New York Case Commentaries

Rebuttable Presumption in Law Firm Disqualification: Insights from SoLow v. W.R. Grace Co.

Date: Mar 25, 1994

Rebuttable Presumption in Law Firm Disqualification: Insights from SoLow v. W.R. Grace Co. Introduction The legal landscape surrounding attorney and law firm disqualification is critical in...

Establishing Corroborative Evidence Standards in Accomplice Testimony: People v. Victor Breland

Date: Mar 23, 1994

Establishing Corroborative Evidence Standards in Accomplice Testimony: People v. Victor Breland Introduction People v. Victor Breland, 83 N.Y.2d 286 (1994), is a landmark decision by the Court of...

Prohibition of Special Nonrefundable Retainer Agreements: A New Precedent

Date: Mar 18, 1994

Prohibition of Special Nonrefundable Retainer Agreements: A New Precedent Introduction The case of In the Matter of Edward M. Cooperman addressed critical issues surrounding attorney fee agreements,...

Affirmative Defense Limitations in Depraved Mind Murder: Insights from The People v. Kamal Fardan

Date: Dec 22, 1993

Affirmative Defense Limitations in Depraved Mind Murder: Insights from The People v. Kamal Fardan Introduction The People of the State of New York v. Kamal Fardan, 82 N.Y.2d 638 (1993), is a seminal...

Affirmation of Voluntary Guilty Plea in Connected Plea Agreements: The Fiumefreddo Case

Date: Dec 17, 1993

Affirmation of Voluntary Guilty Plea in Connected Plea Agreements: The Fiumefreddo Case Introduction The case of The People of the State of New York v. Joan Fiumefreddo (82 N.Y.2d 536) is a landmark...

Eastern Railway Supply Inc. v. Albert Gordon: Expanding Owner Liability under Labor Law § 240(1)

Date: Dec 17, 1993

Eastern Railway Supply Inc. v. Albert Gordon: Expanding Owner Liability under Labor Law § 240(1) Introduction The case of Albert Gordon v. Eastern Railway Supply Inc., et al. (82 N.Y.2d 555)...

Mens Rea in Controlled Substance Possession: Knowledge of Weight Required

Date: Dec 17, 1993

Mens Rea in Controlled Substance Possession: Knowledge of Weight Required Introduction In the landmark case of The People of the State of New York v. Robert C. Ryan, the Court of Appeals of the State...

Balancing Public Trial Rights and Undercover Officer Safety: Insights from People v. Martinez and People v. Pearson

Date: Nov 24, 1993

Balancing Public Trial Rights and Undercover Officer Safety: Insights from People v. Martinez and People v. Pearson Introduction The cases of People v. Martinez and People v. Pearson adjudicated by...

Reversing Jury Instructions in Public Figure Defamation: Prozeralik v. Capital Cities Communications

Date: Nov 24, 1993

Reversing Jury Instructions in Public Figure Defamation: Prozeralik v. Capital Cities Communications Introduction The case of John Prozeralik v. Capital Cities Communications, Inc. (82 N.Y.2d 466) is...

Establishing Standards for Adequate Prescription Drug Warnings in New York Products Liability: The Cynthia J. Martin v. Chelsea Laboratories Decision

Date: Nov 24, 1993

Establishing Standards for Adequate Prescription Drug Warnings in New York Products Liability: The Cynthia J. Martin v. Chelsea Laboratories Decision Introduction The case of Cynthia J. Martin,...

Narrow Interpretation of Labor Law § 198(1-a): Limiting Attorney's Fees to Substantive Wage Claims

Date: Nov 24, 1993

Narrow Interpretation of Labor Law § 198(1-a): Limiting Attorney's Fees to Substantive Wage Claims Introduction The case Seymour GOTTLIEB v. KENNETH D. LAUB COMPANY, INC., 82 N.Y.2d 457 (1993),...

Clarifying Factual Sufficiency for Suppression Motions under CPL 710.60: Insights from PEOPLE v. MARTINEZ et al.

Date: Nov 23, 1993

Clarifying Factual Sufficiency for Suppression Motions under CPL 710.60: Insights from PEOPLE v. MARTINEZ et al. Introduction The landmark decision in People of the State of New York v. Rafael...

Affirming Damages for Lost Profits and Defining Trade Secrets in Ashland Management Inc. v. C. Christopher Janiens

Date: Nov 23, 1993

Affirming Damages for Lost Profits and Defining Trade Secrets in Ashland Management Inc. v. C. Christopher Janiens Introduction Ashland Management Incorporated v. C. Christopher Janiens is a pivotal...

Establishing the 'Gross Disregard' Standard in Insurance Bad Faith: Pavia v. State Farm

Date: Nov 19, 1993

Establishing the 'Gross Disregard' Standard in Insurance Bad Faith: Pavia v. State Farm Introduction The case of Pavia v. State Farm Mutual Automobile Insurance Company is a landmark decision by the...

Prosecutorial Discretion in Grand Jury Proceedings: The Mitchell Case

Date: Nov 19, 1993

Prosecutorial Discretion in Grand Jury Proceedings: The Mitchell Case Introduction The case of The People of the State of New York v. Patsy Mitchell (82 N.Y.2d 509) presents a pivotal examination of...

Invalidity of Forfeiture-for-Competition Provisions in Partnership Agreements: DENBURG v. PARKER CHAPIN FLATTAU KLIMPL

Date: Nov 19, 1993

Invalidity of Forfeiture-for-Competition Provisions in Partnership Agreements: DENBURG v. PARKER CHAPIN FLATTAU KLIMPL Introduction The legal landscape surrounding partnership agreements and...

Responsible Parental Custody in Child Abuse Cases: Insights from the Matter of Philip M. and Others

Date: Nov 17, 1993

Responsible Parental Custody in Child Abuse Cases: Insights from the Matter of Philip M. and Others Introduction The case titled In the Matter of Philip M. and Others, Children Alleged to be Abused...

Rejection of Preindemnification Doctrine and Affirmation of Antisubrogation Principles in Vicarious Liability Cases

Date: Nov 17, 1993

Rejection of Preindemnification Doctrine and Affirmation of Antisubrogation Principles in Vicarious Liability Cases Introduction The case of North Star Reinsurance Corporation v. Continental...

Assumption of Risk and Municipal Supervision Duties in Recreational Activities: A Comprehensive Commentary on HEARD v. CITY OF NEW YORK

Date: Oct 22, 1993

Assumption of Risk and Municipal Supervision Duties in Recreational Activities: A Comprehensive Commentary on HEARD v. CITY OF NEW YORK Introduction HEARD v. CITY OF NEW YORK, 82 N.Y.2d 66 (1993),...

GROSS v. NEW YORK TIMES CO.: Establishing Clear Boundaries Between Defamation and Protected Opinion

Date: Oct 22, 1993

GROSS v. NEW YORK TIMES CO.: Establishing Clear Boundaries Between Defamation and Protected Opinion Introduction GROSS v. NEW YORK TIMES CO. is a landmark case decided by the Court of Appeals of the...