New York Case Commentaries

Strict Interpretation of Speedy Trial Readiness in The People v. Niheem Chavis

Date: May 6, 1998

Strict Interpretation of Speedy Trial Readiness in The People v. Niheem Chavis Introduction The People v. Niheem Chavis (91 N.Y.2d 500) is a landmark case adjudicated by the Court of Appeals of the...

Defining "Altering" in Labor Law: Insights from Richard Joblon v. Solow and Avon Products

Date: May 1, 1998

Defining "Altering" in Labor Law: Insights from Richard Joblon v. Solow and Avon Products Introduction The case of Richard Joblon et al. v. Sheldon H. Solow and Avon Products, Inc. presents a pivotal...

Reaffirming Fiduciary Duties in Financial Negotiations: Wiener v. Lazard Freres Co.

Date: Apr 17, 1998

Reaffirming Fiduciary Duties in Financial Negotiations: Wiener v. Lazard Freres Co. Introduction In Wiener et al. v. Lazard Freres Co. et al. (241 A.D.2d 114), the Appellate Division of the Supreme...

Affirmation of the Antisubrogation Rule: Insurer's Prohibition from Suing Own Insured Under Excess Coverage

Date: Apr 17, 1998

Affirmation of the Antisubrogation Rule: Insurer's Prohibition from Suing Own Insured Under Excess Coverage Introduction The case of Jones Lang Wootton USA et al. v. LeBoeuf, LAMB, GREENE MacRAE et...

Finality of Agency Actions in CPLR Article 78 Proceedings: Essex County v. Zagata

Date: Apr 8, 1998

Finality of Agency Actions in CPLR Article 78 Proceedings: Essex County v. Zagata Introduction The case of Essex County et al., Appellants, v. Michael D. Zagata, as Commissioner of New York State...

People v. Stirrup: Clarifying the Commencement of the Speedy Trial Clock under CPL 30.30(5)(b)

Date: Apr 8, 1998

People v. Stirrup: Clarifying the Commencement of the Speedy Trial Clock under CPL 30.30(5)(b) Introduction The case of The People of the State of New York v. Roderick Stirrup, 91 N.Y.2d 434 (1998),...

Held v. Kaufman: Interpretation of CPLR 3211(e) and the Treatment of Fraud Claims in Motion to Dismiss

Date: Apr 8, 1998

Held v. Kaufman: Interpretation of CPLR 3211(e) and the Treatment of Fraud Claims in Motion to Dismiss Introduction The case of Herman Held, Appellant, v. Ivan Kaufman, et al., Respondents (91 N.Y.2d...

Exclusion of Currency from "Valuable Papers" in Safe Deposit Agreements: Uribe v. Merchants Bank

Date: Apr 1, 1998

Exclusion of Currency from "Valuable Papers" in Safe Deposit Agreements: Uribe v. Merchants Bank Introduction The case of Hernando Uribe et al. v. Merchants Bank of New York, decided by the Court of...

Nondelegable Safety Duties of General Contractors under Labor Law § 241(6): Insights from Rizzuto v. L.A. Wenger Contracting Co.

Date: Apr 1, 1998

Nondelegable Safety Duties of General Contractors under Labor Law § 241(6): Insights from Rizzuto v. L.A. Wenger Contracting Co. Introduction The case of John Rizzuto v. L.A. Wenger Contracting Co.,...

Cron v. Hargro Fabrics: Statute of Frauds and Employment Compensation Agreements

Date: Mar 27, 1998

Cron v. Hargro Fabrics: Statute of Frauds and Employment Compensation Agreements Introduction The case of Herbert CRON v. HARGRO FABRICS, INC., decided by the Court of Appeals of the State of New...

Permitting Late Claims Against a State Under Court of Claims Act §10(6): Implications for Sovereign Immunity and Bankruptcy Code

Date: Mar 13, 1998

Permitting Late Claims Against a State Under Court of Claims Act §10(6): Implications for Sovereign Immunity and Bankruptcy Code Introduction In the case of Charles Brewer, as Trustee for the...

Brushton-Moira Central School District v. Fred H. Thomas Associates: Establishing the Date of Breach for Damages and Prejudgment Interest in Contract Law

Date: Feb 20, 1998

Brushton-Moira Central School District v. Fred H. Thomas Associates: Establishing the Date of Breach for Damages and Prejudgment Interest in Contract Law Introduction The case of Brushton-Moira...

Right to Appeal Risk Level Determinations Under Megan's Law: Insights from PEOPLE v. STEVENS

Date: Feb 20, 1998

Right to Appeal Risk Level Determinations Under Megan's Law: Insights from PEOPLE v. STEVENS Introduction PEOPLE v. STEVENS, 91 N.Y.2d 270 (1998), is a landmark case decided by the Court of Appeals...

Reversing the Continuous Treatment Doctrine: Kathryn Young v. NYC Health Hospitals Corp.

Date: Feb 18, 1998

Reversing the Continuous Treatment Doctrine: Kathryn Young v. NYC Health Hospitals Corp. Introduction Kathryn Young v. New York City Health Hospitals Corporation et al., 91 N.Y.2d 291 (1998), is a...

Retroactive Application of CPLR 214(6) Rejected: Implications for Legal Malpractice Claims

Date: Jan 21, 1998

Retroactive Application of CPLR 214(6) Rejected: Implications for Legal Malpractice Claims Introduction The case of Saverio D. Ruffolo v. Garbarini Scher, P.C. (239 A.D.2d 8) adjudicated by the...

Dismissal of Third-Party Complaint Due to Spoliation: Kirkland v. NYC Housing Authority

Date: Dec 24, 1997

Dismissal of Third-Party Complaint Due to Spoliation: Kirkland v. NYC Housing Authority Introduction In the landmark case Kirkland et al. v. New York City Housing Authority et al., adjudicated by the...

Clarifying Insurer's Duty to Defend Under Product Hazards Exclusions: Frontier Insulation Contractors, Inc. v. Merchants Mutual Insurance Company

Date: Dec 23, 1997

Clarifying Insurer's Duty to Defend Under Product Hazards Exclusions Introduction The case of Frontier Insulation Contractors, Inc. v. Merchants Mutual Insurance Company et al. (91 N.Y.2d 169)...

Affirmation of Familial Succession Rights Based on Credible Testimonial Evidence in Rent Stabilization Cases

Date: Dec 17, 1997

Affirmation of Familial Succession Rights Based on Credible Testimonial Evidence in Rent Stabilization Cases Introduction The case of 300 East 34th Street Co. v. George Habeeb et al. (248 A.D.2d 50)...

Establishing the Boundaries of Investor Due Diligence: Insights from Stuart Silver Associates v. Baco Development Corp.

Date: Dec 12, 1997

Establishing the Boundaries of Investor Due Diligence: Insights from Stuart Silver Associates, Inc. v. Baco Development Corp. Introduction The case of Stuart Silver Associates, Inc. et al. v. Baco...

Permissible Prosecutorial Conduct in Credibility Challenges: The People v. Gary Overlee

Date: Dec 5, 1997

Permissible Prosecutorial Conduct in Credibility Challenges: The People v. Gary Overlee Introduction The People of the State of New York v. Gary Overlee (236 A.D.2d 133), adjudicated by the Appellate...