New York Case Commentaries

Affirmation of Dismissal for Second Appeal: Rubeo v. National Grange Mutual Insurance Co.

Date: Oct 15, 1999

Affirmation of Dismissal for Second Appeal: Rubeo v. National Grange Mutual Insurance Co. Introduction In the landmark case of Thomas J. Rubeo v. National Grange Mutual Insurance Co. (93 N.Y.2d 750),...

Affirmation of Dismissal Due to Failure to Establish Prima Facie Case in Legal and Accounting Malpractice Claims

Date: Oct 13, 1999

Affirmation of Dismissal Due to Failure to Establish Prima Facie Case in Legal and Accounting Malpractice Claims Introduction The case of Roy Merz, et al. v. Tad Seaman, et al. revolves around...

Comprehensive Commentary on People v. Museum of Modern Art: Interpretation of Arts and Cultural Affairs Law §12.03

Date: Sep 22, 1999

Interpretation of Arts and Cultural Affairs Law §12.03 in Criminal Proceedings: Insights from People v. Museum of Modern Art Introduction People v. Museum of Modern Art (93 N.Y.2d 729), adjudicated...

Indemnity Contracts and Nondelegable Duties under Labor Law §240: Analysis of BENTO CORREIA v. PROFESSIONAL DATA MANAGEMENT, INC.

Date: Jul 30, 1999

Indemnity Contracts and Nondelegable Duties under Labor Law §240: Analysis of BENTO CORREIA et al. v. PROFESSIONAL DATA MANAGEMENT, Inc. Introduction The case of BENTO CORREIA et al. v. PROFESSIONAL...

17 Vista Fee Associates v. Teachers Insurance and Annuity Association: Establishing Indemnification Rights Against Professional Negligence

Date: Jul 16, 1999

17 Vista Fee Associates v. Teachers Insurance and Annuity Association: Establishing Indemnification Rights Against Professional Negligence Introduction The case of 17 Vista Fee Associates et al. v....

Express Industries v. New York State Department of Transportation: Establishing Contractual Deficiency Due to Material Omissions

Date: Jul 9, 1999

Express Industries v. New York State Department of Transportation: Establishing Contractual Deficiency Due to Material Omissions Introduction The case of Express Industries and Terminal Corp. v. New...

Imputed Disqualification and the Duty of Confidentiality: Analysis of Kassis v. Teacher's Insurance

Date: Jul 2, 1999

Imputed Disqualification and the Duty of Confidentiality: Analysis of Kassis v. Teacher's Insurance Introduction The case of Henry Kassis, et al. v. Teacher's Insurance and Annuity Association, et...

General Municipal Law § 205-e Affirmed for Police Officer Claims Against Municipal Employers

Date: Jul 1, 1999

General Municipal Law § 205-e Affirmed for Police Officer Claims Against Municipal Employers Introduction The landmark decision in Maria C. Gonzalez v. Anthony Iocovello et al., Defendants, and The...

Intent and Coverage Interpretation in Insurance Contracts: Federal Insurance Co. v. Americas Insurance Co.

Date: Jun 16, 1999

Intent and Coverage Interpretation in Insurance Contracts: Federal Insurance Company v. Americas Insurance Company Introduction The case of Federal Insurance Company v. Americas Insurance Company et...

Global Financial v. Tríarc: Accrual of Nonresident's Claims Under CPLR 202

Date: Jun 11, 1999

Global Financial v. Tríarc: Accrual of Nonresident's Claims Under CPLR 202 Introduction The case of Global Financial Corp. v. Tríarc Corporation, 93 N.Y.2d 525, decided by the Court of Appeals of the...

Yellowstone Injunctions and Lease Obligations: Graubard Mollen Horowitz Pomeranz Shapiro v. 600 Third Avenue Associates

Date: Jun 11, 1999

Yellowstone Injunctions and Lease Obligations: Graubard Mollen Horowitz Pomeranz Shapiro v. 600 Third Avenue Associates Introduction The case of Graubard Mollen Horowitz Pomeranz Shapiro v. 600 Third...

Application of Spillover Error Analysis in Joint Trials: Insights from People v. Priyakant S. Doshi

Date: Jun 11, 1999

Application of Spillover Error Analysis in Joint Trials: Insights from People v. Priyakant S. Doshi Introduction People v. Priyakant S. Doshi, 93 N.Y.2d 499 (1999), is a landmark decision by the...

Constructive Notice Insufficient to Satisfy Statutory Written Notice Requirements in Sidewalk Defect Claims

Date: Jun 9, 1999

Constructive Notice Insufficient to Satisfy Statutory Written Notice Requirements in Sidewalk Defect Claims Introduction The case of Estelle Amabile et al. v. City of Buffalo (93 N.Y.2d 471)...

Establishing Probable Cause in "Buy and Bust" Operations: Insights from People v. Ketcham

Date: Jun 4, 1999

Establishing Probable Cause in "Buy and Bust" Operations: Insights from People v. Ketcham Introduction People v. William Ketcham (93 N.Y.2d 416), adjudicated by the Court of Appeals of the State of...

Indemnification Limitations for Punitive Damages Under Business Corporation Law § 721

Date: May 28, 1999

Indemnification Limitations for Punitive Damages Under Business Corporation Law § 721 Introduction The case of Nicholas A. Biondi v. Beekman Hill House Apartment Corporation delves into the intricate...

BDO SEIDMAN v. HIRSHBERG: Partial Enforcement of Overbroad Restrictive Covenants

Date: May 14, 1999

BDO SEIDMAN v. HIRSHBERG: Partial Enforcement of Overbroad Restrictive Covenants Introduction The case of BDO Seidman, a Partnership, Appellant, v. Jeffrey Hirshberg, Respondent (93 N.Y.2d 382)...

First Bank of the Americas v. Motor Car Funding: Clarifying Fraud Claims and Discovery Sanctions in Contractual Disputes

Date: May 12, 1999

First Bank of the Americas v. Motor Car Funding: Clarifying Fraud Claims and Discovery Sanctions in Contractual Disputes Introduction The case of First Bank of the Americas, Appellant-Respondent, v....

Non-Tolling of Statutory Time Limits as Conditions Precedent: YONKERS Contr. Co. v. Port Authority

Date: May 12, 1999

Non-Tolling of Statutory Time Limits as Conditions Precedent: YONKERS Contr. Co. v. Port Authority Trans-Hudson Corp. 1. Introduction The case of YONKERS CONTRACTING COMPANY, INC. v. PORT AUTHORITY...

Balancing Rehabilitation and Public Safety: Court of Appeals Validates Board of Education's Licensing Discretion

Date: May 7, 1999

Balancing Rehabilitation and Public Safety: Court of Appeals Validates Board of Education's Licensing Discretion Introduction The case of Jose Luis Arrocha v. Board of Education of the City of New...

Karlin v. IVF America: Expanding Consumer Protections to Medical Service Providers

Date: May 5, 1999

Karlin v. IVF America: Expanding Consumer Protections to Medical Service Providers Introduction In KARLIN v. IVF AMERICA, INC., the Court of Appeals of the State of New York addressed a pivotal issue...