New York Case Commentaries

Appellate Discretion in Setting Aside Jury Verdicts: Insights from Nicastro v. Park

Date: Nov 13, 1985

Appellate Discretion in Setting Aside Jury Verdicts: Insights from Nicastro v. Park Introduction The case of Dorothy Nicastro, Individually and as Administratrix of the Estate of Alexander Nicastro,...

Enforcing Unconditional Guarantees: The CITIBANK v. Plapinger Decision

Date: Oct 23, 1985

Enforcing Unconditional Guarantees: The CITIBANK v. Plapinger Decision Introduction The case of CITIBANK, N.A., et al. v. Allan R. Plapinger et al. is a seminal decision by the Court of Appeals of...

Cortlandt v. Axelrod: Refining Standards for Administrative Delays Under the New York State Administrative Procedure Act

Date: Oct 18, 1985

Cortlandt v. Axelrod: Refining Standards for Administrative Delays Under the New York State Administrative Procedure Act Introduction The case of Cortlandt Nursing Home v. Axelrod, decided by the...

Affirmation of Incidental Beneficiary Status Under CPLR 9802 in Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.

Date: Oct 16, 1985

Affirmation of Incidental Beneficiary Status Under CPLR 9802 in Fourth Ocean Putnam Corp. v. Interstate Wrecking Co. Introduction The case of Fourth Ocean Putnam Corp., Appellant, v. Interstate...

Aetna's Duty to Defend Drivers: Insights from Michael L. Colon v. Aetna Life and Casualty Insurance Company

Date: Oct 16, 1985

Aetna's Duty to Defend Drivers: Insights from Michael L. Colon v. Aetna Life and Casualty Insurance Company Introduction The case of Michael L. Colon v. Aetna Life and Casualty Insurance Company,...

Indemnification Bar in Product Liability for Manufacturers Enforcing Contractual Safety Obligations

Date: Oct 16, 1985

Indemnification Bar in Product Liability for Manufacturers Enforcing Contractual Safety Obligations Introduction The case of Hector Rosado v. Proctor Schwartz, Inc. serves as a pivotal decision in...

Substantial Evidence in Prison Disciplinary Proceedings: Insights from People v. Smith et al. (1985)

Date: Oct 16, 1985

Substantial Evidence in Prison Disciplinary Proceedings: Insights from People v. Smith et al. (1985) Introduction The Court of Appeals of the State of New York delivered a landmark judgment on...

Strict Products Liability Reinstated in Construction Defects Case

Date: Jul 26, 1985

Strict Products Liability Reinstated in Construction Defects Case Introduction The case of Trustees of Columbia University v. Mitchell/Giurgola Associates et al. (109 A.D.2d 449) adjudicated by the...

Absolute Liability Under Labor Law § 240(1): Insights from Zimmer v. Chemung County Performing Arts

Date: Jul 12, 1985

Absolute Liability Under Labor Law § 240(1): Insights from Zimmer v. Chemung County Performing Arts Introduction The case of Zimmer v. Chemung County Performing Arts, Inc. alongside Hunt v. Spitz...

Establishing Municipal Duty of Care in Police Protection Orders: SORICHETTI v. CITY OF NEW YORK

Date: Jul 10, 1985

Establishing Municipal Duty of Care in Police Protection Orders: SORICHETTI v. CITY OF NEW YORK Introduction The case of SORICHETTI v. CITY OF NEW YORK, adjudicated by the Court of Appeals of the...

Limitations on Collateral Estoppel in Concerted Action Liability: Kaufman v. Eli Lilly

Date: Jul 10, 1985

Limitations on Collateral Estoppel in Concerted Action Liability: Kaufman v. Eli Lilly Introduction The case of KAREN L. KAUFMAN vs. ELI LILLY AND COMPANY, et al. adjudicated by the Court of Appeals...

Clarifying Post-Conviction Relief Standards: An In-Depth Analysis of PEOPLE v. HARRIS

Date: Jul 9, 1985

Clarifying Post-Conviction Relief Standards: An In-Depth Analysis of PEOPLE v. HARRIS Introduction People of the State of New York v. Jean S. Harris (109 A.D.2d 351), adjudicated by the Appellate...

Forfeiture of the Right to be Present at Trial: Insights from People v. Sanchez et al. (65 N.Y.2d 436)

Date: Jul 6, 1985

Forfeiture of the Right to be Present at Trial: Insights from People v. Sanchez et al. (65 N.Y.2d 436) Introduction People v. Sanchez et al. is a landmark decision by the Court of Appeals of the...

Balancing Arbitration Agreements and Foreign Statutory Rights in International Employment: FaberGe International v. Felice Di Pino

Date: Jul 3, 1985

Balancing Arbitration Agreements and Foreign Statutory Rights in International Employment: FaberGe International v. Felice Di Pino Introduction The case FaberGe International, Inc. v. Felice Di Pino...

Establishing Priority of Excess Insurance Policies: Analysis of State Farm Fire and Casualty Co. v. Argeo LiMauro

Date: Jul 3, 1985

Establishing Priority of Excess Insurance Policies: Analysis of State Farm Fire and Casualty Co. v. Argeo LiMauro Introduction The case of State Farm Fire and Casualty Company v. Argeo LiMauro et...

Limitation of Accountant Liability to Third Parties Without Privity: Insights from Credit Alliance Corp. v. Andersen Co.

Date: Jul 3, 1985

Limitation of Accountant Liability to Third Parties Without Privity: Insights from Credit Alliance Corp. v. Andersen Co. Introduction The legal landscape governing the liability of accountants to...

Limiting Utility Liability in Common Area Injuries: Strauss v. Consolidated Edison Co.

Date: Jul 3, 1985

Limiting Utility Liability in Common Area Injuries: Strauss v. Consolidated Edison Co. Introduction Strauss v. Consolidated Edison Co. is a landmark case decided by the Court of Appeals of the State...

Separation Agreements Do Not Alter Tenancy by the Entirety: In the Matter of the Estate of Angela Violi

Date: Jul 3, 1985

Separation Agreements Do Not Alter Tenancy by the Entirety: In the Matter of the Estate of Angela Violi Introduction The case of In the Matter of the Estate of Angela Violi, Deceased, referenced as...

Equal Protection in Property Tax Assessment: Insights from Foss v. City of Rochester

Date: Jun 7, 1985

Equal Protection in Property Tax Assessment: Insights from Foss v. City of Rochester Introduction The legal landscape of property taxation often grapples with the balance between municipal autonomy...

Clarifying Assumption of Risk in Domestic Animal Liability: Arbegast v. Board of Education of South New Berlin

Date: Jun 7, 1985

Clarifying Assumption of Risk in Domestic Animal Liability: Arbegast v. Board of Education of South New Berlin Introduction In Arbegast v. Board of Education of South New Berlin Central School, 65...