New York Case Commentaries

Affirming Procedural Remedies and Limiting State Constitutional Tort Claims: MARTINEZ v. CITY OF SCHENECTADY

Date: Nov 20, 2001

Affirming Procedural Remedies and Limiting State Constitutional Tort Claims: MARTINEZ v. CITY OF SCHENECTADY Introduction The case of Melody MARTINEZ v. CITY OF SCHENECTADY (97 N.Y.2d 78) presents a...

Establishing Landlord Liability in Lead Paint Poisoning Cases: Chapman v. Silber

Date: Nov 16, 2001

Establishing Landlord Liability in Lead Paint Poisoning Cases: Chapman v. Silber Introduction Chapman v. Silber et al., decided by the Court of Appeals of the State of New York on November 15, 2001,...

Admissibility of Prior Crimes in Assault Cases: Insights from People C. v. Enrique Rojas

Date: Oct 26, 2001

Admissibility of Prior Crimes in Assault Cases: Insights from People C. v. Enrique Rojas Introduction People C. v. Enrique Rojas, 97 N.Y.2d 32 (2001), adjudicated by the Court of Appeals of the State...

Waiver of Motion to Dismiss upon Presenting Defense Evidence: Insights from The People C. v. Dashon Hines

Date: Oct 24, 2001

Waiver of Motion to Dismiss upon Presenting Defense Evidence: Insights from The People C. v. Dashon Hines Introduction The People C. v. Dashon Hines is a landmark case adjudicated by the Court of...

Due Process in Foreclosure Proceedings: Insights from MYUNG CHUN v. NORTH AMERICAN MORTGAGE CO.

Date: Aug 31, 2001

Due Process in Foreclosure Proceedings: Insights from MYUNG CHUN v. NORTH AMERICAN MORTGAGE CO. Introduction The case of MYUNG CHUN, Plaintiff-Appellant, v. NORTH AMERICAN MORTGAGE CO., ET AL. (285...

Exclusivity and Revocability of Sublicenses under Management Agreements: The Ark Bryant Park Case

Date: Aug 24, 2001

Exclusivity and Revocability of Sublicenses under Management Agreements: The Ark Bryant Park Case Introduction The case of Ark Bryant Park Corp. v. Bryant Park Restoration Corp. (285 A.D.2d 143)...

Ramos v. City of New York: Liability for Exculpatory Evidence Suppression under Brady and 42 U.S.C §1983

Date: Aug 17, 2001

Ramos v. City of New York: Liability for Exculpatory Evidence Suppression under Brady and 42 U.S.C §1983 Introduction Ramos v. City of New York is a pivotal case adjudicated by the Appellate Division...

Establishing Linkage in Accountant Negligence: Insights from LaSalle National Bank v. Ernst Young LLP

Date: Aug 10, 2001

Establishing Linkage in Accountant Negligence: Insights from LaSalle National Bank v. Ernst Young LLP Introduction The case of LaSalle National Bank, et al., Plaintiffs-Respondents, v. Ernst Young...

Legislative Standing in Budgetary Disputes: Sheldon Silver v. George E. Pataki

Date: Jul 11, 2001

Legislative Standing in Budgetary Disputes: Sheldon Silver v. George E. Pataki Introduction The case of Sheldon Silver, C., Appellant, v. George E. Pataki, Governor, C., Respondent (96 N.Y.2d 532)...

Specific Performance Upholding Agent’s Fiduciary Duties: Sokoloff v. Harriman Estates Development Corp.

Date: Jul 11, 2001

Specific Performance Upholding Agent’s Fiduciary Duties: Sokoloff v. Harriman Estates Development Corp. Introduction In the landmark case of Sokoloff et al. v. Harriman Estates Development Corp., the...

Acquista v. New York Life: Expanding Remedies for Bad Faith and Unfair Practices in Disability Insurance Claims

Date: Jul 6, 2001

Acquista v. New York Life: Expanding Remedies for Bad Faith and Unfair Practices in Disability Insurance Claims Introduction Acquista v. New York Life Insurance Company is a pivotal case adjudicated...

Mandating "Acquit-First" Instructions: Insights from The People v. Anselmo Helliger

Date: Jul 6, 2001

Mandating "Acquit-First" Instructions: Insights from The People v. Anselmo Helliger Introduction The People v. Anselmo Helliger, 96 N.Y.2d 462 (2001), is a seminal case decided by the Court of...

Affirming Passenger Detention During Lawful Traffic Stops: Insights from Farquan Forbes v. The People

Date: Jul 3, 2001

Affirming Passenger Detention During Lawful Traffic Stops: Insights from Farquan Forbes v. The People Introduction The case of Farquan Forbes v. The People (283 A.D.2d 92) adjudicated by the...

Favorable Termination in Malicious Prosecution: Cantolino v. Danner

Date: Jun 29, 2001

Favorable Termination in Malicious Prosecution: Cantolino v. Danner Introduction Cantolino v. Danner (96 N.Y.2d 391), adjudicated by the Court of Appeals of the State of New York on June 28, 2001,...

Admissibility of Third-Party Culpability: Revisiting Evidentiary Standards in THE PEOPLE v. KENRICK PRIMO

Date: Jun 13, 2001

Admissibility of Third-Party Culpability: Revisiting Evidentiary Standards in The People v. Kenrick Primo Introduction The People v. Kenrick Primo (96 N.Y.2d 351), adjudicated by the Court of Appeals...

The Importance of Juror Impartiality: Insights from The People v. Marlon Arnold

Date: Jun 13, 2001

The Importance of Juror Impartiality: Insights from The People v. Marlon Arnold Introduction The People v. Marlon Arnold, 96 N.Y.2d 358 (2001), is a landmark decision by the Court of Appeals of the...

Reinforcement of the Economic Loss Rule and Public Nuisance Limitations in Urban Construction Disasters: Insights from 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.

Date: Jun 8, 2001

Reinforcement of the Economic Loss Rule and Public Nuisance Limitations in Urban Construction Disasters: Insights from 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc. Introduction...

Innkeepers' Limited Duty of Care for Off-Premises Public Beach Conditions

Date: Jun 8, 2001

Innkeepers' Limited Duty of Care for Off-Premises Public Beach Conditions Introduction The case of Regina L. Darby v. Compagnie National Air France et al. presented before the Court of Appeals of the...

Legal Malpractice Liability Arising from Attorney's Misrepresentation of Document Revisions

Date: Jun 6, 2001

Legal Malpractice Liability Arising from Attorney's Misrepresentation of Document Revisions Introduction In the pivotal case of Arnav Industries, Inc. Retirement Trust et al. v. Brown, Raysman,...

Limiting CPLR 3404 to Trial Calendar: Insights from Lopez v. Imperial Delivery Service

Date: May 15, 2001

Limiting CPLR 3404 to Trial Calendar: Insights from Lopez v. Imperial Delivery Service Introduction The appellate decision in Miguel Lopez, et al., Appellants, v. Imperial Delivery Service, Inc., et...