New York Case Commentaries

Dermatossian v. NYC Transit Authority: Admissibility of No-Fault Benefits and Res Ipsa Loquitur Standards

Date: Mar 28, 1986

Dermatossian v. NYC Transit Authority: Admissibility of No-Fault Benefits and Res Ipsa Loquitur Standards Introduction Joseph Dermatossian and others filed a lawsuit against the New York City Transit...

Reaffirming Strict Standards for Dying Declarations and Excited Utterances: Commentary on Nieves v. People of New York

Date: Mar 26, 1986

Reaffirming Strict Standards for Dying Declarations and Excited Utterances: Commentary on Nieves v. People of New York Introduction Nieves v. People of New York is a pivotal 1986 decision by the...

Vicarious Liability in Medical Malpractice and the Impact of Release under GOL §15-108(a): Analysis of BIRDELL HILL v. ST. CLARE'S HOSPITAL

Date: Feb 20, 1986

Vicarious Liability in Medical Malpractice and the Impact of Release under GOL §15-108(a): Analysis of BIRDELL HILL v. ST. CLARE'S HOSPITAL Introduction The case of BIRDELL HILL et al. v. ST. CLARE'S...

Right to Confrontation in Witness Testimony: People v. Chin and Chan

Date: Feb 12, 1986

Right to Confrontation in Witness Testimony: People v. Chin and Chan Introduction The case of The People of the State of New York v. Billy Chin and Peter Chan (67 N.Y.2d 22) adjudicated by the Court...

Affirming NYSE Arbitration Provisions as Binding Agreements in Employment Disputes: A Commentary on McLaughlin v. Nolan, 114 A.D.2d 165

Date: Feb 4, 1986

Affirming NYSE Arbitration Provisions as Binding Agreements in Employment Disputes: A Commentary on McLaughlin v. Nolan, 114 A.D.2d 165 Introduction The case of McLaughlin, Piven, Vogel, Inc. v. W.J....

Chimart Associates v. David L. Paul: Reinforcing the Enforceability of Clear Contracts and Limiting Reformation Claims

Date: Jan 17, 1986

Chimart Associates v. David L. Paul: Reinforcing the Enforceability of Clear Contracts and Limiting Reformation Claims Introduction Chimart Associates v. David L. Paul is a seminal case decided by...

Defining Prosecutorial Readiness and Post-Readiness Delays under CPL 30.30: Insights from People v. Anderson et al. (1985)

Date: Dec 27, 1985

Defining Prosecutorial Readiness and Post-Readiness Delays under CPL 30.30: Insights from People v. Anderson et al. (1985) Introduction The landmark decision in People of the State of New York v....

Impact of Defendant-Initiated Delays on Prosecutorial Readiness: Insights from People v. Worley

Date: Dec 27, 1985

Impact of Defendant-Initiated Delays on Prosecutorial Readiness: Insights from People v. Worley Introduction People of the State of New York v. Howard Worley (66 N.Y.2d 523), decided by the Court of...

Relation Back Doctrine in Amended Third-Party Claims: Duffy v. Horton Memorial Hospital

Date: Dec 27, 1985

Relation Back Doctrine in Amended Third-Party Claims: Duffy v. Horton Memorial Hospital Introduction Duffy v. Horton Memorial Hospital is a pivotal case decided by the Court of Appeals of the State...

O'BRIEN v. O'BRIEN: Establishing Professional Licenses as Marital Property under New York Equitable Distribution Law

Date: Dec 27, 1985

O'BRIEN v. O'BRIEN: Establishing Professional Licenses as Marital Property under New York Equitable Distribution Law Introduction The case of Michael O'Brien v. Loretta O'Brien, decided on December...

Ensuring Consistency in Employee Classification: Analysis of CHARLES A. FIELD DELIVERY SERVICE, INC. v. Commissioner of Labor

Date: Dec 20, 1985

Ensuring Consistency in Employee Classification: Analysis of CHARLES A. FIELD DELIVERY SERVICE, INC. v. Commissioner of Labor Introduction The case of CHARLES A. FIELD DELIVERY SERVICE, INC. v....

Limits on Imposing Flip Taxes in Cooperative Apartment Corporations under NY Business Corporation Law § 501(c)

Date: Dec 20, 1985

Limits on Imposing Flip Taxes in Cooperative Apartment Corporations under NY Business Corporation Law § 501(c) Introduction The landmark decision in Fe Bland v. Two Trees Management Co. and 330 West...

Establishing Absolute Liability Under Labor Law § 240: Insights from BLAND v. MANOCHERIAN

Date: Dec 20, 1985

Establishing Absolute Liability Under Labor Law § 240: Insights from BLAND v. MANOCHERIAN Introduction The landmark case of Thomas Bland et al. v. Amir Manocherian et al., decided by the Court of...

Reaffirmation of Aguilar-Spinelli Standards and Rejection of Good-Faith Exception in New York Law

Date: Nov 27, 1985

Reaffirmation of Aguilar-Spinelli Standards and Rejection of Good-Faith Exception in New York Law Introduction The case of The People of the State of New York v. Richard James Bigelow, 66 N.Y.2d 417...

Reaffirmation of Aguilar-Spinelli Probable Cause Standards in Warrantless Arrests: People v. Johnson

Date: Nov 27, 1985

Reaffirmation of Aguilar-Spinelli Probable Cause Standards in Warrantless Arrests: People v. Johnson Introduction In the landmark case The People of the State of New York v. Melvin Johnson (66 N.Y.2d...

Exclusive Inference Rule for Circumstantial Evidence Established in People v. Ford

Date: Nov 27, 1985

Exclusive Inference Rule for Circumstantial Evidence Established in People v. Ford Introduction The case of The People of the State of New York v. Derwyn Ford, decided by the Court of Appeals of the...

Establishing the Threshold for Extreme Emotional Disturbance Defense: People v. Moye

Date: Nov 22, 1985

Establishing the Threshold for Extreme Emotional Disturbance Defense: People v. Moye Introduction The case of The People of the State of New York v. Willis Moïe, 66 N.Y.2d 887 (1985), represents a...

Implied Assumption of Risk in Professional Sports: Insights from Maddox v. City of New York

Date: Nov 22, 1985

Implied Assumption of Risk in Professional Sports: Insights from Maddox v. City of New York Introduction The case of Elliot Maddox et al. v. City of New York et al., decided by the Court of Appeals...

Enforceability of Broad Arbitration Clauses in Public Construction Contracts: Maross Construction, Inc. v. Central New York Regional Transportation Authority

Date: Nov 22, 1985

Enforceability of Broad Arbitration Clauses in Public Construction Contracts: Maross Construction, Inc. v. Central New York Regional Transportation Authority Introduction The case of Maross...

Defining the Extent of State Liability in Psychiatric Care: Schrempf v. New York

Date: Nov 20, 1985

Defining the Extent of State Liability in Psychiatric Care: Schrempf v. New York Introduction Case: FLORA A. SCHREMPF, as Executrix of ALBERT R. SCHREMPF, Deceased, v. STATE OF NEW YORK, Appellant....