New York Case Commentaries

Judicial Limitations on Imposing Sanctions for Frivolous Litigation: Lezak v. A.G. Ship Maintenance Corp.

Date: Dec 19, 1986

Judicial Limitations on Imposing Sanctions for Frivolous Litigation Introduction The case of In the Matter of A.G. Ship Maintenance Corp., Respondent, v. Lawrence Lezak, Appellant (69 N.Y.2d 1)...

Strict Foundations for Admissibility of Recorded Evidence: Ely v. People

Date: Dec 19, 1986

Strict Foundations for Admissibility of Recorded Evidence: Ely v. People, 68 N.Y.2d 520 Introduction Ely v. People is a pivotal case adjudicated by the Court of Appeals of the State of New York on...

Assumption of Risk in Professional Horse Racing: Insights from Turcotte v. NYRA

Date: Nov 26, 1986

Assumption of Risk in Professional Horse Racing: Insights from Turcotte v. NYRA Introduction The case Ronald J. Turcotte et al. v. Jeffrey Fell et al., and New York Racing Association, Inc. (68...

Clarification of Missing Witness Charge in People v. Gonzalez

Date: Nov 26, 1986

Clarification of Missing Witness Charge in People v. Gonzalez Introduction People v. Gonzalez, 68 N.Y.2d 424 (1986), adjudicated by the Court of Appeals of the State of New York, serves as a pivotal...

Clarifying Municipal Liability: General Obligations Law §9-103 Excludes Supervised Public Park Negligence Claims

Date: Nov 26, 1986

Clarifying Municipal Liability: General Obligations Law §9-103 Excludes Supervised Public Park Negligence Claims Introduction The case of Dean Ferres et al. v. City of New Rochelle, decided by the...

Limitations on Insurer's Subrogation Rights Against Its Own Insured: Analysis of Pennsylvania General Insurance Co. v. Austin Powder Co.

Date: Nov 26, 1986

Limitations on Insurer's Subrogation Rights Against Its Own Insured: Analysis of Pennsylvania General Insurance Co. v. Austin Powder Co. Introduction The case of Pennsylvania General Insurance...

Ensuring Specificity and Singular Accusation in Indictments: Insights from Keindl v. People

Date: Nov 21, 1986

Ensuring Specificity and Singular Accusation in Indictments: Insights from Keindl v. People Introduction Keindl v. People (68 N.Y.2d 410) is a landmark case adjudicated by the Court of Appeals of the...

Notice of Claim Requirements and Section 1983 Claims: Insights from 423 South Salina Street, Inc. v. City of Syracuse

Date: Nov 21, 1986

Notice of Claim Requirements and Section 1983 Claims: Insights from 423 South Salina Street, Inc. v. City of Syracuse Introduction The case of 423 South Salina Street, Inc. v. City of Syracuse,...

Affirmation of Preliminary Injunction Orders Does Not Constitute Final Determination under CPLR 6312(b)

Date: Nov 21, 1986

Affirmation of Preliminary Injunction Orders Does Not Constitute Final Determination under CPLR 6312(b) Introduction The case of J.A. Preston Corporation et al. v. Fabrication Enterprises, Inc. (68...

Defining 'Environment' Under SEQRA and CEQR: Implications for Community Character and Displacement in Environmental Impact Assessments

Date: Nov 19, 1986

Defining 'Environment' Under SEQRA and CEQR: Implications for Community Character and Displacement in Environmental Impact Assessments Introduction The case of Chinese Staff and Workers Association...

Maxton Builders Inc. v. Richard Lo Galbo et al.: Reinforcing Contractual Stability in Real Estate Transactions

Date: Nov 19, 1986

Maxton Builders Inc. v. Richard Lo Galbo et al.: Reinforcing Contractual Stability in Real Estate Transactions Introduction Maxton Builders, Inc. v. Richard Lo Galbo et al. is a landmark case decided...

Transactional Immunity and Grand Jury Testimony: The Rush v. Mordue Decision

Date: Nov 19, 1986

Transactional Immunity and Grand Jury Testimony: The Rush v. Mordue Decision Introduction In the landmark case In the Matter of ANTHONY RUSH, Respondent, v. NORMAN MORDUE, as County Court Judge for...

Defining Duty and Standard of Care for Radiologists in Medical Malpractice: Stark v. Alvarez

Date: Nov 12, 1986

Defining Duty and Standard of Care for Radiologists in Medical Malpractice: Stark v. Alvarez Introduction The case of Maria ALVAREZ v. PROSPECT HOSPITAL et al., Defendants, and Jesse D. Stark,...

Establishing Actual Fraud in Fraudulent Conveyance Cases: Insights from Marine Midland Bank v. Murkoff

Date: Nov 11, 1986

Establishing Actual Fraud in Fraudulent Conveyance Cases: Insights from Marine Midland Bank v. Murkoff Introduction The case of Marine Midland Bank, Appellant, v. Norman B. Murkoff et al.,...

Enhanced Probable Cause Standards for Obscenity Seizures Under New York Constitution

Date: Oct 29, 1986

Enhanced Probable Cause Standards for Obscenity Seizures Under New York Constitution Introduction The case of PEOPLE v. P.J. VIDEO, Inc. (68 N.Y.2d 296) represents a significant milestone in the...

Expressions of Pure Opinion in Labor Disputes Not Actionable: STEINHILBER v. ALPHONSE

Date: Oct 24, 1986

Expressions of Pure Opinion in Labor Disputes Not Actionable: STEINHILBER v. ALPHONSE Introduction STEINHILBER v. ALPHONSE, 68 N.Y.2d 283 (1986), is a landmark decision by the Court of Appeals of the...

Hicks v. The People: Legal Framework for Police Detention and Transportation under Reasonable Suspicion

Date: Oct 24, 1986

Hicks v. The People: Legal Framework for Police Detention and Transportation under Reasonable Suspicion Introduction Hicks v. The People is a landmark decision by the Court of Appeals of the State of...

Limits on Prosecutorial Resubmission of Grand Jury Cases: New York v. Curtis Wilkins

Date: Oct 22, 1986

Limits on Prosecutorial Resubmission of Grand Jury Cases: New York v. Curtis Wilkins Introduction New York v. Curtis Wilkins, 68 N.Y.2d 269 (1986), adjudicated by the Court of Appeals of the State of...

Ensuring Arbitration Integrity: Private Arbitrator Communications Without Consent Constitute Misconduct

Date: Oct 22, 1986

Ensuring Arbitration Integrity: Private Arbitrator Communications Without Consent Constitute Misconduct Introduction The case of Abraham Goldfinger v. Leo Lisker, decided by the Court of Appeals of...

Defining "Serious Injury" under New York Insurance Law: Lowe v. Bennett

Date: Aug 22, 1986

Defining "Serious Injury" under New York Insurance Law: Lowe v. Bennett Introduction The case of Carlton A. Lowe et al. v. David J. Bennett et al., decided on August 21, 1986, by the Appellate...