New York Case Commentaries

CPLR 214-c(2) Bars Continuing Trespass and Nuisance Actions: A Landmark Decision in Toxic Tort Litigation

Date: Oct 22, 1993

CPLR 214-c(2) Bars Continuing Trespass and Nuisance Actions: A Landmark Decision in Toxic Tort Litigation Introduction The case of Eric C. Jensen et al. v. General Electric Company et al., decided on...

Retroactive Enforcement of Defendant's Right to Presence in Sandoval Hearings: A New Precedent in New York Jurisprudence

Date: Oct 20, 1993

Retroactive Enforcement of Defendant's Right to Presence in Sandoval Hearings: A New Precedent in New York Jurisprudence Introduction In the landmark case of The People of the State of New York v....

Limits on Piercing the Corporate Veil: Personal Liability of Non-Shareholders Requires Fraud or Wrongdoing

Date: Oct 20, 1993

Limits on Piercing the Corporate Veil: Personal Liability of Non-Shareholders Requires Fraud or Wrongdoing Introduction The case of In the Matter of Joseph Morris v. New York State Department of...

Establishing Fiduciary Duties in Finder Agreements: Northeast General Corp. v. Wellington Advertising Inc.

Date: Oct 15, 1993

Establishing Fiduciary Duties in Finder Agreements: Northeast General Corp. v. Wellington Advertising Inc. Introduction The case of Northeast General Corporation v. Wellington Advertising, Inc. (82...

Enhanced Prosecutorial Obligations: A New Precedent in Brady Violations

Date: Oct 13, 1993

Enhanced Prosecutorial Obligations: A New Precedent in Brady Violations Introduction In the landmark case of The People of the State of New York v. Gary Steadman and Raymond Blair (82 N.Y.2d 1),...

Novelty Not Required for Consideration in Contractual Agreements Involving Ideas

Date: Jul 9, 1993

Novelty Not Required for Consideration in Contractual Agreements Involving Ideas Introduction Robert C. Apfel et al. v. Prudential-Bache Securities Inc. (81 N.Y.2d 470) is a landmark case decided by...

Affirmation of Date of Injury as the Accrual Point for Statute of Limitations in Personal Injury Cases

Date: Jun 16, 1993

Affirmation of Date of Injury as the Accrual Point for Statute of Limitations in Personal Injury Cases Introduction The case Pauline M. Snyder et al. v. Town Insulation, Inc., et al. (81 N.Y.2d 429)...

Establishing Limits on Police Pursuit: The PEOPLE v. HOLMES Decision

Date: Jun 16, 1993

Establishing Limits on Police Pursuit: The PEOPLE v. HOLMES Decision Introduction The People of the State of New York v. David Holmes (81 N.Y.2d 1056), adjudicated by the Court of Appeals of the...

Defining the Scope of Labor Law §240(1) and §241(6): Insights from Ross v. Curtis-Palmer Hydro-Electric Co.

Date: Jun 11, 1993

Defining the Scope of Labor Law §240(1) and §241(6): Insights from Ross v. Curtis-Palmer Hydro-Electric Co. Introduction In the landmark case Ross v. Curtis-Palmer Hydro-Electric Company et al.,...

Tenure by Estoppel and the Ineffectiveness of Resignation: Analysis of Gould v. Board of Education

Date: Jun 11, 1993

Tenure by Estoppel and the Ineffectiveness of Resignation: Analysis of Gould v. Board of Education Introduction The landmark case In the Matter of Susan Gould, Appellant, v. Board of Education of the...

Statute of Limitations in Contract Breaches: Insights from Ely-Cruikshank Co. v. Bank of Montreal

Date: Jun 11, 1993

Statute of Limitations in Contract Breaches: Insights from Ely-Cruikshank Co. v. Bank of Montreal Introduction ELY-CRUIKSHANK CO., INC. v. BANK OF MONTREAL et al., 81 N.Y.2d 399 (1993), is a landmark...

Limitation on Subpoena Duces Tecum for Discovery in Juvenile Delinquency Proceedings: Terry D. Case Review

Date: Jun 11, 1993

Limitation on Subpoena Duces Tecum for Discovery in Juvenile Delinquency Proceedings: Terry D. Case Review Introduction The case In the Matter of TERRY D., decided by the Court of Appeals of the...

Voter Standing and Equitable Laches in Public Financing Challenges: Insights from SCHULZ v. STATE of New York

Date: May 12, 1993

Voter Standing and Equitable Laches in Public Financing Challenges: Insights from SCHULZ v. STATE of New York Introduction In SCHULZ v. STATE of New York (81 N.Y.2d 336), the Court of Appeals of the...

Establishing Foreseeability in Landlord Liability: Insights from Jacqueline S. v. City of New York

Date: May 7, 1993

Establishing Foreseeability in Landlord Liability: Insights from Jacqueline S. v. City of New York Introduction The case of Jacqueline S., an Infant, by Ludovina S., Her Mother and Natural Guardian,...

Attorneys' Nondelegable Duty in Process Service: Establishing Vicarious Liability for Independent Contractors

Date: May 5, 1993

Attorneys' Nondelegable Duty in Process Service: Establishing Vicarious Liability for Independent Contractors Introduction The case of Janet Kleeman v. Paul D. Rheingold et al. (81 N.Y.2d 270)...

Reaffirming New Jersey Law on Combined Un/Underinsured Motorist Coverage in Allstate Arbitration Case

Date: May 5, 1993

Reaffirming New Jersey Law on Combined Un/Underinsured Motorist Coverage in Allstate Arbitration Case Introduction The case of Allstate Insurance Company v. Kathleen Stolarz et al., adjudicated by...

Rejection of the "Plain Touch" Exception in Warrantless Searches: People v. Diaz

Date: Apr 9, 1993

Rejection of the "Plain Touch" Exception in Warrantless Searches: People v. Diaz Introduction People of the State of New York v. Robert Diaz (81 N.Y.2d 106) is a landmark decision by the Court of...

Establishing Municipal Liability in Police Use of Deadly Force: McCummings v. NYCT Authority

Date: Apr 6, 1993

Establishing Municipal Liability in Police Use of Deadly Force: McCummings v. NYCT Authority Introduction Bernard McCummings v. New York City Transit Authority, 81 N.Y.2d 923 (1993), is a pivotal...

Pamela J. Howell v. New York Post Co.: Establishing Boundaries for Privacy and Emotional Distress in Media Publications

Date: Apr 6, 1993

Pamela J. Howell v. New York Post Co.: Establishing Boundaries for Privacy and Emotional Distress in Media Publications Introduction The case of Pamela J. Howell et al. v. New York Post Company, Inc....

Accrual of Tortious Interference Claims: Kronos Inc. v. AVX Corporation

Date: Apr 2, 1993

Accrual of Tortious Interference Claims: Kronos Inc. v. AVX Corporation Introduction The case of Kronos, Inc., Formerly Known as NL Chemicals, Inc. v. AVX Corporation and TAM Ceramics, Inc....