New York Case Commentaries

Expansion of Indemnification and Contribution Claims under General Municipal Law § 205-a

Date: Jun 6, 1997

Expansion of Indemnification and Contribution Claims under General Municipal Law § 205-a Introduction The case of Frank P. Raquet et al. v. Carol Braun et al., and W.N.Y. Carpet Factory Outlet, Inc.,...

Establishing Visible Intoxication in Dram Shop Act Claims: Insights from ROMANO v. STANLEY

Date: Jun 2, 1997

Establishing Visible Intoxication in Dram Shop Act Claims: Insights from ROMANO v. STANLEY Introduction The case of Romano et al. v. Stanley, as Administrator of the Estate of Stanley, et al. (90...

Enforceability of Indemnification Agreements Amid Partial Negligence: Insights from Itri Brick Concrete Corp. v. Aetna Cas. Sur. Co. and STOTTLAR v. GINSBURG DEVELOPMENT CORP.

Date: May 14, 1997

Enforceability of Indemnification Agreements Amid Partial Negligence: Insights from Itri Brick Concrete Corp. v. Aetna Casualty Surety Company and STOTTLAR v. GINSBURG DEVELOPMENT CORP. Introduction...

Reaffirmation of the Inevitable Discovery Doctrine in Consent Searches

Date: May 14, 1997

Reaffirmation of the Inevitable Discovery Doctrine in Consent Searches Introduction In The People of the State of New York v. Leonardo Turriago (90 N.Y.2d 77), the Court of Appeals of the State of...

Clarifying the Credible Evidence Requirement in Disability Retirement Decisions: Meyer v Board of Trustees

Date: May 9, 1997

Clarifying the Credible Evidence Requirement in Disability Retirement Decisions: Meyer v Board of Trustees Introduction The case of Meyer v. Board of Trustees addresses pivotal issues surrounding the...

Strict Enforcement of Acknowledgment Requirements for Nuptial Agreements: MATISOFF v. DOBI

Date: May 9, 1997

Strict Enforcement of Acknowledgment Requirements for Nuptial Agreements: MATISOFF v. DOBI Introduction The case of Louise Matisoff v. Stephen Dobi (90 N.Y.2d 127) adjudicated by the Court of Appeals...

Saratoga Spa Bath, Inc. v. Beeche Systems Corp.: Interpretation of UCC Implied Warranties and Written Guarantees in Contractual Disputes

Date: May 9, 1997

Saratoga Spa Bath, Inc. v. Beeche Systems Corp.: Interpretation of UCC Implied Warranties and Written Guarantees in Contractual Disputes Introduction The case of Saratoga Spa Bath, Inc., Doing...

Breach of Fiduciary Duty and the Right to an Accounting in Limited Partnerships: Analysis of ELISABETH ADAM et al. v. CUTNER RATHKOPF et al.

Date: Apr 23, 1997

Breach of Fiduciary Duty and the Right to an Accounting in Limited Partnerships: Analysis of ELISABETH ADAM et al. v. CUTNER RATHKOPF et al. Introduction The case of ELISABETH ADAM et al. v. CUTNER...

Limitations of Collateral Estoppel in Educational Disciplinary Proceedings: Insights from Matter of Juan C. v. R.C. Cortines

Date: Apr 2, 1997

Limitations of Collateral Estoppel in Educational Disciplinary Proceedings: Insights from Matter of Juan C. v. R.C. Cortines Introduction The case of Matter of Juan C. v. R.C. Cortines (89 N.Y.2d...

Enforcement of Arbitration Clauses in Precedent Agreements Despite Subsequent Merger Clauses: Primex International Corp. v. Wal-Mart Stores, Inc.

Date: Mar 28, 1997

Enforcement of Arbitration Clauses in Precedent Agreements Despite Subsequent Merger Clauses: Primex International Corp. v. Wal-Mart Stores, Inc. Introduction The case of Primex International Corp.,...

Commencement-by-Filing Waiver: Insights from Matter of Mark Fry v. Village of Tarrytown

Date: Mar 28, 1997

Commencement-by-Filing Waiver: Insights from Matter of Mark Fry v. Village of Tarrytown Introduction The case of Mark Fry v. Village of Tarrytown, decided by the Court of Appeals of the State of New...

Defining 'Sudden and Accidental' in Pollution Exclusion Clauses: Insights from Northville Industries Corp. v. National Union Fire Ins. Co.

Date: Mar 26, 1997

Defining 'Sudden and Accidental' in Pollution Exclusion Clauses: Insights from Northville Industries Corp. v. National Union Fire Ins. Co. Introduction The case of Northville Industries Corporation...

Neglect to Prosecute under CPLR 3216: Insights from Baczkowski v. Collins Construction Co.

Date: Mar 21, 1997

Neglect to Prosecute under CPLR 3216: Insights from Baczkowski v. Collins Construction Co. Introduction Baczkowski v. Collins Construction Co. is a pivotal case decided by the Court of Appeals of the...

No Duty for Unforeseeable Accidents in Premises Liability: DI PONZIO v. RIORDAN & URC

Date: Mar 21, 1997

No Duty for Unforeseeable Accidents in Premises Liability: DI PONZIO v. RIORDAN & URC Introduction The case of Richard Di Ponzio et al., Appellants, v. Michael Riordan, Appellant, and United Refining...

Negligent Retention and Supervision in Religious Institutions: Insights from Kenneth R. et al. v. Roman Catholic Diocese of Brooklyn

Date: Mar 4, 1997

Negligent Retention and Supervision in Religious Institutions: Insights from Kenneth R. et al. v. Roman Catholic Diocese of Brooklyn Introduction The case of Kenneth R. et al. v. Roman Catholic...

Affirmation of Res Ipsa Loquitur in Medical Malpractice: KAMBAT v. ST. FRANCIS HOSPITAL

Date: Feb 14, 1997

Affirmation of Res Ipsa Loquitur in Medical Malpractice: KAMBAT v. ST. FRANCIS HOSPITAL Introduction The case of KAMBAT v. ST. FRANCIS HOSPITAL, decided by the Court of Appeals of the State of New...

Clarifying 'Discovery of Injury' in Toxic Tort Claims: Wetherill v. Eli Lilly Co.

Date: Feb 12, 1997

Clarifying 'Discovery of Injury' in Toxic Tort Claims: Wetherill v. Eli Lilly Co. Introduction The case of Wetherill v. Eli Lilly Company et al. adjudicated by the Court of Appeals of the State of...

Establishing Precedents in Aiding and Abetting Under Penal Law § 20.00: Analysis of THE PEOPLE OF THE STATE OF NEW YORK v. ROBERT M. MOTTER

Date: Jan 3, 1997

Establishing Precedents in Aiding and Abetting Under Penal Law § 20.00: Analysis of THE PEOPLE OF THE STATE OF NEW YORK v. ROBERT M. MOTTER Introduction THE PEOPLE OF THE STATE OF NEW YORK v. ROBERT...

Substantial Discontinuation Standard for Abandonment of Nonconforming Uses under NYC Zoning Resolution § 52-61

Date: Dec 21, 1996

Substantial Discontinuation Standard for Abandonment of Nonconforming Uses under NYC Zoning Resolution § 52-61 Introduction The case of In the Matter of TOYS "R" Us, a New York Limited Partnership,...

Ramirez v. People: Clarifying Consecutive Sentencing for Multiple Robberies

Date: Dec 21, 1996

Ramirez v. People: Clarifying Consecutive Sentencing for Multiple Robberies Introduction Case: The People of the State of New York v. Alex Ramirez, 89 N.Y.2d 444 (1996) Court: Court of Appeals of the...