New York Case Commentaries

Affirmation of Limited Remedies for Minority Shareholders in Short-Form Mergers: Green et al. v. Santa Fe Industries, Inc.

Date: Sep 16, 1987

Affirmation of Limited Remedies for Minority Shareholders in Short-Form Mergers: Green et al. v. Santa Fe Industries, Inc. Introduction Green et al. v. Santa Fe Industries, Inc. is a pivotal case...

CPC International Inc. v. McKesson: Limits on Private Causes of Action under Martin Act and Securities Act, Upholding Common-Law Fraud Claims

Date: Sep 16, 1987

CPC International Inc. v. McKesson: Limits on Private Causes of Action under Martin Act and Securities Act, Upholding Common-Law Fraud Claims Introduction The case of CPC International Inc. v....

Criminal Contempt in Environmental Regulation Compliance: Central Hudson Gas & Electric Case

Date: Sep 9, 1987

Criminal Contempt in Environmental Regulation Compliance: Central Hudson Gas & Electric Case Introduction The case of In the Matter of the Department of Environmental Protection of the City of New...

Legality of Preemployment Drug Testing Reaffirmed with Adequate Notice in Dozier v. New York City

Date: Aug 11, 1987

Legality of Preemployment Drug Testing Reaffirmed with Adequate Notice in Dozier v. New York City Introduction Dozier v. New York City is a landmark case adjudicated by the Appellate Division of the...

Negligence Liability in Corrections and Educational Institutions: Insights from JACOB EISEMAN v. STATE OF NEW YORK

Date: Jul 10, 1987

Negligence Liability in Corrections and Educational Institutions: Insights from Jacob EISEMAN v. STATE of New York Introduction The case of Jacob Eiseman, Independent Administrator of the Estate of...

Forum Non Conveniens Upholds Delaware’s Primacy in Corporate Governance: Insights from Milledge v. General Motors

Date: Jun 26, 1987

Forum Non Conveniens Upholds Delaware’s Primacy in Corporate Governance: Insights from Milledge v. General Motors Introduction The case of Milledge A. Hart, III, Individually and on Behalf of All...

Establishing Jurisdictional Sufficiency in Misdemeanor Informations: Insights from People v. Alejandro

Date: Jun 12, 1987

Establishing Jurisdictional Sufficiency in Misdemeanor Informations: Insights from People v. Alejandro Introduction The case of The People of the State of New York v. Bridget Alejandro, decided by...

Protecting Against Discriminatory Employment Practices Based on Speculative Disabilities

Date: Jun 12, 1987

Protecting Against Discriminatory Employment Practices Based on Speculative Disabilities Introduction The case of Peter Granelle v. State Division of Human Rights represents a significant judicial...

Strict Adherence to SEQRA Timelines and Mandatory Cumulative Impact Analysis in Zoning Ordinances

Date: Jun 12, 1987

Strict Adherence to SEQRA Timelines and Mandatory Cumulative Impact Analysis in Zoning Ordinances Introduction The landmark case of Save the Pine Bush, Inc., et al. v. City of Albany et al. (70...

Strengthened Standards for Admitting Declarations Against Penal Interest in New York: Insights from Brensic v. The People of New York

Date: Jun 5, 1987

Strengthened Standards for Admitting Declarations Against Penal Interest in New York: Insights from Brensic v. The People of New York Introduction In the landmark judgment of The People of the State...

Establishing Coram Nobis as the Remedy for Ineffective Appellate Counsel: Analysis of THE PEOPLE OF THE STATE OF NEW YORK v. RICKEY L. BACHERT

Date: Jun 5, 1987

Establishing Coram Nobis as the Remedy for Ineffective Appellate Counsel: Analysis of The People of the State of New York v. Rickey L. Bachert Introduction The People of the State of New York v....

Selective Written Jury Instructions: Upholding Fair Trial Standards in New York

Date: Jun 3, 1987

Selective Written Jury Instructions: Upholding Fair Trial Standards in New York Introduction In the landmark decision of People v. Owens and People v. Boon, the Court of Appeals of New York addressed...

Enhanced Rights for Passengers in Constructive Possession Cases: PEOPLE v. MILLAN

Date: May 8, 1987

Enhanced Rights for Passengers in Constructive Possession Cases: PEOPLE v. MILLAN Introduction PEOPLE v. MILLAN, 69 N.Y.2d 514 (1987), is a landmark decision by the Court of Appeals of the State of...

Inconsistent Counts in Homicide Indictments: The People v. Gallagher

Date: May 8, 1987

Inconsistent Counts in Homicide Indictments: The People v. Gallagher Introduction The People of the State of New York appealed the conviction of Daniel Gallagher, a veteran New York City police...

Liability of Owner Out of Possession under NYC Administrative Code Affirmed in Guzman v. Haven Plaza

Date: May 6, 1987

Liability of Owner Out of Possession under NYC Administrative Code Affirmed in Guzman v. Haven Plaza 1. Introduction The case of Carmen Guzman v. Haven Plaza Housing Development Fund Company, Inc.,...

Advocate-Witness Disqualification Reevaluated: Analysis of S S Hotel Ventures Limited Partnership v. 777 S.H. Corp.

Date: May 1, 1987

Advocate-Witness Disqualification Reevaluated: Analysis of S S Hotel Ventures Limited Partnership v. 777 S.H. Corp. Introduction S S Hotel Ventures Limited Partnership v. 777 S.H. Corp. is a pivotal...

CPLR 205(a) Extends Grace Period in Article 78 Proceedings Despite Initial Filing Defects

Date: May 1, 1987

CPLR 205(a) Extends Grace Period in Article 78 Proceedings Despite Initial Filing Defects Introduction The case of Morris Investors, Inc. v. Commissioner of Finance of the City of New York,...

Enforceability of Correspondence as Binding Contracts and CPLR 3211 Procedural Requirements: Insights from Four Seasons Hotels Ltd. v. Vinnik

Date: Apr 29, 1987

Enforceability of Correspondence as Binding Contracts and CPLR 3211 Procedural Requirements: Insights from Four Seasons Hotels Ltd. v. Vinnik Introduction The legal dispute in Four Seasons Hotels...

Affirmation of Standing Requirements in Zoning Challenges: Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals

Date: Apr 29, 1987

Affirmation of Standing Requirements in Zoning Challenges: Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals Introduction The case of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals...

Strengthening Default Judgment Requirements: Insights from Joosten v. Gale

Date: Apr 29, 1987

Strengthening Default Judgment Requirements: Insights from Joosten v. Gale Introduction Joosten v. Gale, 129 A.D.2d 531 (Appellate Division of the Supreme Court of New York, First Department, 1987),...