New York Case Commentaries

Continental Insurance Company v. New York University: Establishing Limits on Punitive Damages and §349 Claims in Commercial Insurance Litigation

Date: Dec 28, 1995

Continental Insurance Company v. New York University: Establishing Limits on Punitive Damages and §349 Claims in Commercial Insurance Litigation Introduction Continental Insurance Company v. New York...

Relation Back Doctrine in New York: Mistake Suffices in Buran v. Coupal

Date: Dec 22, 1995

Relation Back Doctrine in New York: Mistake Suffices in Buran v. Coupal Introduction Robert T. Buran et al. v. John and Janet Coupal, decided by the Court of Appeals of the State of New York on...

Eliminating the 'Merger' Doctrine: Professional Licenses as Marital Property in McSPARRON v. McSPARRON

Date: Dec 8, 1995

Eliminating the 'Merger' Doctrine: Professional Licenses as Marital Property in McSPARRON v. McSPARRON Introduction McSPARRON v. McSPARRON, 87 N.Y.2d 275 (1995), is a seminal case decided by the...

Implied Covenant of Good Faith in Standardized Testing Contracts: ETS v. Dalton

Date: Dec 8, 1995

Implied Covenant of Good Faith in Standardized Testing Contracts: ETS v. Dalton Introduction PETER DALTON, as Parent and Natural Guardian of BRIAN M. DALTON, an Infant, Respondent, v. EDUCATIONAL...

Futility Exception in Exhaustion of Administrative Remedies: Lehigh Portland Cement Co. v. NY State DEC

Date: Dec 6, 1995

Futility Exception in Exhaustion of Administrative Remedies: Lehigh Portland Cement Co. v. New York State Department of Environmental Conservation Introduction Lehigh Portland Cement Company v. New...

Distinctive Scope of Strict Products Liability and Breach of Implied Warranty under New York Law: DENNY v. FORD MOTOR CO.

Date: Dec 6, 1995

Distinctive Scope of Strict Products Liability and Breach of Implied Warranty under New York Law: DENNY v. FORD MOTOR CO. Introduction Parties Involved: Nancy Denny et al. (Plaintiffs) vs. Ford Motor...

Timely Refilling in Juvenile Delinquency Proceedings: Insights from In the Matter of Robert O.

Date: Dec 6, 1995

Timely Refilling in Juvenile Delinquency Proceedings: Insights from In the Matter of Robert O. Introduction The case of Robert O. serves as a pivotal example in juvenile justice, addressing the...

Neglect Determination Based on Positive Toxicology: Insights from Nassau County DSS v. Denise J.

Date: Dec 1, 1995

Neglect Determination Based on Positive Toxicology: Insights from Nassau County DSS v. Denise J. Introduction The case of Nassau County Department of Social Services (DSS) v. Denise J. adjudicated by...

Strict Enforcement of Express Conditions Precedent in Sublease Agreements: Oppenheimer Co. v. Appel, Dixon Co.

Date: Dec 1, 1995

Strict Enforcement of Express Conditions Precedent in Sublease Agreements: Oppenheimer Co. v. Appel, Dixon Co. Introduction The case of Oppenheimer Co., Inc. v. Appel, Dixon Co. (86 N.Y.2d 685)...

Affirmation of Jury Instruction Standards in People v. Fields

Date: Nov 30, 1995

Affirmation of Jury Instruction Standards in People v. Fields Introduction People of the State of New York, Respondent, v. Nathaniel Fields, Appellant (87 N.Y.2d 821, 1995) is a seminal case...

Opinion vs. Defamation: Contextual Analysis in Brian v. Richardson

Date: Nov 30, 1995

Opinion vs. Defamation: Contextual Analysis in Brian v. Richardson Introduction The case Brian v. Richardson (87 N.Y.2d 46) is a pivotal defamation lawsuit adjudicated by the Court of Appeals of the...

Aggravated Harassment in the Second Degree: Establishing the Continuing Crime Doctrine

Date: Nov 3, 1995

Aggravated Harassment in the Second Degree: Establishing the Continuing Crime Doctrine Introduction In the landmark case The People of the State of New York v. Julian Shack, 86 N.Y.2d 529 (1995), the...

Strict Enforcement of Clear Lease Provisions: Wallace v. 600 Partners Co.

Date: Nov 3, 1995

Strict Enforcement of Clear Lease Provisions: Wallace v. 600 Partners Co. Introduction In the Matter of William F. Wallace et al., as Trustees under a Declaration of Trust Dated December 30, 1955, v....

Declaratory Judgment Accrual for Securities at Maturity: Vigilant Insurance Co. v. Housing Authority of El Paso

Date: Nov 2, 1995

Declaratory Judgment Accrual for Securities at Maturity: Vigilant Insurance Co. v. Housing Authority of El Paso Introduction In the landmark case Vigilant Insurance Company of America et al. v....

Defining Public School Liability for Independent Bus Services: Insights from Chainani and Bruce Cases

Date: Nov 2, 1995

Defining Public School Liability for Independent Bus Services: Insights from Chainani and Bruce Cases Introduction The cases of Chainani v. Board of Education and Bruce v. Hasbrouck address critical...

Implied Warranty of Habitability Limited to Essential Functions Under Real Property Law § 235-b

Date: Nov 1, 1995

Implied Warranty of Habitability Limited to Essential Functions Under Real Property Law § 235-b Introduction The case of SHELDON H. SOLOW, Doing Business as SOLOVIEFF GALLERY COMPANY, Respondent, v....

Admissibility of Present Sense Impressions: Insights from PEOPLE v. BUIE (86 N.Y.2d 501)

Date: Oct 27, 1995

Admissibility of Present Sense Impressions: Insights from PEOPLE v. BUIE (86 N.Y.2d 501) Introduction The case of The People of the State of New York v. Willie BuiE, adjudicated by the Court of...

Affirmation of At-Will Employment Principles in De Petris v. Union Settlement Association

Date: Oct 25, 1995

Affirmation of At-Will Employment Principles in De Petris v. Union Settlement Association Introduction The case Pasquale De Petris v. Union Settlement Association, Inc., decided by the Court of...

PEOPLE v. FORD: Affirming No Judicial Duty to Inform Defendants of Deportation Risks Upon Guilty Plea

Date: Oct 25, 1995

PEOPLE v. FORD: Affirming No Judicial Duty to Inform Defendants of Deportation Risks Upon Guilty Plea Introduction In the landmark case of People of the State of New York v. Rudolph Ford, 86 N.Y.2d...

Sasso v. Osgood: Redefining Area Variance Standards under Town Law § 267-b(3)

Date: Oct 20, 1995

Sasso v. Osgood: Redefining Area Variance Standards under Town Law § 267-b(3) Introduction Sasso v. Osgood is a landmark decision by the Court of Appeals of the State of New York that reinterprets...