New York Case Commentaries

Insufficient Evidence of Penetration Leads to Dismissal of Rape Convictions: Carroll v. The People

Date: Nov 22, 2000

Insufficient Evidence of Penetration Leads to Dismissal of Rape Convictions: Carroll v. The People Introduction The People v. John F. Carroll is a landmark decision by the Court of Appeals of the...

Privity and the Assignment of Malpractice Claims: Insights from CALPERS v. Shearman Sterling

Date: Nov 17, 2000

Privity and the Assignment of Malpractice Claims: Insights from CALPERS v. Shearman Sterling Introduction In the landmark case of State of California Public Employees' Retirement System (CALPERS) v....

Commencement of Statute of Limitations for Tenant Default Challenges: Yarbough v. Franco et al.

Date: Oct 27, 2000

Commencement of Statute of Limitations for Tenant Default Challenges: Yarbough v. Franco et al. Introduction The case In the Matter of Lola Yarbough, Respondent, v. Ruben Franco, et al., Appellants....

Broadening the Scope of Child Endangerment: An Analysis of THE PEOPLE v. THEODORE JOHNSON

Date: Oct 27, 2000

Broadening the Scope of Child Endangerment: An Analysis of THE PEOPLE v. THEODORE JOHNSON Introduction In the landmark case of The People v. Theodore Johnson (95 N.Y.2d 368), the Court of Appeals of...

Duty of Counsel Regarding Insurance Coverage for Litigation Costs: Darby v. VSI International

Date: Oct 25, 2000

Duty of Counsel Regarding Insurance Coverage for Litigation Costs: Darby v. VSI International Introduction The case of Darby Darby, P.C., Respondent, v. VSI International, Inc. et al., Appellants,...

Forfeiture of Pre-Indictment Claims Following a Guilty Plea: Insights from People v. Scott Hansen

Date: Oct 20, 2000

Forfeiture of Pre-Indictment Claims Following a Guilty Plea: Insights from People v. Scott Hansen Introduction People v. Scott Hansen, 95 N.Y.2d 227 (2000), adjudicated by the Court of Appeals of the...

Retroactive Application and Grace Period Under CPLR 214(6): Comprehensive Analysis of Brothers et al. v. Florence and Associated Cases

Date: Oct 20, 2000

Retroactive Application and Grace Period Under CPLR 214(6): Comprehensive Analysis of Brothers et al. v. Florence and Associated Cases Introduction The judgment in Brothers et al. v. Florence,...

Exclusion of Discretionary Bonuses from Wage Protections: Truelove v. Northeast Capital Advisory

Date: Oct 18, 2000

Exclusion of Discretionary Bonuses from Wage Protections: Truelove v. Northeast Capital Advisory Introduction In Truelove v. Northeast Capital Advisory, the Court of Appeals of the State of New York...

Assessing Preliminary Injunctions for Public Official Recusal: A Comprehensive Analysis of Peterson v. Corbin

Date: Sep 27, 2000

Assessing Preliminary Injunctions for Public Official Recusal: A Comprehensive Analysis of Peterson v. Corbin Introduction The case of Gregory P. Peterson v. Roger H. Corbin (275 A.D.2d 35)...

Clarification on Labor Law § 241(6) Protection and Anti-Subrogation in Third-Party Claims

Date: Sep 14, 2000

Clarification on Labor Law § 241(6) Protection and Anti-Subrogation in Third-Party Claims Introduction The case of Yong Ju Kim, et al. v. Herbert Construction Company, Inc. addresses critical issues...

Balancing Public Access and Trade Secret Protection: Insights from Danco Laboratories v. Chemical Works of Gedeon Richter

Date: Jul 28, 2000

Balancing Public Access and Trade Secret Protection: Insights from Danco Laboratories v. Chemical Works of Gedeon Richter Introduction The case of Danco Laboratories, Limited versus Chemical Works of...

Independent Source Doctrine in Eyewitness Identification: Analysis of THE PEOPLE v. RADCLIFFE

Date: Jul 27, 2000

Independent Source Doctrine in Eyewitness Identification: Analysis of THE PEOPLE v. RADCLIFFE Introduction THE PEOPLE, ETC., RESPONDENT, v. GREGORY RADCLIFFE is a pivotal case adjudicated by the...

Assumption of Risk in School Horseplay: Convey v. City of Rye School District

Date: Jul 19, 2000

Assumption of Risk in School Horseplay: Convey v. City of Rye School District Introduction The case of Michael T. Convey, Etc., Respondents, v. City of Rye School District, Et Al.,...

Fiduciary Duty Breach in Partner Departures: Gibbs v. Breed Abbott Morgan

Date: Jul 14, 2000

Fiduciary Duty Breach in Partner Departures: Gibbs v. Breed Abbott Morgan Introduction The case of Charles F. Gibbs, et al. v. Breed, Abbott Morgan, et al. (271 A.D.2d 180) adjudicated by the...

Comparative Negligence Reevaluated in the Boston Estate v. Dunham Case

Date: Jul 14, 2000

Comparative Negligence Reevaluated in the Bertha L. Boston Estate v. Ingrid H. Dunham Case Introduction The case of Bertha L. Boston, as Administrator of the Estate of Gregory Boston, Deceased,...

Recognition of CPL 30.30 Dismissal as Favorable Termination in Malicious Prosecution Claims

Date: Jul 7, 2000

Recognition of CPL 30.30 Dismissal as Favorable Termination in Malicious Prosecution Claims Introduction The case of Andrea Smith-Hunter v. Jonathan Harvey et al. (95 N.Y.2d 191) addresses a pivotal...

Expansion of New York's Long-Arm Jurisdiction: LaMarca v. Pak-Mor Manufacturing Company

Date: Jul 7, 2000

Expansion of New York's Long-Arm Jurisdiction: LaMarca v. Pak-Mor Manufacturing Company Introduction LaMarca v. Pak-Mor Manufacturing Company is a landmark decision by the Court of Appeals of the...

Worcester Insurance Co. v. Bettenhauser: Clarifying Timely Disclaimer Obligations Under NY Insurance Law § 3420(d)

Date: Jun 21, 2000

Worcester Insurance Co. v. Bettenhauser: Clarifying Timely Disclaimer Obligations Under NY Insurance Law § 3420(d) Introduction In the landmark case of Worcester Insurance Company v. Thomas...

Procedural Due Process in SORA Risk Level Determinations: A Comprehensive Analysis of The People C. v. David W.

Date: Jun 16, 2000

Procedural Due Process in SORA Risk Level Determinations: A Comprehensive Analysis of The People C. v. David W. Introduction The People C., Respondent, v. David W. (Anonymous), Appellant (95 N.Y.2d...

Enhancing Reviewability of Unauthorized Predicate Felony Sentences: Analysis of PEOPLE v. SAMMS

Date: Jun 14, 2000

Enhancing Reviewability of Unauthorized Predicate Felony Sentences: Analysis of PEOPLE v. SAMMS Introduction The landmark case PEOPLE v. SAMMS, 95 N.Y.2d 52 (2000), adjudicated by the Court of...