Allocation of Damages in Shareholders' Derivative Actions: The Ketek Electric Corporation Case Introduction The legal landscape governing shareholders' derivative actions is pivotal in maintaining...
Admissibility of DNA Identification Evidence under Frye: Comprehensive Analysis of People v. Castro Introduction People of the State of New York v. Joseph Castro, 144 Misc. 2d 956 (Sup. Ct., Bronx...
KIRCHER v. CITY OF JAMESTOWN: Affirming Municipal Immunity Without a Special Relationship Introduction The case of Deborah D. Kircher et al. v. City of Jamestown, decided on July 13, 1989, by the...
Limitation of Contractual Dispute Resolution Clauses in Public Works Contracts Introduction The case of Thomas Crimmens Contracting Co., Inc., and Cayuga Construction Co. v. City of New York et al....
Reaffirming Police Authority to Require Passengers to Exit Vehicles During Traffic Stops Introduction In the landmark case of The People of the State of New York v. Neville Robinson (74 N.Y.2d 773),...
Enhanced Privacy Protections in Vehicle Searches: PEOPLE v. TORRES Commentary Introduction Case: The People of the State of New York, v. Miguel Torres, Appellant. Citation: 74 N.Y.2d 224 Court: Court...
Enhancing Holder in Due Course Doctrine Under UCC: Analysis of Hartford Accident Indemnity Co. v. American Express Co., 74 N.Y.2d 153 Introduction The case of Hartford Accident Indemnity Company v....
Permanent Neglect and Termination of Parental Rights: Insights from the 1989 New York Court of Appeals Decision Introduction The 1989 decision by the Court of Appeals of the State of New York in In...
Expansive Interpretation of "Family" Granted Noneviction Protection in Rent-Controlled Tenancies Introduction Miguel BRASCHI v. STAHL ASSOCIATES COMPANY (74 N.Y.2d 201, 1989) is a seminal case...
Roldan v. Allstate Insurance: Tolling of Statute of Limitations and Non-Availability of Punitive Damages in Bad Faith Insurance Claims Introduction Roldan v. Allstate Insurance Company, 149 A.D.2d 20...
Intentional Discharges Excluded from CGL Coverage: Pollution Exclusion Enforced Introduction The legal landscape surrounding environmental liability and insurance coverage has been significantly...
Establishing Liability Through Subsequent Accidents: Insights from Daliendo v. Johnson Introduction The appellate case of LEE S. DALIENDO et al. v. NEAL F. JOHNSON et al., decided on June 26, 1989,...
Establishing Valid Service and Successive Notices of Pendency: Slutsky v. Blooming Grove Inn Introduction Leonard Slutsky brought forth an appeal against Blooming Grove Inn, Inc. in the Appellate...
Mahboubian v. People: Reinforcing Severance Rights in Joint Trials and Clarifying Criminal Attempt under NY Law Introduction In the landmark case of THE PEOPLE OF THE STATE OF NEW YORK v. HOUSHANG...
Enforcement of Waivers of the Right to Appeal in Plea and Sentence Bargains: Insights from People v. Seaberg Introduction The landmark decision in People of the State of New York v. Alan R. Seaberg,...
Clarifying the Automobile Exception: Insights from PEOPLE v. BLASICH Introduction The landmark case of People of the State of New York v. Harry Blasich, decided on June 13, 1989, by the Court of...
Duty of Care in High School Athletics: Benitez v. New York City Board of Education Introduction Sixto R. Benitez, a high school athlete, sustained a severe neck injury during a varsity football game,...
No Implied Private Right of Action for Civil Damages under Penal Law §260.20(4) Introduction The case of Margaret A. Sheehy et al. v. Big Flats Community Day, Inc., et al. addressed a significant...
Affirmation of Depraved Indifference Murder Conviction for Juvenile Offenders in New York: People v. Roe Introduction People of the State of New York v. Steven D. Roe is a landmark 1989 decision by...
Attorney-Client Privilege in Corporate Context: Dennis Rossi v. Blue Cross and Blue Shield of Greater New York Introduction The case of Dennis Rossi v. Blue Cross and Blue Shield of Greater New York,...