New York Case Commentaries

Reaffirming Entrapment Defense Standards Despite Defendant's Denial: Analyzing People v. Butts

Date: Dec 21, 1988

Reaffirming Entrapment Defense Standards Despite Defendant's Denial: Analyzing People v. Butts Introduction People v. Butts, 72 N.Y.2d 746 (1988), is a seminal case decided by the Court of Appeals of...

Sealing Protections Reinforced: Probation Department's Misuse of Sealed Records Affirmed in Alonzo M. v. NYC Department of Probation

Date: Dec 16, 1988

Sealing Protections Reinforced: Probation Department's Misuse of Sealed Records Affirmed in Alonzo M. v. NYC Department of Probation Introduction The case of Alonzo M. v. New York City Department of...

No Attempt to Commit Strict Liability Assault: Analyzing People v. Campbell

Date: Nov 30, 1988

No Attempt to Commit Strict Liability Assault: Analyzing People v. Campbell Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v. JAMES CAMPBELL, 72 N.Y.2d 602 (1988), adjudicated by the...

Reaffirming Indictment Consistency: Insights from People v. Grega and People v. Roberts

Date: Oct 26, 1988

Reaffirming Indictment Consistency: Insights from People v. Grega and People v. Roberts Introduction In the landmark decision People v. Grega and People v. Roberts (72 N.Y.2d 489), the Court of...

Empowering Child Protective Societies: Non-Attorney Representation Affirmed in New York

Date: Oct 21, 1988

Empowering Child Protective Societies: Non-Attorney Representation Affirmed in New York Introduction The case of Westchester County Society for the Prevention of Cruelty to Children v. NANCY L. et...

Establishing Forcible Compulsion Through Perceived Threats: Analysis of PEOPLE v. THOMPSON

Date: Oct 21, 1988

Establishing Forcible Compulsion Through Perceived Threats: Analysis of PEOPLE v. THOMPSON Introduction PEOPLE v. THOMPSON (72 N.Y.2d 410), adjudicated by the Court of Appeals of the State of New...

Defining Duty of Care for Service Station Operators: Insights from Balsam v. Exxon

Date: Aug 5, 1988

Defining Duty of Care for Service Station Operators: Insights from Balsam v. Exxon Introduction The case Rachel Balsam et al. v. Delma Engineering Corporation et al., adjudicated by the Appellate...

Presumption of Probable Cause in False Arrest Claims: GISONDI v. TOWN OF HARRISON

Date: Jul 13, 1988

Presumption of Probable Cause in False Arrest Claims: GISONDI v. TOWN OF HARRISON Introduction GISONDI v. TOWN OF HARRISON is a landmark decision by the Court of Appeals of the State of New York,...

Reevaluating Damages in Medical Malpractice Wrongful Death Cases: Insights from Stringile v. Rothman

Date: Jul 12, 1988

Reevaluating Damages in Medical Malpractice Wrongful Death Cases: Insights from Stringile v. Rothman Introduction The case of Gregoria Stringile, as Executrix of Thomas G. Stringile, Deceased, v....

Reversal of Collateral Estoppel Application in Administrative Consent Orders: Halyalkar v. Board of Regents

Date: Jul 8, 1988

Reversal of Collateral Estoppel Application in Administrative Consent Orders: Halyalkar v. Board of Regents Introduction The case of In the Matter of Dinanath S. Halyalkar, Appellant, v. Board of...

Enforcement of Quasi-Judicial Agency Decisions Through Issue Preclusion: Allied Chemical v. Niagara Mohawk Power Corp.

Date: Jul 8, 1988

Enforcement of Quasi-Judicial Agency Decisions Through Issue Preclusion: Allied Chemical v. Niagara Mohawk Power Corp. Introduction The case of Allied Chemical, an Operating Unit of Allied...

Collateral Estoppel and Administrative Proceedings: New Precedent in STAATSBURG WATER CO. v. STAATSBURG FIRE DISTrict

Date: Jul 8, 1988

Collateral Estoppel and Administrative Proceedings: New Precedent in STAATSBURG WATER CO. v. STAATSBURG FIRE DISTrict Introduction The legal landscape surrounding the applicability of collateral...

Affirmation of Incentive Zoning in Special Manhattan Bridge District: Rejection of Exclusionary Zoning Claims in Asian Americans for Equality v. Mayor Koch

Date: Jul 8, 1988

Affirmation of Incentive Zoning in Special Manhattan Bridge District: Rejection of Exclusionary Zoning Claims in Asian Americans for Equality v. Mayor Koch Introduction The case of Asian Americans...

Court of Appeals Rules on Article 78 Jurisdiction to Include Incidental Monetary Relief

Date: Jul 7, 1988

Court of Appeals Rules on Article 78 Jurisdiction to Include Incidental Monetary Relief Introduction The case of In the Matter of GEORGE GROSS, 72 N.Y.2d 231 (1988), addressed a pivotal question...

The People v. Collier: Affirming the Sufficiency of 12 Jurors Hearing Essential Evidence for Indictment

Date: Jul 7, 1988

The People v. Collier: Affirming the Sufficiency of 12 Jurors Hearing Essential Evidence for Indictment Introduction The People of the State of New York versus Carl Collier, adjudicated by the Court...

Factual Impossibility Negates Reckless Endangerment: New Precedent in People v. Paul Davis

Date: Jun 10, 1988

Factual Impossibility Negates Reckless Endangerment: New Precedent in People v. Paul Davis Introduction People v. Paul Davis is a landmark decision by the Court of Appeals of the State of New York,...

State Immunity for Quasi-Judicial Actions of Correctional Officers Established

Date: Jun 10, 1988

State Immunity for Quasi-Judicial Actions of Correctional Officers Established Introduction In the landmark decision of Jorge Arteaga, Appellant, v. State of New York, Respondent; Michael Treacy,...

Limitations on Defense's Use of Voice Exemplars in New York: Scarola and Merchant Cases

Date: Jun 8, 1988

Limitations on Defense's Use of Voice Exemplars in New York: Scarola and Merchant Cases Introduction The cases of The People of the State of New York v. Michael Scarola and The People of the State of...

Comprehensive Analysis of Wells v. Shearson Lehman/American Express: Establishing Clarity in Settlement Releases

Date: Jun 8, 1988

Comprehensive Analysis of Wells v. Shearson Lehman/American Express: Establishing Clarity in Settlement Releases Introduction The case of Rosalind S. Wells v. Shearson Lehman/American Express, Inc.,...

Preservation of Plea Allocution Challenges in Criminal Appeals: Insights from People v. Lopez

Date: Jun 3, 1988

Preservation of Plea Allocution Challenges in Criminal Appeals: Insights from People v. Lopez (71 N.Y.2d 662) Introduction People v. Lopez is a landmark decision by the Court of Appeals of the State...