New York Case Commentaries

Reaffirming the Objective Standard in Justification Defense: People v. Goetz

Date: Jul 9, 1986

Reaffirming the Objective Standard in Justification Defense: People v. Goetz Introduction People v. Goetz (68 N.Y.2d 96, 1986) is a landmark decision by the Court of Appeals of the State of New York...

GRUEN v. GRUEN: Establishing Validity of Inter Vivos Gifts with Reserved Life Estates

Date: Jul 9, 1986

GRUEN v. GRUEN: Establishing Validity of Inter Vivos Gifts with Reserved Life Estates Introduction The case of Michael S. Gruen v. Kemija Gruen, decided by the Court of Appeals of the State of New...

Non-Binding Effect of Workers' Compensation Determinations on Non-Participating Defendants

Date: Jul 4, 1986

Non-Binding Effect of Workers' Compensation Determinations on Non-Participating Defendants Introduction The case of Bernice Liss et al. v. Trans Auto Systems, Inc. et al. (68 N.Y.2d 15) adjudicated...

Affirmation of FOIL Access Over § 50-a Exemptions in Police Personnel Records

Date: Jul 4, 1986

Affirmation of FOIL Access Over § 50-a Exemptions in Police Personnel Records Introduction The case of Capital Newspapers Division of the Hearst Corporation et al. v. T. Garry Burns et al. addressed...

Right to Rebut Blood Alcohol Content Evidence Established in People v. Mertz

Date: Jul 4, 1986

Right to Rebut Blood Alcohol Content Evidence Established in The People v. Edward Mertz Introduction The People of the State of New York appealed the conviction of Edward Mertz for violating Vehicle...

Constructive Trusts in Marital Property: Establishing Equitable Ownership through Implied Promises and Unjust Enrichment - Palazzo v. Palazzo

Date: Jun 18, 1986

Constructive Trusts in Marital Property: Establishing Equitable Ownership through Implied Promises and Unjust Enrichment - Palazzo v. Palazzo Introduction PETER R. PALAZZO, Appellant-Respondent, v....

Dismissal of False Imprisonment Claims in Inmate 'Keeplock' Cases: Gittens v. State of New York

Date: Jun 17, 1986

Dismissal of False Imprisonment Claims in Inmate 'Keeplock' Cases: Gittens v. State of New York Introduction The case of Darius Gittens, Timothy Anderson, Jerome Adams, Vincent Lahey, and Carlos...

Right to Refuse Antipsychotic Medication Protected Under Due Process in Involuntary Commitment

Date: Jun 11, 1986

Right to Refuse Antipsychotic Medication Protected Under Due Process in Involuntary Commitment Introduction The case of Mark Rivers et al. v. Stephen Katz, as Commissioner of the New York State...

Clarifying the Role of Justification Defense in Depraved Indifference Murder: McManus v. The People

Date: Jun 11, 1986

Clarifying the Role of Justification Defense in Depraved Indifference Murder: McManus v. The People Introduction McManus v. The People (67 N.Y.2d 541) is a landmark decision by the Court of Appeals...

Ripeness Doctrine in Landmark Preservation: Insights from Church of St. Paul and St. Andrew v. Barwick

Date: Jun 6, 1986

Ripeness Doctrine in Landmark Preservation: Insights from Church of St. Paul and St. Andrew v. Barwick Introduction The case of Church of St. Paul and St. Andrew v. Kent L. Barwick et al. addresses...

Implied Consent to Mistrial and Its Implications in Double Jeopardy Protections: Analysis of People v. Ferguson, 67 N.Y.2d 383

Date: May 14, 1986

Implied Consent to Mistrial and Its Implications in Double Jeopardy Protections: Analysis of People v. Ferguson, 67 N.Y.2d 383 Introduction People of the State of New York v. Edward Ferguson, 67...

Unauthorized Attorney Appearances Do Not Confer Personal Jurisdiction – Coppotelli v. Skyline Agency

Date: May 13, 1986

Unauthorized Attorney Appearances Do Not Confer Personal Jurisdiction – Coppotelli v. Skyline Agency Introduction Skyline Agency, Inc. v. Ambrose Coppotelli, Inc., et al., and Frank Coppotelli is a...

Balancing Environmental Assessments and Urban Development: The Jackson et al. v. UDC Decision

Date: May 9, 1986

Balancing Environmental Assessments and Urban Development: The Jackson et al. v. UDC Decision Introduction The case of Fannie Mae Jackson et al., Appellants, v. New York State Urban Development...

Unconstitutional Warrantless Inspections in Vehicle Dismantling Operations: Analysis of PEOPLE v. BURGER

Date: May 9, 1986

Unconstitutional Warrantless Inspections in Vehicle Dismantling Operations: Analysis of People v. Burger Introduction People of the State of New York v. Joseph Burger (67 N.Y.2d 338), decided by the...

Reaffirmation of Exceptions to Exculpatory Clauses in Construction Contracts

Date: May 7, 1986

Reaffirmation of Exceptions to Exculpatory Clauses in Construction Contracts Introduction The case Corinno Civetta Construction Corp. v. City of New York alongside several related appeals, presents a...

Employer Liability for Punitive Damages: The Landmark Decision in Loughry v. Lincoln First Bank

Date: May 2, 1986

Employer Liability for Punitive Damages: The Landmark Decision in Loughry v. Lincoln First Bank Introduction The case of Kenneth H. Loughry v. Lincoln First Bank, N.A., decided by the Court of...

Establishing Liability for Unreasonable Delays in Highway Safety Improvements: Insights from Friedman v. State of New York

Date: May 2, 1986

Establishing Liability for Unreasonable Delays in Highway Safety Improvements: Insights from Friedman v. State of New York Introduction The landmark case Friedman v. State of New York, alongside...

Establishing the Three-Year Statute of Limitations for Insurer's Recoupment Actions Under New York's No-Fault Law

Date: Apr 4, 1986

Establishing the Three-Year Statute of Limitations for Insurer's Recoupment Actions Under New York's No-Fault Law Introduction The case of Aetna Life and Casualty Company v. Kenneth R. Nelson, Indi...

Relation Back of Replacement Indictments under CPL 30.30: Insights from People v. Sinistaj

Date: Apr 4, 1986

Relation Back of Replacement Indictments under CPL 30.30: Insights from People v. Sinistaj Introduction The case People of the State of New York v. Frank Sinistaj, 67 N.Y.2d 236 (1986), adjudicated...

Specific Performance Denied When Damages Are Adequate: Van Wagner Advertising Corp. v. S M Enterprises

Date: Apr 2, 1986

Specific Performance Denied When Damages Are Adequate: Van Wagner Advertising Corp. v. S M Enterprises Introduction Van Wagner Advertising Corp. v. S M Enterprises is a landmark case decided by the...