Expansive Interpretation of "Sale" Under NY Penal Law §220.00(1): The Starling Case Commentary Introduction The case of The People of the State of New York v. Jerry Starling, decided by the Court of...
Refinement of the Firefighter Rule and Reinstatement of General Municipal Law §205-a in Zanghi v. Niagara Frontier Transportation Commission Introduction The case of Zanghi v. Niagara Frontier...
Clear and Convincing Evidence Standard for Admitting Grand Jury Testimony in Witness Intimidation Cases Introduction The landmark case, THE PEOPLE OF THE STATE OF NEW YORK, v. SAMMY GERACI, Appellant...
Defamation by Implication: Armstrong v. Schuster Establishes New Standards in Libel Law Introduction The case of Michael F. Armstrong v. Simon Schuster, Inc., et al. (85 N.Y.2d 373) adjudicated by...
Police-Arranged Identification Procedures Mandate Wade Hearings: Insights from Dixon v. The People of New York Introduction Dixon v. The People of New York (85 N.Y.2d 218, 1995) is a landmark...
Federal Arbitration Act Upholds State Law Choice for Statute of Limitations in Arbitration: Analysis of Smith Barney and Merrill Lynch Decisions A Comprehensive Commentary on the Court of Appeals of...
Affirmation of Defendants' Right Without Police Obligation: Finnegan v. The People of New York Introduction Finnegan v. The People of New York is a landmark decision by the Court of Appeals of the...
Defining Deceptive Practices under General Business Law § 349: Insights from OSWEGO Laborers' Pension Fund v. Marine Midland Bank Introduction The case of Oswego Laborers' Local 214 Pension Fund et...
Recognition of Indirect Contributions in Equitable Distribution: HARTOG v. HARTOG Analysis Introduction Katherine Hartog v. Albert Hartog (85 N.Y.2d 36), decided by the Court of Appeals of the State...
Assessment of Confidential Informants' Reliability in Prison Disciplinary Proceedings: Jehan Abdur-Raheem v. Louis Mann Introduction The case Jehan Abdur-Raheem v. Louis Mann, adjudicated by the...
New Precedent on Rule-Making Authority within ECL Article 33: Title 3 and Title 7 Interplay in Pesticide Regulation Introduction The case Chemical Specialties Manufacturers Association et al. v....
Finality of Partial Judgments and the Limits of Implied Severance: BURKE v. CROSSON Introduction In the landmark case of WILLIAM J. BURKE et al. v. MATTHEW T. CROSSON, decided on February 9, 1995,...
Establishing the Standard for Discretionary Venue Changes Under CPLR 510(3): Insights from O'Brien v. Vassar Brothers Hospital Introduction The case of Deirdre A. O'Brien, Appellant, v. Vassar...
Unreasonable Seizure in Informational Vehicular Stops: PEOPLE v. SPENCER Introduction In The People of the State of New York v. Clive Spencer, the Court of Appeals of the State of New York addressed...
Strict Application of CPL 30.30 (4)(c): Defining Prosecutorial Due Diligence in People v. Fernando Luperon Introduction Case: The People of the State of New York, Respondent, v. Fernando Luperon,...
Reliance on Field Tests in Grand Jury Indictments: Insights from People v. Swamp (84 N.Y.2d 725, 1995) Introduction The case of The People of the State of New York v. Steven L. Swamp serves as a...
Affirming Mandatory Judgment in Nonpayment Evictions under RPAPL 732(3): Brusco v. Braun Introduction In the Matter of Nicola S. Brusco, Respondent, v. Richard F. Braun, as Civil Court Judge is a...
Receipt of Work Product as the Accrual Point for Statute of Limitations in Accounting Malpractice: ACKERMAN v. PRICE WATERHOUSE Introduction Ackerman et al. v. Price Waterhouse is a landmark case...
J. Schozer v. William Penn Life: Reaffirming the Best Evidence Rule's Flexibility for Secondary Evidence in Insurance Claims Introduction The case of Jacqueline Schozer v. William Penn Life Insurance...
Reckless Disregard Standard for Civil Liability Under Vehicle and Traffic Law §1104(e) Introduction The case of Vicky L. Saarinen v. Christopher A. Kerr and Village of Massena (84 N.Y.2d 494)...