New York Case Commentaries

Establishing Proximate Cause in Landlord Liability: BURGOS v. AQUEDUCT REALTY CORP. & Gomez v. NYC Housing Authority

Date: Nov 25, 1998

Establishing Proximate Cause in Landlord Liability: BURGOS v. AQUEDUCT REALTY CORP. & Gomez v. NYC Housing Authority Introduction The landmark decision in BURGOS v. AQUEDUCT REALTY CORP. and Gomez v....

Affirming Landlord Immunity in Negligence Claims: Fundisha Price v. NYC Housing Authority

Date: Nov 25, 1998

Affirming Landlord Immunity in Negligence Claims: Fundisha Price v. NYC Housing Authority Introduction Fundisha Price v. New York City Housing Authority is a seminal case decided by the Court of...

No Waiver of Speedy Trial Rights Under IAD by Mere Concurrence in Trial Date

Date: Nov 19, 1998

No Waiver of Speedy Trial Rights Under IAD by Mere Concurrence in Trial Date Introduction The People c. Michael Hill (92 N.Y.2d 406) is a landmark case adjudicated by the Court of Appeals of the...

Class Certification Denied in Tobacco Fraud Case: Analysis of Phyllis Small et al. v. Lorillard Tobacco Co.

Date: Oct 28, 1998

Class Certification Denied in Tobacco Fraud Case: Analysis of Phyllis Small et al. v. Lorillard Tobacco Co. Introduction The case of Phyllis Small et al. v. Lorillard Tobacco Co., reported under (252...

Manufacturer Liability Under Failure-to-Warn Theory Despite Substantial Modification Defense

Date: Sep 1, 1998

Manufacturer Liability Under Failure-to-Warn Theory Despite Substantial Modification Defense Introduction The case of Luis Liriano v. Hobart Corporation, decided by the Court of Appeals of the State...

Tortious Interference with Contract in Corporate Settings: Analysis of Hoag v. Chancellor, Inc.

Date: Aug 21, 1998

Tortious Interference with Contract in Corporate Settings: Analysis of Hoag v. Chancellor, Inc. Introduction The case of JAY HOAG et al. v. CHANCELLOR, INC., et al. (246 A.D.2d 224) adjudicated by...

Gateway 2000 v. Brower: Arbitration Clauses Enforceable with Exceptions for Unconscionable Costs and Procedures

Date: Aug 14, 1998

Gateway 2000 v. Brower: Arbitration Clauses Enforceable with Exceptions for Unconscionable Costs and Procedures Introduction The case of Tony Brower et al. v. Gateway 2000, Inc. serves as a pivotal...

Remand Affirms Jury's Authority in Evaluating Serious Injury Claims under Insurance Law § 5102(d): Noble v. Ackerman

Date: Jul 10, 1998

Remand Affirms Jury's Authority in Evaluating Serious Injury Claims under Insurance Law § 5102(d): Noble v. Ackerman Introduction In the appellate case of Carmelo Noble v. Calvin Ackerman, decided on...

Substantial Evidence Standard in Property Tax Assessment Challenges: FMC Corp. v. Unmack & South Slope Holding Corp. v. BOARD OF ASSESSMENT REVIEW

Date: Jul 8, 1998

Substantial Evidence Standard in Property Tax Assessment Challenges: FMC Corp. v. Unmack & South Slope Holding Corp. v. BOARD OF ASSESSMENT REVIEW Introduction The Court of Appeals of the State of...

Establishing the Necessity of Clear and Convincing Evidence in Witness Tampering Claims: People v. Richard Cotto

Date: Jul 2, 1998

Establishing the Necessity of Clear and Convincing Evidence in Witness Tampering Claims: People v. Richard Cotto Introduction People v. Richard Cotto (92 N.Y.2d 68) is a pivotal case decided by the...

Affirmation of CSSA's Three-Step Formula for Child Support in Shared Custody Cases: BAST v. ROSSOFF

Date: Jun 17, 1998

Affirmation of CSSA's Three-Step Formula for Child Support in Shared Custody Cases: BAST v. ROSSOFF Introduction BAST v. ROSSOFF (91 N.Y.2d 723), adjudicated by the Court of Appeals of the State of...

Murphy v. ERA United Realty: Establishing Liability for Aiding and Abetting Discriminatory Practices

Date: Jun 16, 1998

Murphy v. ERA United Realty: Establishing Liability for Aiding and Abetting Discriminatory Practices Introduction Murphy v. ERA United Realty et al. is a significant case decided by the Appellate...

Strict Enforcement of Contractual Notice and Reporting Provisions in Public Construction Contracts: A.H.A. General Construction, Inc. v. New York City Housing Authority

Date: Jun 12, 1998

Strict Enforcement of Contractual Notice and Reporting Provisions in Public Construction Contracts: A.H.A. General Construction, Inc. v. New York City Housing Authority Introduction The case of...

Reaffirming the Baldi Standard for Effective Assistance of Counsel under New York State Constitution

Date: Jun 12, 1998

Reaffirming the Baldi Standard for Effective Assistance of Counsel under New York State Constitution 1. Introduction In the landmark case of THE PEOPLE OF THE STATE OF NEW YORK v. NICHOLAS BENEVENTO,...

Waiver of the Right to Appeal and Double Jeopardy: Insights from The PEOPLE v. MUNIZ

Date: Jun 5, 1998

Waiver of the Right to Appeal and Double Jeopardy: Insights from The PEOPLE v. MUNIZ Introduction The PEOPLE v. MUNIZ (91 N.Y.2d 570), adjudicated by the Court of Appeals of the State of New York on...

Client's Right to Work Product Affirmed in SAGE Realty Corp. v. Proskauer Rose L.L.P.

Date: Jun 5, 1998

Client's Right to Work Product Affirmed in SAGE Realty Corp. v. Proskauer Rose L.L.P. Introduction SAGE Realty Corporation et al. v. Proskauer Rose L.L.P. is a pivotal case decided on June 4, 1998,...

Definiteness in Partnership Agreements and Limitations on Breach of Contract Claims: Insights from NON-LINEAR TRADING CO. v. BRADDIS ASSOCIATES

Date: Jun 3, 1998

Definiteness in Partnership Agreements and Limitations on Breach of Contract Claims: Insights from NON-LINEAR TRADING CO., Inc. v. BRADDIS ASSOCIATES, Inc. Introduction The case of Non-Linear Trading...

Service of Process upon Doormen and Receptionists: Establishing Suitability under CPLR 308(2)

Date: May 27, 1998

Service of Process upon Doormen and Receptionists: Establishing Suitability under CPLR 308(2) Introduction The case of Martin Charnin et al. v. David J. Cogan et al., decided by the Appellate...

Prospective Application of Workers' Compensation Amendments: MAJEWSKI v. BROADALBIN-PERTH CSD

Date: May 13, 1998

Prospective Application of Workers' Compensation Amendments: MAJEWSKI v. BROADALBIN-PERTH CSD Introduction Thomas MAJEWSKI v. BROADALBIN-PERTH Central School District, Third-Party Respondent,...

Disposition of Pre-Zygotes in Divorce: KASS v. KASS Establishes Enforcement of IVF Agreements

Date: May 8, 1998

Disposition of Pre-Zygotes in Divorce: KASS v. KASS Establishes Enforcement of IVF Agreements Introduction Maureen Kass v. Steven Kass is a landmark case adjudicated by the Court of Appeals of the...