New York Case Commentaries

STUTMAN v. CHEMICAL BANK: Affirming the Legality of Service Fees in Loan Refinancing under GBL §349

Date: May 19, 2000

STUTMAN v. CHEMICAL BANK: Affirming the Legality of Service Fees in Loan Refinancing under GBL §349 Introduction STUTMAN v. CHEMICAL BANK is a landmark case adjudicated by the Court of Appeals of the...

Limiting Municipal Liability for Emotional Distress: LAUER v. CITY OF NEW YORK

Date: May 17, 2000

Limiting Municipal Liability for Emotional Distress: LAUER v. CITY OF NEW YORK Introduction The case of Edward G. LAUER v. CITY OF NEW YORK (95 N.Y.2d 95) presents a critical examination of municipal...

Protection of Maternal Privacy in Lead-Paint Injury Cases: Insights from ANDON v. 302-304 MOTT STreet Associates

Date: May 12, 2000

Protection of Maternal Privacy in Lead-Paint Injury Cases: Insights from ANDON v. 302-304 MOTT STreet Associates Introduction The landmark case Antonio Andon, C., et al., Respondents, v. 302-304 Mott...

Establishing the Threshold for Serious Injury under Insurance Law § 5102(d): Grossman v. Wright

Date: May 9, 2000

Establishing the Threshold for Serious Injury under Insurance Law § 5102(d): Grossman v. Wright Introduction The case of Helene Grossman, plaintiff, v. Anna Wright, et al., defendants (Action No. 1)...

Clarifying Post-Issue Discovery Standards: AudioVox Corp. v. Benyamin Benyamini

Date: Apr 18, 2000

Clarifying Post-Issue Discovery Standards: AudioVox Corp. v. Benyamin Benyamini Introduction In the case of AUDIOVOX CORPORATION v. BENYAMIN BENYAMINI, decided on April 17, 2000, the Appellate...

Affirming Impartial Jury Standards: Insights from PEOPLE v. JOHNSON, Sharper, and Reyes

Date: Apr 14, 2000

Affirming Impartial Jury Standards: Insights from PEOPLE v. JOHNSON, Sharper, and Reyes Introduction In the landmark decision PEOPLE v. JOHNSON, Sharper, and Reyes, the Court of Appeals of New York...

Indemnification of Corporate Directors: Public Policy Limitations Established in Biondi v. Beekman Hill House Apartment Corporation

Date: Apr 12, 2000

Indemnification of Corporate Directors: Public Policy Limitations Established in Biondi v. Beekman Hill House Apartment Corporation Introduction The case of Nicholas A. Biondi v. Beekman Hill House...

Affirmation of Mixed Verdicts: Upholding Jury's Role in Weight of Evidence Review - People v. Handy Lee Rayam

Date: Apr 12, 2000

Affirmation of Mixed Verdicts: Upholding Jury's Role in Weight of Evidence Review - People v. Handy Lee Rayam Introduction The case of The People v. Handy Lee Rayam, decided by the Court of Appeals...

Limiting Preliminary Injunctive Relief for General Unsecured Creditors: Insights from Credit Agricole Indosuez v. Rossiyskiy Kredit Bank

Date: Mar 31, 2000

Limiting Preliminary Injunctive Relief for General Unsecured Creditors: Insights from Credit Agricole Indosuez v. Rossiyskiy Kredit Bank Introduction In the landmark case of Credit Agricole Indosuez,...

'Law of the Case' and Judicial Discretion in Retrials: Insights from THE PEOPLE v. ERIC EVANS

Date: Mar 1, 2000

'Law of the Case' and Judicial Discretion in Retrials: Insights from THE PEOPLE v. ERIC EVANS Introduction THE PEOPLE v. ERIC EVANS (94 N.Y.2d 499) is a pivotal case decided by the Court of Appeals...

Newsworthiness Exception Limits Privacy Claims Under New York Civil Rights Law: Messenger v. Gruner + Jahr Printing

Date: Feb 18, 2000

Newsworthiness Exception Limits Privacy Claims Under New York Civil Rights Law: Messenger v. Gruner + Jahr Printing Introduction In the landmark case of Messenger v. Gruner + Jahr Printing and...

Affirmation of Felony Murder and Rejection of the Nonslayer Defense in People v. Jeanty

Date: Jan 14, 2000

Affirmation of Felony Murder and Rejection of the Nonslayer Defense in People v. Jeanty Introduction Case: The People of the State of New York v. Patrick Jeanty, also known as Bakim Johnson Black and...

Affirmation of Arbitration: Upholding Collective Bargaining Agreements in Public Employment Disputes

Date: Dec 22, 1999

Affirmation of Arbitration: Upholding Collective Bargaining Agreements in Public Employment Disputes Introduction The case of New York State Correctional Officers and Police Benevolent Association,...

Expanding Consumer Protection: General Business Law § 349 in 'Vanishing Premium' Life Insurance Cases

Date: Dec 22, 1999

Expanding Consumer Protection: General Business Law § 349 in 'Vanishing Premium' Life Insurance Cases Introduction The case of Gaidon v. Guardian Life Insurance Company of America and Goshen v. The...

Truth as a Complete Defense in Employer Defamation Claims: Dillon v. City of New York

Date: Dec 15, 1999

Truth as a Complete Defense in Employer Defamation Claims: Dillon v. City of New York Introduction The case of John T. Dillon, Jr., et al. v. City of New York, et al. (261 A.D.2d 34) adjudicated by...

Imposition of Sanctions for Frivolous Appeals in Prolonged Landlord-Tenant Litigation

Date: Dec 3, 1999

Imposition of Sanctions for Frivolous Appeals in Prolonged Landlord-Tenant Litigation Introduction The case of Stuart Levy, et al. v. Carol Management Corporation and Susan Teeman (260 A.D.2d 27)...

Reaffirming Judicial Restraint in Academic Administrative Processes: MAAS v. CORNELL UNIVersity

Date: Nov 24, 1999

Reaffirming Judicial Restraint in Academic Administrative Processes: MAAS v. CORNELL UNIVersity Introduction In James MAAS v. CORNELL UNIVersity, 94 N.Y.2d 87 (1999), the Court of Appeals of the...

Requirement of Individualized Injury for Class Certification in Consumer Fraud Under Gen Business Law § 349: Small v. Lorillard

Date: Oct 27, 1999

Requirement of Individualized Injury for Class Certification in Consumer Fraud Under Gen Business Law § 349: Small v. Lorillard Introduction In the landmark case SMALL v. LORILLARD TOBACCO CO., 252...

State Immunity in Juvenile Delinquency Supervision: SEBASTIAN v. STATE of New York

Date: Oct 22, 1999

State Immunity in Juvenile Delinquency Supervision: SEBASTIAN v. STATE of New York Introduction SEBASTIAN v. STATE of New York is a pivotal case adjudicated by the Court of Appeals of the State of...

Likelihood of Dissemination Suffices for Name-Clearing Hearings: New Precedent Established

Date: Oct 20, 1999

Likelihood of Dissemination Suffices for Name-Clearing Hearings: New Precedent Established Introduction The case of In the Matter of Luther Swinton, Jr., Appellant, v. Howard Safir, Respondent (93...