New York Case Commentaries

Missouri Workers' Compensation Statute Prevails over New York Contribution Claims: A Comprehensive Legal Analysis

Date: Mar 26, 1993

Missouri Workers' Compensation Statute Prevails over New York Contribution Claims: A Comprehensive Legal Analysis Introduction The case of Dennis J. Cooney v. Osgood Machinery, Inc., adjudicated by...

Admissibility of Prompt Outcry and Prior Consistent Statements in Sexual Assault Cases: McDaniel v. People of New York

Date: Feb 26, 1993

Admissibility of Prompt Outcry and Prior Consistent Statements in Sexual Assault Cases: McDaniel v. People of New York Introduction The case of The People of the State of New York v. Lucius McDaniel...

Affirmation of Batson Standard in Jury Selection: The People v. Childress

Date: Feb 24, 1993

Affirmation of Batson Standard in Jury Selection: The People v. Childress Introduction The People of the State of New York v. Craig Childress, 81 N.Y.2d 263 (1993), is a pivotal decision by the Court...

Admissibility of Present Sense Impressions: Establishing New Precedent in New York

Date: Feb 19, 1993

Admissibility of Present Sense Impressions: Establishing New Precedent in New York Introduction In the landmark case of The People of the State of New York v. Michael Brown (80 N.Y.2d 729), decided...

Affirmation of Enhanced Sentences Under No-Arrest Plea Conditions: People v. Outley, Maietta, Ogtong

Date: Feb 17, 1993

Affirmation of Enhanced Sentences Under No-Arrest Plea Conditions: People v. Outley, Maietta, Ogtong (80 N.Y.2d 702) Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v. WILLIE OUTLEY,...

Galak v. The People of New York: Reinforcing Constitutional Standards for Vehicle Inventory Searches

Date: Feb 17, 1993

Galak v. The People of New York: Reinforcing Constitutional Standards for Vehicle Inventory Searches Introduction In the landmark case of Galak v. The People of New York, the Court of Appeals of the...

Reaffirming the 'Very Near' Standard for Attempted Criminal Possession in New York: PEOPLE v. ACOSTA

Date: Feb 17, 1993

Reaffirming the 'Very Near' Standard for Attempted Criminal Possession in New York: PEOPLE v. ACOSTA Introduction In the landmark case of The People of the State of New York v. Andre Acosta (80...

Continental Casualty Co. v. Rapid-American Corp.: Expanding Duty to Defend in Asbestos-Related Claims under CGL Policies

Date: Feb 12, 1993

Continental Casualty Co. v. Rapid-American Corp.: Expanding Duty to Defend in Asbestos-Related Claims under CGL Policies Introduction The case Continental Casualty Co. et al. v. Rapid-American...

Tierney v. Capricorn Investors: Enforcing Written Employment Agreements Over Oral Modifications

Date: Jan 15, 1993

Tierney v. Capricorn Investors: Enforcing Written Employment Agreements Over Oral Modifications 1. Introduction In Michael P. Tierney v. Capricorn Investors, L.P., et al., 189 A.D.2d 629 (Appellate...

Harmless Error Doctrine Affirmed in People v. D'Alessandro

Date: Dec 23, 1992

Harmless Error Doctrine Affirmed in People v. D'Alessandro Introduction People of the State of New York v. Giuseppe D'Alessandro is a landmark decision rendered by the Appellate Division of the...

Enhancing Procedural Fairness: The Rosario Disclosure Obligation in People v. Bienvenido Banch

Date: Dec 23, 1992

Enhancing Procedural Fairness: The Rosario Disclosure Obligation in People v. Bienvenido Banch Introduction People of the State of New York v. Bienvenido Banch (80 N.Y.2d 610), adjudicated by the...

Balancing Due Process and Informant Confidentiality in People v. Castillo

Date: Dec 23, 1992

Balancing Due Process and Informant Confidentiality in People v. Castillo (80 N.Y.2d 578) Introduction People v. Castillo is a landmark decision by the Court of Appeals of the State of New York,...

Implied Contractual Duty to Uphold Professional Ethics in Employment: Wider v. Skala

Date: Dec 23, 1992

Implied Contractual Duty to Uphold Professional Ethics in Employment: Wieder v. Skala Introduction Howard L. Wieder, a commercial litigation attorney, brought a lawsuit against his former employer, a...

Limitation of Punitive Damages in Executive Law § 297(9) Actions: Thoreson v. Penthouse International

Date: Dec 22, 1992

Limitation of Punitive Damages in Executive Law § 297(9) Actions: Thoreson v. Penthouse International Introduction The case Thoreson v. Penthouse International, Ltd., et al., decided by the Court of...

Defendant's Absence Permitted in Child-Witness Competency Hearings: Analysis of People v. Morales

Date: Dec 18, 1992

Defendant's Absence Permitted in Child-Witness Competency Hearings: Analysis of People v. Morales Introduction The case of The People of the State of New York v. Edwin Morales (80 N.Y.2d 450, 1992)...

Prospective Application of Antommarchi Rule: Impact on Jury Selection Procedures in New York State

Date: Dec 18, 1992

Prospective Application of Antommarchi Rule: Impact on Jury Selection Procedures in New York State Introduction The landmark decision in People of the State of New York v. Herbert Mitchell, et al....

Establishing Reasonable Suspicion Standards in Vehicle Stops: People v. May

Date: Dec 17, 1992

Establishing Reasonable Suspicion Standards in Vehicle Stops: People v. May Introduction The case of The People of the State of New York v. John May, adjudicated by the Court of Appeals of the State...

Expanding Eligibility under the Unjust Conviction and Imprisonment Act: Insights from Ivey v. State of New York

Date: Dec 17, 1992

Expanding Eligibility under the Unjust Conviction and Imprisonment Act: Insights from Ivey v. State of New York Introduction The case of J.L. Ivey, Jr. v. State of New York stands as a pivotal...

Qualified Privilege and the Boundary of Defamation: Insights from Liberman v. Gelstein

Date: Nov 25, 1992

Qualified Privilege and the Boundary of Defamation: Insights from Liberman v. Gelstein (80 N.Y.2d 429) Introduction The case of Barnet L. Liberman, Appellant, v. Leonard Gelstein, Respondent (80...

Establishing Third-Party Liability for Legal Professionals: Prudential Insurance Co. v. Gilmartin

Date: Nov 20, 1992

Establishing Third-Party Liability for Legal Professionals: Prudential Insurance Co. v. Gilmartin Introduction The case of Prudential Insurance Company of America v. Gilmartin (80 N.Y.2d 377) focuses...