New York Case Commentaries

GOODSTEIN CONSTRUCTION CORP. v. CITY OF NEW YORK: Limitation on Recovery of Anticipated Profits in Negotiation Agreements

Date: Nov 20, 1992

GOODSTEIN CONSTRUCTION CORP. v. CITY OF NEW YORK: Limitation on Recovery of Anticipated Profits in Negotiation Agreements Introduction In Goodstein Construction Corp., DIC-Underhill Industries and...

Allied Corporation v. Town of Camillus: Establishing Correct Valuation Method for Specialized Wastebed Properties

Date: Nov 19, 1992

Allied Corporation v. Town of Camillus: Establishing Correct Valuation Method for Specialized Wastebed Properties Introduction In Allied Corporation, Respondent, v. Town of Camillus et al.,...

Redefining 'Best Interest' in Foster Care Custody: Comprehensive Analysis of Michael B. v. Catholic Child Care Society

Date: Oct 30, 1992

Redefining 'Best Interest' in Foster Care Custody: Comprehensive Analysis of Michael B. v. Catholic Child Care Society Introduction The legal battle in In the MATTER OF MICHAEL B. Catholic Child Care...

Extending Absolute Liability Under Labor Law §240(1) to Site Work in Building Renovations

Date: Oct 30, 1992

Extending Absolute Liability Under Labor Law §240(1) to Site Work in Building Renovations Introduction The case of Micahiele Lombardi v. James Stout (80 N.Y.2d 290) presents a pivotal moment in New...

Waiver of Appeal Rights in Plea Bargains: Insights from People v. Callahan, Sutton, and DeSimone

Date: Oct 28, 1992

Waiver of Appeal Rights in Plea Bargains: Insights from People v. Callahan, Sutton, and DeSimone Introduction The landmark decision in People v. Callahan, Sutton, and DeSimone (80 N.Y.2d 273) by the...

Clarifying 'United in Interest' Under CPLR 203(b): Establishing Boundaries in Wrongful Death Claims

Date: Oct 23, 1992

Clarifying 'United in Interest' Under CPLR 203(b): Establishing Boundaries in Wrongful Death Claims Introduction The case of PETER MONDELLO, Individually and as Administrator of the Estates of DIANE...

Discoverability of Surveillance Films in Personal Injury Litigation: Insights from DiMichel v South Buffalo Railway Company

Date: Oct 21, 1992

Discoverability of Surveillance Films in Personal Injury Litigation: Insights from DiMichel v South Buffalo Railway Company Introduction The case of DiMICHEL v. SOUTH BUFFALO RAILWAY COMPANY along...

Chargeability of Prosecution Delays under CPL 30.30: Insights from PEOPLE v. CORTES and PEOPLE v. ZENON

Date: Oct 21, 1992

Chargeability of Prosecution Delays under CPL 30.30: Insights from PEOPLE v. CORTES and PEOPLE v. ZENON Introduction In the landmark cases of People of the State of New York v. Edwin Cortes and...

Enhanced Protection of Citizen Speech in Public Hearings under First and State Constitutions

Date: Oct 21, 1992

Enhanced Protection of Citizen Speech in Public Hearings under First and State Constitutions Introduction The case of 600 WEST 115TH STREET CORP. v. ROBERT VON GUTFELD, decided by the Court of...

Separation of Contracts and Barriers to Reformation in Interrelated Commercial Transactions: Analysis of Pahl Equipment Corp. v. Kassis

Date: Aug 14, 1992

Separation of Contracts and Barriers to Reformation in Interrelated Commercial Transactions: Analysis of Pahl Equipment Corp. v. Kassis Introduction The case of William P. Pahl Equipment Corp. et al....

Dismissal of Usury Defense in Mortgage Foreclosure: Seidel v. East 17th Street Owners

Date: Jul 3, 1992

Dismissal of Usury Defense in Mortgage Foreclosure: Seidel v. East 17th Street Owners Introduction Seidel et al. v. 18 East 17th Street Owners, Inc. et al. (79 N.Y.2d 735) is a pivotal case...

Defendant’s Right to Presence Affirmed in Sandoval Hearings: Dokes v. People

Date: Jun 12, 1992

Defendant’s Right to Presence Affirmed in Sandoval Hearings: Dokes v. People Introduction THE PEOPLE OF THE STATE OF NEW YORK v. ROGER DOKES, 79 N.Y.2d 656 (1992), represents a seminal case in New...

Intent in Omissions: Establishing Mens Rea in First Degree Manslaughter Without Medical Expertise

Date: Jun 12, 1992

Intent in Omissions: Establishing Mens Rea in First Degree Manslaughter Without Medical Expertise Introduction The case of The People of the State of New York v. Joel Steinberg (79 N.Y.2d 673) serves...

Defining the Boundaries of Vicarious Liability for Independent Contractors in Insurance Medical Examinations

Date: Jun 12, 1992

Defining the Boundaries of Vicarious Liability for Independent Contractors in Insurance Medical Examinations Introduction The case of Sylvia Rosenberg, Individually and as Administratrix of the...

Defining Gross Negligence and Exculpatory Clauses: Insights from Holmes Protection, Inc. v. 810 Associates

Date: May 13, 1992

Defining Gross Negligence and Exculpatory Clauses: Insights from Holmes Protection, Inc. v. 810 Associates Introduction Holmes Protection, Inc. v. 810 Associates is a landmark case adjudicated by the...

New Precedent on Cross-Examination of Defendants Regarding Pending Charges: People v. Bennett

Date: May 13, 1992

New Precedent on Cross-Examination of Defendants Regarding Pending Charges: People v. Bennett Introduction People v. Bennett (79 N.Y.2d 464) is a landmark decision by the Court of Appeals of the...

Confirmatory Identification Standards in Pretrial Procedures: An Analysis of The People of New York v. Felix Rodriguez

Date: May 8, 1992

Confirmatory Identification Standards in Pretrial Procedures: An Analysis of The People of New York v. Felix Rodriguez Introduction The People of the State of New York v. Felix Rodriguez (79 N.Y.2d...

State Law Cannot Unconstitutionally Impair Existing Contracts: Insights from 19th Street Associates v. State of New York

Date: May 8, 1992

State Law Cannot Unconstitutionally Impair Existing Contracts: Insights from 19th Street Associates v. State of New York Introduction The case of 19th Street Associates et al. v. State of New York et...

Reinsurers Must Demonstrate Prejudice for Late Notice Defense: Unigard v. North River

Date: May 6, 1992

Reinsurers Must Demonstrate Prejudice for Late Notice Defense: Unigard v. North River Introduction The case of Unigard Security Insurance Company, Inc. v. North River Insurance Company, decided by...

Elimination of Racial Discrimination in Peremptory Jury Challenges: Analysis of PEOPLE v. BOLLING and PEOPLE v. STEELE

Date: Apr 4, 1992

Elimination of Racial Discrimination in Peremptory Jury Challenges Analysis of PEOPLE v. BOLLING and PEOPLE v. STEELE Introduction The cases of The People of the State of New York v. Lawrence Bolling...