New York Case Commentaries

Punitive Damages in Sexual Harassment Cases: Insights from Thoreson v. Penthouse International

Date: Apr 3, 1992

Punitive Damages in Sexual Harassment Cases: Insights from Thoreson v. Penthouse International Introduction The case of Marjorie L. Thoreson (also known as Anneka Dilorenzo) v. Penthouse...

Enhancing Privacy Protections: New York Court of Appeals Rejects Federal Open Fields Doctrine in PEOPLE v. SCOTT and PEOPLE v. KETA

Date: Apr 3, 1992

Enhancing Privacy Protections: New York Court of Appeals Rejects Federal Open Fields Doctrine in PEOPLE v. SCOTT and PEOPLE v. KETA Introduction In the landmark cases of People v. Guy F. Scott and...

Accessorial Liability and Constructive Possession in New York: Insights from People v. Manini and People v. Fuente

Date: Apr 1, 1992

Accessorial Liability and Constructive Possession in New York: Insights from People v. Manini and People v. Fuente Introduction In the landmark 1992 decisions of People v. Manini and People v....

Rastelli v. Goodyear: Defining the Boundaries of Concerted Action and Duty to Warn in Product Liability

Date: Apr 1, 1992

Rastelli v. Goodyear: Defining the Boundaries of Concerted Action and Duty to Warn in Product Liability Introduction Rastelli v. Goodyear Tire Rubber Company is a landmark 1992 decision by the Court...

Right to Jury Trial Affirmed in DES Market Share Litigation

Date: Apr 1, 1992

Right to Jury Trial Affirmed in DES Market Share Litigation Introduction The case In the Matter of DES Market Share Litigation (79 N.Y.2d 299) adjudicated by the Court of Appeals of the State of New...

Protected Expression in Defamation: McGill v. Parker Establishes Robust Standards

Date: Mar 25, 1992

Protected Expression in Defamation: McGill v. Parker Establishes Robust Standards Introduction The case of Gloria McGill et al. v. Peggy Parker et al. (179 A.D.2d 98), adjudicated by the Appellate...

Reaffirming the Primacy of Established Custodial Arrangements in Child Custody Decisions

Date: Mar 14, 1992

Reaffirming the Primacy of Established Custodial Arrangements in Child Custody Decisions Introduction The case of David v. Fox (177 A.D.2d 209) adjudicated by the Appellate Division of the Supreme...

Refining Personal Jurisdiction Standards for Nondomiciliaries in New York State Courts: Insights from Lancaster v. Colonial Motor Freight Line, Inc.

Date: Feb 26, 1992

Refining Personal Jurisdiction Standards for Nondomiciliaries in New York State Courts: Insights from Lancaster v. Colonial Motor Freight Line, Inc. Introduction The legal landscape governing...

Permissibility of In-Court Demonstrative Evidence: Insights from Harvey v. Assay Partners

Date: Feb 26, 1992

Permissibility of In-Court Demonstrative Evidence: Insights from Harvey v. Assay Partners Introduction Harvey v. Assay Partners et al. is a pivotal case decided by the Court of Appeals of the State...

Intentional Harm Exclusion in Homeowner's Insurance: Allstate Insurance Co. v. Mugavero

Date: Feb 21, 1992

Intentional Harm Exclusion in Homeowner's Insurance: Allstate Insurance Co. v. Mugavero Introduction Allstate Insurance Company v. Edward Mugavero et al. (79 N.Y.2d 153) is a pivotal case decided by...

Distinguishing Police Encounters: Information Requests vs. Common-Law Inquiries in People v. Hollman and People v. Saunders

Date: Feb 21, 1992

Distinguishing Police Encounters: Information Requests vs. Common-Law Inquiries in People v. Hollman and People v. Saunders Introduction The landmark decision in People v. Hollman and People v....

Legal Malpractice and Breach of Contract: Santulli v. Englert, Reilly McHugh, P.C. Establishes Extended Statute of Limitations for Contract Claims in Attorney-Client Relationships

Date: Jan 17, 1992

Legal Malpractice and Breach of Contract: Santulli v. Englert, Reilly McHugh, P.C. Establishes Extended Statute of Limitations for Contract Claims in Attorney-Client Relationships Introduction The...

Objective Standards for Justification Defense in Trespass Cases: People v. Craig et al.

Date: Dec 20, 1991

Objective Standards for Justification Defense in Trespass Cases: People v. Craig et al. Introduction People of the State of New York v. Marcia Craig et al., 78 N.Y.2d 616 (1991), serves as a pivotal...

Affirmation of Preliminary Plat Approval Timing Under Town Law §282: Long Island Pine Barrens Society v. Planning Board of Brookhaven

Date: Dec 19, 1991

Affirmation of Preliminary Plat Approval Timing Under Town Law §282: Long Island Pine Barrens Society v. Planning Board of Brookhaven Introduction In the landmark case of In the Matter of Long Island...

Balancing Probable Cause and Factual Disputes in False Arrest Claims: PARKIN v. CORNELL UNIVersity

Date: Nov 27, 1991

Balancing Probable Cause and Factual Disputes in False Arrest Claims: PARKIN v. CORNELL UNIVersity Introduction The case of Thomas A. Parkin et al., Appellants, v. Cornell University, Inc., et al.,...

Reinforcement of Missing Witness Charge Standards in People v. Lambert Kitching

Date: Nov 27, 1991

Reinforcement of Missing Witness Charge Standards in People v. Lambert Kitching Introduction People v. Lambert Kitching (78 N.Y.2d 532), adjudicated by the Court of Appeals of the State of New York...

Establishing the Starting Point for Prejudgment Interest in Bifurcated Personal Injury Actions

Date: Nov 27, 1991

Establishing the Starting Point for Prejudgment Interest in Bifurcated Personal Injury Actions Introduction In the landmark case of LEO B. LOVE, JR., et al. v. STATE OF NEW YORK, the Court of Appeals...

Grumman Aerospace Corporation v. Thompson: Defining Special Employee Status Through Employer Control

Date: Nov 26, 1991

Grumman Aerospace Corporation v. Thompson: Defining Special Employee Status Through Employer Control Introduction The case of Grumman Aerospace Corporation v. Thompson (78 N.Y.2d 553) represents a...

MASSIE v. CRAWFORD: Clarifying the Scope of the Continuous Treatment Doctrine in Medical Malpractice Claims

Date: Nov 26, 1991

MASSIE v. CRAWFORD: Clarifying the Scope of the Continuous Treatment Doctrine in Medical Malpractice Claims Introduction In the landmark case MASSIE v. CRAWFORD, the Court of Appeals of the State of...

Defining Occupational Hazards under Labor Law §240(1): Rocoovich v. Consolidated Edison Company

Date: Nov 26, 1991

Defining Occupational Hazards under Labor Law §240(1): Rocoovich v. Consolidated Edison Company Introduction The case of Donald Rocoovich v. Consolidated Edison Company addresses the application of...