New York Case Commentaries

Right to Compel Witness Testimony in Pretrial Identifications: Insights from People v. Jerome Chipp

Date: Feb 16, 1990

Right to Compel Witness Testimony in Pretrial Identifications: Insights from People v. Jerome Chipp Introduction People v. Jerome Chipp (75 N.Y.2d 327, 1990) is a landmark decision by the Court of...

Admissibility of Rape Trauma Syndrome Expert Testimony: Establishing New Precedents in People v Taylor and People v Banks

Date: Feb 14, 1990

Admissibility of Rape Trauma Syndrome Expert Testimony: Establishing New Precedents in People v Taylor and People v Banks Introduction The Court of Appeals of the State of New York, in its landmark...

Clarifying "Completion of Years of Service" for State Troopers Under Executive Law Former § 216-b

Date: Feb 2, 1990

Clarifying "Completion of Years of Service" for State Troopers Under Executive Law Former § 216-b Introduction In the appellate case Christopher D. Judd et al., Respondents, v. Thomas A. Constantine,...

Compulsory Arbitration under General Business Law § 198-a (k) Upheld: A Comprehensive Analysis

Date: Jan 19, 1990

Compulsory Arbitration under General Business Law § 198-a (k) Upheld: A Comprehensive Analysis 1. Introduction In the landmark case MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF THE UNITED STATES, INC.,...

New York Courts Affirm Public Policy Against Insurance Coverage for Punitive Damages in Out-of-State Judgments

Date: Jan 19, 1990

New York Courts Affirm Public Policy Against Insurance Coverage for Punitive Damages in Out-of-State Judgments Introduction The case of Home Insurance Company v. American Home Products Corporation et...

Revisiting Attorney-Client Privilege in the Context of Interpreters: Insights from People v. Osorio

Date: Dec 22, 1989

Revisiting Attorney-Client Privilege in the Context of Interpreters: Insights from People v. Osorio Introduction People v. Osorio, 75 N.Y.2d 80 (1989), adjudicated by the Court of Appeals of the...

Invalidation of Overbroad Harassment Statute: People v. Dietze

Date: Dec 20, 1989

Invalidation of Overbroad Harassment Statute: People v. Dietze Introduction The case of The People of the State of New York v. Jackie Dietze (75 N.Y.2d 47) adjudicated by the Court of Appeals of the...

Westbury v. Department of Transportation: Mandating Cumulative Impact Analysis under SEQRA

Date: Dec 20, 1989

Westbury v. Department of Transportation: Mandating Cumulative Impact Analysis under SEQRA Introduction In In the Matter of the Village of Westbury v. Department of Transportation of the State of New...

Clarifying Contractual Damages in Anticipatory Breach: American List Corp. v. U.S. News and World Report, Inc.

Date: Dec 20, 1989

Clarifying Contractual Damages in Anticipatory Breach: American List Corp. v. U.S. News and World Report, Inc. Introduction The case of American List Corporation v. U.S. News and World Report, Inc....

Weiner v. Doubleday: Upholding Investigative Standards in Defamation Law

Date: Dec 15, 1989

Weiner v. Doubleday: Upholding Investigative Standards in Defamation Law Introduction Weiner v. Doubleday is a landmark case decided by the Court of Appeals of the State of New York on December 14,...

Christina F. v. Gary F.: Corroboration of Child Testimony in Protective Proceedings

Date: Dec 1, 1989

Christina F. v. Gary F.: Corroboration of Child Testimony in Protective Proceedings Introduction In the MATTER OF CHRISTINA F. and Another, Children Alleged to be Abused. Gary F., Appellant. (74...

Foreseeability and Shared Liability in Pool Slide Injuries: Insights from Kriz v. Schum and DENKENSOHN v. DAVENPORT

Date: Dec 1, 1989

Foreseeability and Shared Liability in Pool Slide Injuries: Insights from Kriz v. Schum and DENKENSOHN v. DAVENPORT Introduction The cases of Kriz v. Schum and DENKENSOHN v. DAVENPORT represent...

Establishing the Standards for Police Identifications in Narcotics Operations: Analysis of THE PEOPLE OF THE STATE OF NEW YORK v. ANTHONY WHARTON

Date: Nov 29, 1989

Establishing the Standards for Police Identifications in Narcotics Operations: Analysis of The People of the State of New York v. Anthony Wharton (74 N.Y.2d 921) Introduction The People of the State...

Limited Scope of Whistleblower Protections under New York Labor Law § 740

Date: Nov 28, 1989

Limited Scope of Whistleblower Protections under New York Labor Law § 740 Introduction In the appellate case of Alma Leibowitz v. Bank Leumi Trust Company of New York et al., adjudicated by the...

Indemnity Clauses Limited to Third-Party Claims: Insights from Hooper Associates Ltd. v. AGS Computers Inc.

Date: Nov 22, 1989

Indemnity Clauses Limited to Third-Party Claims: Insights from Hooper Associates Ltd. v. AGS Computers Inc. Introduction The case of Hooper Associates, Ltd. v. AGS Computers, Inc. (74 N.Y.2d 487)...

Equivalence of Foreign Burglary Convictions Under Penal Law §70.06: Insights from PEOPLE v. MUNIZ

Date: Nov 22, 1989

Equivalence of Foreign Burglary Convictions Under Penal Law §70.06: Insights from PEOPLE v. MUNIZ Introduction In THE PEOPLE OF THE STATE OF NEW YORK v. ALBION MUNIZ, 74 N.Y.2d 464 (1989), the Court...

COBBLE HILL NURSING HOME v. HENRY AND WARREN Corp.: Affirming the Enforceability of Option Contracts with Regulated Price Terms

Date: Nov 22, 1989

COBBLE HILL NURSING HOME v. HENRY AND WARREN Corp.: Affirming the Enforceability of Option Contracts with Regulated Price Terms Introduction The case of COBBLE HILL NURSING HOME, INC., Appellant, v....

State Preemption of Local Transportation Impact Fees: Albany Area Builders Assoc. v. Town of Guilderland

Date: Oct 27, 1989

State Preemption of Local Transportation Impact Fees: Albany Area Builders Association et al. v. Town of Guilderland Introduction The case of Albany Area Builders Association et al. v. Town of...

Reconstruction of Sanction Provisions in CPLR 3406(a): Insights from TEWARI v. TSOUTSOURAS

Date: Oct 25, 1989

Reconstruction of Sanction Provisions in CPLR 3406(a): Insights from TEWARI v. TSOUTSOURAS Introduction The case of Phyillis Tewari, Indi v. Dually and as Administratrix of the Estate of Jennifer...

Intent at Entry: Establishing the Moment of Criminal Purpose in New York Third Degree Burglary

Date: Oct 25, 1989

Intent at Entry: Establishing the Moment of Criminal Purpose in New York Third Degree Burglary Introduction The case of The People of the State of New York v. Cornelius Gaines (74 N.Y.2d 358)...