

Date: Oct 28, 2003

Open and Obvious Conditions and Landowner Liability: Cupo v. Karfunkel Introduction The case Denise Cupo v. Michael Karfunkel, et al. adjudicated by the Appellate Division of the Supreme Court of New...

Expansion of Labor Law §240(1) Protection to Contemporaneous Construction Inspection Activities

Date: Oct 22, 2003

Expansion of Labor Law §240(1) Protection to Contemporaneous Construction Inspection Activities Introduction The case of Norberto Prats and Selene Prats v. The Port Authority of New York and New...

Regulation 68 Compliance Affirmed: Establishing Authority in No-Fault Automobile Insurance

Date: Oct 22, 2003

Regulation 68 Compliance Affirmed: Establishing Authority in No-Fault Automobile Insurance Introduction The case of In the Matter of Medical Society of the State of New York, et al., Appellants, v....

Establishing the Burden of Proof in Employment Discrimination Claims: Paula Forrest v. Jewish Guild for the Blind

Date: Oct 10, 2003

Establishing the Burden of Proof in Employment Discrimination Claims: Paula Forrest v. Jewish Guild for the Blind Introduction In the landmark case of Paula Forrest v. Jewish Guild for the Blind (309...

Limitation of Financing Obligations and Waiver Provisions: Trump Village Section 3, Inc. v. NY State Housing Finance Agency

Date: Aug 29, 2003

Limitation of Financing Obligations and Waiver Provisions: Trump Village Section 3, Inc. v. New York State Housing Finance Agency Introduction The case of Trump Village Section 3, Inc. v. New York...

Johnson v. Kings County DA: Expanding Municipal Liability under 42 U.S.C. § 1983

Date: Aug 12, 2003

Johnson v. Kings County DA: Expanding Municipal Liability under 42 U.S.C. § 1983 Introduction The case Henry Johnson v. Kings County District Attorney's Office, et al. (308 A.D.2d 278) adjudicated by...

Curanovic v. New York Central Mutual Fire Insurance Company: Material Misrepresentation in Insurance Contracts

Date: Jul 4, 2003

Curanovic v. New York Central Mutual Fire Insurance Company: Material Misrepresentation in Insurance Contracts Introduction Curanovic v. New York Central Mutual Fire Insurance Company et al. is a...

Affirmation of New York's Anti-Stalking Statute: Upholding Penal Law § 120.45 in PEOPLE v. STUART

Date: Jul 3, 2003

Affirmation of New York's Anti-Stalking Statute: Upholding Penal Law § 120.45 in PEOPLE v. STUART Introduction In the landmark case of PEOPLE v. STUART, the Court of Appeals of the State of New York...

BELT PAINTING CORP. v. TIG INSURANCE COmpany: Clarifying Pollution Exclusion in Personal Injury Claims

Date: Jul 2, 2003

BELT PAINTING CORP. v. TIG INSURANCE COmpany: Clarifying Pollution Exclusion in Personal Injury Claims Introduction In the landmark case of BELT PAINTING CORP. v. TIG INSURANCE COmpany, the Court of...

Establishing Limits on Public Nuisance Claims Against Firearm Manufacturers: Insights from PEOPLE v. STURM, RUGER COMPANY, INC.

Date: Jun 25, 2003

Establishing Limits on Public Nuisance Claims Against Firearm Manufacturers: Insights from PEOPLE v. STURM, RUGER COMPANY, INC. Introduction The case of People of the State of New York, by Eliot...

Affirmation of Defendant's Non-Negligent Explanation in Rear-End Collision Case

Date: Jun 3, 2003

Affirmation of Defendant's Non-Negligent Explanation in Rear-End Collision Case Introduction The case of Maria Chepel, et al. v. Gail Meyers (306 A.D.2d 235) adjudicated by the Appellate Division of...

Statute of Limitations in Fiduciary Duty Breaches: Insights from Kaufman v. Cohen

Date: May 28, 2003

Statute of Limitations in Fiduciary Duty Breaches: Insights from Kaufman v. Cohen Introduction The case of Gerald S. Kaufman, et al. v. Irwin B. Cohen, et al. (307 A.D.2d 113) adjudicated by the...

Addys PERALTA v. HENRIQUEZ: Redefining Landowner Duties for Property Illumination

Date: May 14, 2003

Addys PERALTA v. HENRIQUEZ: Redefining Landowner Duties for Property Illumination Introduction Addys Peralta v. Raphael Henriquez, et al. (100 N.Y.2d 139) is a landmark decision by the Court of...

Broadening Causation in GML §205-a: Insights from Giuuffrida v. Citibank

Date: May 9, 2003

Broadening Causation in GML §205-a: Insights from Giuuffrida v. Citibank Introduction The case of Giuuffrida v. Citibank Corp. (100 N.Y.2d 72) adjudicated by the Court of Appeals of the State of New...

Abuse of Discretion in Vacating Default Judgments: The WOODSON v. MENDON LEASING CORPoration Case

Date: May 7, 2003

Abuse of Discretion in Vacating Default Judgments: The WOODSON v. MENDON LEASING CORPoration Case Introduction The case of WOODSON v. MENDON LEASING CORPoration, et al., 100 N.Y.2d 62 (2003) presents...

Reaffirming Circumstantial Evidence in Product Liability: Speller C. v. Sears, Roebuck & Co.

Date: May 7, 2003

Reaffirming Circumstantial Evidence in Product Liability: Speller C. v. Sears, Roebuck & Co. Introduction The case of Elijah Speller C., et al. v. Sears, Roebuck and Co., et al. (100 N.Y.2d 38)...

Effect of Guilty Pleas on Jurisdictional Defect Claims: Insights from People v. Keizer and People v. Pittman

Date: Apr 9, 2003

Effect of Guilty Pleas on Jurisdictional Defect Claims: Insights from People v. Keizer and People v. Pittman Introduction The cases of People v. Keizer and People v. Pittman address a pivotal issue...

Expansion of Labor Law §240(1): Alteration Activities and Worker Protection

Date: Apr 2, 2003

Expansion of Labor Law §240(1): Alteration Activities and Worker Protection Introduction The case of Andrew W. Panek et al. v. County of Albany et al. (99 N.Y.2d 452) adjudicated by the Court of...

Expanding the At-Will Employment Doctrine: Horn v. The New York Times Analysis

Date: Feb 26, 2003

Expanding the At-Will Employment Doctrine: Horn v. The New York Times Analysis Introduction Horn v. The New York Times, 100 N.Y.2d 85 (2003), presents a pivotal moment in the interpretation of the...

Indemnification Rights in Strict Products Liability: Insights from ZOILA GODOY v. ABAMASTER OF MIAMI, INC. (302 A.D.2d 57)

Date: Jan 22, 2003

Indemnification Rights in Strict Products Liability: Insights from ZOILA GODOY v. ABAMASTER OF MIAMI, INC. (302 A.D.2d 57) Introduction The case of Zoila Godoy v. Abamaster of Miami, Inc. presents a...