New York Case Commentaries

Reinforcing Academic Discretion: Limits on Judicial Review in Academic Dismissal Cases

Date: Jun 15, 1990

Reinforcing Academic Discretion: Limits on Judicial Review in Academic Dismissal Cases Introduction The case In the Matter of Susan M. v. New York Law School (76 N.Y.2d 241) presents a pivotal moment...

Limiting Tort Liability of Service Providers in Commercial Lease Agreements: Insights from Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.

Date: Jun 13, 1990

Limiting Tort Liability of Service Providers in Commercial Lease Agreements: Insights from Eaves Brooks Costume Co. v. Y.B.H. Realty Corp. Introduction The case of Eaves Brooks Costume Company, Inc....

Clear Title Acquisition Despite Pending Appeal: Da Silva v. Sun Place Realty Corp.

Date: Jun 13, 1990

Clear Title Acquisition Despite Pending Appeal: Da Silva v. Sun Place Realty Corp. Introduction The case Leon Da Silva, Respondent, v. Antonio Musso et al., Defendants, and Sun Place Realty Corp.,...

Enforceability of Indemnification Clauses under General Obligations Law § 5-322.1

Date: Jun 8, 1990

Enforceability of Indemnification Clauses under General Obligations Law § 5-322.1 Introduction The case of Paul Brown et al. v. Two Exchange Plaza Partners and Others (76 N.Y.2d 172) adjudicated by...

Reaffirming Jury's Role in Determining Proximate Cause in Medical Malpractice: Windisch v. Weiman

Date: May 18, 1990

Reaffirming Jury's Role in Determining Proximate Cause in Medical Malpractice: Windisch v. Weiman Introduction The case of Nicholas C. Windisch et al. v. Clinton G. Weiman et al. (161 A.D.2d 433)...

Vilardi v. People: Upholding State Standards in Exculpatory Evidence Disclosure

Date: May 11, 1990

Vilardi v. People: Upholding State Standards in Exculpatory Evidence Disclosure Introduction In The People of the State of New York v. Antonio Vilardi (76 N.Y.2d 67, 1990), the Court of Appeals of...

McKenna v. People of New York: Enhancing Prosecutorial Accountability Under CPL 30.30

Date: May 9, 1990

McKenna v. People of New York: Enhancing Prosecutorial Accountability Under CPL 30.30 Introduction McKenna v. People of New York (76 N.Y.2d 59) is a pivotal decision by the Court of Appeals of the...

Negligent Attorneys Precluded from Offsetting Contingent Fees in Legal Malpractice Actions: Campagnola v. Mulholland et al.

Date: May 9, 1990

Negligent Attorneys Precluded from Offsetting Contingent Fees in Legal Malpractice Actions: Campagnola v. Mulholland et al. Introduction The case of Kathleen Campagnola et al. v. Mulholland, Minion...

Affirmation of Common-Law Indemnity Amidst Multiple Negligence Theories: Mas v. Two Bridges Associates and Otis Elevator Company

Date: May 4, 1990

Affirmation of Common-Law Indemnity Amidst Multiple Negligence Theories: Mas v. Two Bridges Associates and Otis Elevator Company Introduction The case of Teresa Mas et al. v. Two Bridges Associates,...

Admissibility of Collateral Evidence in Witness Credibility: Insights from BADR v. HOGAN

Date: May 2, 1990

Admissibility of Collateral Evidence in Witness Credibility: Insights from BADR v. HOGAN Introduction The case of Lydia Badr, Individually and as Mother and Natural Guardian of Dina Badr, an Infant...

Establishing Legal Malpractice Standards: Bernstein v. Oppenheim Co., P.C.

Date: Apr 18, 1990

Establishing Legal Malpractice Standards: Bernstein v. Oppenheim Co., P.C. Introduction Michael Bernstein v. Oppenheim Co., P.C., et al., decided on April 17, 1990, by the Appellate Division of the...

Business Judgment Rule Applied in Cooperative Board Disputes: Levandusky v. One Fifth Avenue Apartment Corp.

Date: Apr 6, 1990

Business Judgment Rule Applied in Cooperative Board Disputes: Levandusky v. One Fifth Avenue Apartment Corp. Introduction The case of Ronald Levandusky v. One Fifth Avenue Apartment Corp., decided by...

Vernice Akpan v. Koch: Upholding SEQRA's 'Hard Look' and Lead Agency Role

Date: Apr 6, 1990

Vernice Akpan v. Koch: Upholding SEQRA's 'Hard Look' and Lead Agency Role Introduction Vernice Akpan et al. v. Edward I. Koch, 75 N.Y.2d 561 (1990) is a pivotal case adjudicated by the Court of...

Defining Reliance in Express Warranty Breaches: NY Court's Landmark Decision in CBS Inc. v. Ziff-Davis Publishing Co.

Date: Apr 4, 1990

Defining Reliance in Express Warranty Breaches: NY Court's Landmark Decision in CBS Inc. v. Ziff-Davis Publishing Co. Introduction The case of CBS Inc. v. Ziff-Davis Publishing Co., decided by the...

Admissibility of Prompt Outcry Evidence in Identification-Only Cases: Analysis of People v. Rice

Date: Apr 4, 1990

Admissibility of Prompt Outcry Evidence in Identification-Only Cases: Analysis of People v. Rice Introduction People v. Rice (75 N.Y.2d 929, 1990) is a seminal case from the Court of Appeals of the...

Negligent Retention and Governmental Immunity: Insights from Yvonne HADDOCK v. CITY OF NEW YORK

Date: Mar 30, 1990

Negligent Retention and Governmental Immunity: Insights from Yvonne HADDOCK v. CITY OF NEW YORK Introduction The case of Yvonne HADDOCK v. CITY OF NEW YORK, decided by the Court of Appeals of the...

Prohibition of Racial Discrimination in Defense Peremptory Challenges Established in People v. Kern

Date: Mar 30, 1990

Prohibition of Racial Discrimination in Defense Peremptory Challenges Established in People v. Kern Introduction People of the State of New York v. Scott Kern, Jason Ladone, and Jon Lester (75 N.Y.2d...

Federal Insurance Co. v. Arthur Andersen Co.: Establishing Equitable Subrogation Rights for Partial Loss Payments

Date: Feb 23, 1990

Federal Insurance Co. v. Arthur Andersen Co.: Establishing Equitable Subrogation Rights for Partial Loss Payments Introduction Federal Insurance Company (hereafter "Federal Insurance" or "plaintiff")...

Neutral Basis for Peremptory Challenges Affirmed in Hernandez v. People

Date: Feb 23, 1990

Neutral Basis for Peremptory Challenges Affirmed in People v. Hernandez Introduction Case: The People of the State of New York v. Dionisio Hernandez (75 N.Y.2d 350) Court: Court of Appeals of the...

Enhancing Fair Trial Protections: Requiring Defense Counsel Presence During Voir Dire Hearings in Darby v. People of New York

Date: Feb 21, 1990

Enhancing Fair Trial Protections: Requiring Defense Counsel Presence During Voir Dire Hearings in Darby v. People of New York Introduction The case of The People of the State of New York v. John L....