New York Case Commentaries

Establishment Clause Protection: Inmates Cannot Be Forced into Religious Programs for Correctional Benefits

Date: Jun 12, 1996

Establishment Clause Protection: Inmates Cannot Be Forced into Religious Programs for Correctional Benefits Introduction The case of David Griffin v. Thomas A. Coughlin III addresses the intersection...

Refinement of Batson Protocol in New York: Insights from PEOPLE v. PAYNE, Jones, and Lowery

Date: May 8, 1996

Refinement of Batson Protocol in New York: Insights from PEOPLE v. PAYNE, Jones, and Lowery Introduction The landmark 1996 decision by the Court of Appeals of the State of New York, The People of the...

Establishing Standing in Public Drug Search Cases: Insights from PEOPLE v. RAMIREZ-PORTOREAL et al.

Date: May 3, 1996

Establishing Standing in Public Drug Search Cases: Insights from PEOPLE v. RAMIREZ-PORTOREAL et al. Introduction In the landmark decision of PEOPLE v. RAMIREZ-PORTOREAL et al. (88 N.Y.2d 99, 1996),...

Reinstatement of Fraud Claims and Punitive Damages in Securities Transactions: Swersky v. Dreyer and Traub

Date: May 1, 1996

Reinstatement of Fraud Claims and Punitive Damages in Securities Transactions: Swersky v. Dreyer and Traub Introduction The appellate case of David M. Swersky et al. v. Dreyer and Traub et al.,...

Establishing Vested Rights in Zoning Permits and Municipal Liability under 42 U.S.C. § 1983: Insights from TOWN OF ORANGETOWN v. MAGEE

Date: May 1, 1996

Establishing Vested Rights in Zoning Permits and Municipal Liability under 42 U.S.C. § 1983: Insights from TOWN OF ORANGETOWN v. MAGEE Introduction The case of TOWN OF ORANGETOWN, Appellant, v. JOHN...

Enhanced Continuity of Possession in Adverse Possession Claims: Ray v. Beacon Hudson Mountain Corp.

Date: May 1, 1996

Enhanced Continuity of Possession in Adverse Possession Claims: Ray v. Beacon Hudson Mountain Corp. Introduction The case of Robert L. Ray et al. v. Beacon Hudson Mountain Corporation et al. (88...

Strengthening the Standards for Demand Futility in Shareholder Derivative Actions: Analysis of Marx v. Akers

Date: Apr 26, 1996

Strengthening the Standards for Demand Futility in Shareholder Derivative Actions: Analysis of Marx v. Akers Introduction The landmark case Marx v. Akers, decided by the Court of Appeals of the State...

Direct Employer Liability for High-Level Managerial Harassment: Father Belle Community Center v. NY State Division of Human Rights

Date: Apr 20, 1996

Direct Employer Liability for High-Level Managerial Harassment: Father Belle Community Center v. NY State Division of Human Rights Introduction The case of Father Belle Community Center et al. v. New...

Enhancing Due Process: Higher Proof Standards for Child Abuse Registries in Lee TT. v. Dowling & Joel P. v. Bane

Date: Apr 5, 1996

Enhancing Due Process: Higher Proof Standards for Child Abuse Registries in Lee TT. v. Dowling & Joel P. v. Bane Introduction The cases of Lee TT. v. Dowling and Joel P. v. Bane address the...

Enhancing Defendant Rights in Jury Selection: Insights from The PEOPLE v. ROMAN et al.

Date: Apr 3, 1996

Enhancing Defendant Rights in Jury Selection: Insights from The PEOPLE v. ROMAN et al. Introduction The landmark judgment in The People of the State of New York v. Julio Roman, et al. (88 N.Y.2d 18,...

Affirmation of Municipal Zoning Authority in Mining Use Regulation: Gernatt Asphalt Products, Inc. v. Town of Sardinia

Date: Mar 29, 1996

Affirmation of Municipal Zoning Authority in Mining Use Regulation: Gernatt Asphalt Products, Inc. v. Town of Sardinia, 87 N.Y.2d 668 (1996) Introduction The case of Gernatt Asphalt Products, Inc. v....

Concurrent Sentencing Mandated Under Penal Law §70.25(2): Insights from The People v. José Laureano

Date: Mar 27, 1996

Concurrent Sentencing Mandated Under Penal Law §70.25(2): Insights from The People v. José Laureano Introduction In the landmark case of The People of the State of New York v. José Laureano, the...

Tortious Interference and Qualified Privilege in Corporate Management: Insights from Foster v. Churchill

Date: Mar 27, 1996

Tortious Interference and Qualified Privilege in Corporate Management: Insights from Foster v. Churchill Introduction The case of Mark Foster et al. v. Richard H. Churchill, Jr. et al. (87 N.Y.2d...

Flexible Best Interests Analysis in Relocation Cases: Insight from Matter of Tropea and Browner

Date: Mar 27, 1996

Flexible Best Interests Analysis in Relocation Cases: Insight from MATTER OF TROPEA v. TROPEA and MATTER OF BROWNER v. KENWARD Introduction The cases of MATTER OF TROPEA v. TROPEA and MATTER OF...

Affirmation of Strict Criteria for Tortious Interference with Contractual Relations in NBT Bancorp Inc. v. Fleet/Norstar Financial Group

Date: Mar 27, 1996

Affirmation of Strict Criteria for Tortious Interference with Contractual Relations in NBT Bancorp Inc. v. Fleet/Norstar Financial Group Introduction The case of NBT Bancorp Inc. et al. v....

Insurer's Right to Intervention for Reimbursement in Medical Malpractice Settlements: TEICHMAN v. COMMUNITY HOSPital of Western Suffolk

Date: Feb 16, 1996

Insurer's Right to Intervention for Reimbursement in Medical Malpractice Settlements: TEICHMAN v. COMMUNITY HOSPital of Western Suffolk Introduction TEICHMAN v. COMMUNITY HOSPital of Western Suffolk...

Homeowner Exemption Under Labor Law §§ 240(1) and § 241(6) Applied to Mixed-Use Properties

Date: Feb 14, 1996

Homeowner Exemption Under Labor Law §§ 240(1) and § 241(6) Applied to Mixed-Use Properties Introduction The Court of Appeals of the State of New York, in the 1996 decision of BARTOO v. BUELL and...

Constructive Notice in Negligence: Raymond Mercer v. City of New York

Date: Jan 30, 1996

Constructive Notice in Negligence: Raymond Mercer v. City of New York 1. Introduction The case of Raymond Mercer et al. v. City of New York, decided by the Appellate Division of the Supreme Court of...

Consent and Verdict Sheet Annotations: Comprehensive Commentary on PEOPLE v. DAMIANO

Date: Jan 17, 1996

Consent and Verdict Sheet Annotations: Comprehensive Commentary on PEOPLE v. DAMIANO Introduction The People of the State of New York appealed against the conviction of Jeffrey Damiano for...

Strict Enforcement of Successive Prior Written Notices in Municipal Liability: Katz v. City of New York

Date: Dec 29, 1995

Strict Enforcement of Successive Prior Written Notices in Municipal Liability: Katz v. City of New York Introduction Alyce Katz v. City of New York is a seminal case decided by the Court of Appeals...