New York Case Commentaries

Collateral Estoppel in Civil Rights Litigation: A Comprehensive Analysis of Parker v. Blauvelt Volunteer Fire Co.

Date: Apr 30, 1999

Collateral Estoppel in Civil Rights Litigation: A Comprehensive Analysis of Parker v. Blauvelt Volunteer Fire Co. Introduction The case of KIMBALL PARKER, Appellant, v. BLAUVELT VOLUNTEER FIRE...

Awarding Attorney Fees for Pre-Action and Fee Hearing Legal Services in Divorce Proceedings

Date: Apr 30, 1999

Awarding Attorney Fees for Pre-Action and Fee Hearing Legal Services in Divorce Proceedings Introduction The case of Alexandra Sununu O'Shea v. Thomas M. O'Shea, decided by the Court of Appeals of...

TORTORELLO v. CARLIN: Establishing Standards in Legal Malpractice and Client Cooperation

Date: Apr 14, 1999

TORTORELLO v. CARLIN: Establishing Standards in Legal Malpractice and Client Cooperation Introduction The appellate case Margaret Tortorello v. Larry M. Carlin et al. (260 A.D.2d 201) adjudicated by...

Reaffirmation of the Special Injury Requirement in Malicious Prosecution: Engel v. CBS, Inc.

Date: Apr 7, 1999

Reaffirmation of the Special Injury Requirement in Malicious Prosecution: Engel v. CBS, Inc. Introduction The case of Donald S. Engel v. CBS, Inc. (93 N.Y.2d 195) represents a significant judicial...

Adoption of the Reasonable Relationship Test for Arbitrability under Taylor Law in Public Sector Grievances

Date: Apr 2, 1999

Adoption of the Reasonable Relationship Test for Arbitrability under Taylor Law in Public Sector Grievances Introduction The landmark decision in In the Matter of Board of Education of Watertown City...

Proper Application of CPL 60.25 in Identification Evidence: People v. Patterson Establishes Key Precedents

Date: Apr 2, 1999

Proper Application of CPL 60.25 in Identification Evidence: People v. Patterson Establishes Key Precedents Introduction The People of the State of New York v. Darren Patterson, 93 N.Y.2d 80 (1999),...

Mandamus Relief Denied in CPLR Article 78 Proceeding: Dyno v. Rose

Date: Apr 2, 1999

Mandamus Relief Denied in CPLR Article 78 Proceeding: Dyno v. Rose Introduction The case of Thomas L. Dyno v. Robert S. Rose represents a significant examination of the boundaries and application of...

New Precedent on Statutes of Repose in Products Liability: Tanges v. Heidelberg North America, Inc.

Date: Mar 31, 1999

New Precedent on Statutes of Repose in Products Liability: Tanges v. Heidelberg North America, Inc. Introduction The case of Dennis Tanges v. Heidelberg North America, Inc. addresses the critical...

Clarifying Part Performance Doctrine in New York Statute of Frauds: Messner v. Aegis Group

Date: Mar 26, 1999

Clarifying Part Performance Doctrine in New York Statute of Frauds: Messner v. Aegis Group PLC Introduction The case of Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PLC,...

Liability of Employers for Employee Actions in False Imprisonment and Malicious Prosecution: Insights from Du Chateau v. Metro-North

Date: Mar 19, 1999

Liability of Employers for Employee Actions in False Imprisonment and Malicious Prosecution: Insights from Du Chateau v. Metro-North Introduction The case of Daniel Du Chateau v. Metro-North Commuter...

Admissibility of Refusal to Perform Field Sobriety Tests Without Miranda Warnings: People v. Berg

Date: Feb 24, 1999

Admissibility of Refusal to Perform Field Sobriety Tests Without Miranda Warnings: People v. Berg Introduction People v. Berg (92 N.Y.2d 701) is a pivotal case decided by the Court of Appeals of the...

Establishing Judicial Discretion in Competency Hearings: Insights from People v. Tortorici

Date: Feb 19, 1999

Establishing Judicial Discretion in Competency Hearings: Insights from People v. Tortorici Introduction People v. Ralph J. Tortorici is a pivotal case decided by the Court of Appeals of the State of...

Summary Judgment Grounds in Defamation and Tortious Interference Claims: Snyder v. Sony Music

Date: Jan 29, 1999

Summary Judgment Grounds in Defamation and Tortious Interference Claims: Snyder v. Sony Music Introduction The case of Craig Snyder v. Sony Music Entertainment, Inc. involves complex legal issues...

Appellate Division Clarifies Standards for CPLR 3211 Motions and Upholds Fraudulent Conveyance Claims under Debtor and Creditor Law

Date: Jan 29, 1999

Appellate Division Clarifies Standards for CPLR 3211 Motions and Upholds Fraudulent Conveyance Claims under Debtor and Creditor Law Introduction The case of Wall Street Associates, Appellant, v....

Affirmation of Proper Use of Peremptory Challenges under Batson in People v. Dolphy

Date: Jan 8, 1999

Affirmation of Proper Use of Peremptory Challenges under Batson in People v. Dolphy Introduction People of the State of New York v. Seth D. Dolphy is a significant appellate court decision rendered...

Sanctions for Willful Evidence Destruction: DiDomenico v. Aeromatik & UPS

Date: Dec 29, 1998

Sanctions for Willful Evidence Destruction: DiDomenico v. Aeromatik & UPS Introduction DiDomenico et al. v. C.S. Aeromatik Supplies, Inc., CA Aromatics Co., and United Parcel Service is a pivotal...

Effective Waiver of Right to Counsel Requires a Searching Inquiry: PEOPLE v. SMITH

Date: Dec 18, 1998

Effective Waiver of Right to Counsel Requires a Searching Inquiry: PEOPLE v. SMITH Introduction People v. Leroy Smith, 92 N.Y.2d 516 (1998), adjudicated by the Court of Appeals of the State of New...

Refining Attorney Disqualification Standards: Insights from Jamaica Public Service Co. Ltd. v. AIU Insurance Company

Date: Dec 18, 1998

Refining Attorney Disqualification Standards: Insights from Jamaica Public Service Co. Ltd. v. AIU Insurance Company Introduction The case of Jamaica Public Service Co. Ltd. v. AIU Insurance Company...

Extension of the Doctrine of Adequate Assurance to Non-UCC Contracts in Norcon v. Niagara Mohawk

Date: Dec 2, 1998

Extension of the Doctrine of Adequate Assurance to Non-UCC Contracts in Norcon v. Niagara Mohawk Introduction The case of NORCON POWER PARTNERS, L.P. v. NIAGARA MOHAWK POWER CORP. (92 N.Y.2d 458)...

Class Certification Standards in Multistate Professional Malpractice: ACKERMAN v. PRICE WATERHOUSE

Date: Dec 2, 1998

Class Certification Standards in Multistate Professional Malpractice: ACKERMAN v. PRICE WATERHOUSE Introduction In Carolyn Ackerman et al. v. Price Waterhouse, the Appellate Division of the Supreme...