New York Case Commentaries

Mandatory Disclosure of Witness Statements: Expanding the Rosario Doctrine

Date: Jun 5, 1985

Mandatory Disclosure of Witness Statements: Expanding the Rosario Doctrine Introduction In the landmark case of The People of the State of New York v. Angel Perez, decided on June 4, 1985, the Court...

Balancing Privacy and Press Freedom: Insights from Freihofer v. Hearst Corp.

Date: May 31, 1985

Balancing Privacy and Press Freedom: Insights from Freihofer v. Hearst Corp. Introduction The case of Wayne D. FREIHOFER v. HEARST CORPORATION, adjudicated by the Court of Appeals of the State of New...

Establishing the Threshold for 'Serious Injury' under New York's No-Fault Insurance Law: Zoldas v. Louise Cab Corp.

Date: May 24, 1985

Establishing the Threshold for 'Serious Injury' under New York's No-Fault Insurance Law: Zoldas v. Louise Cab Corp. Analysis Introduction Margie C. Zoldas, the respondent, appealed against Louise Cab...

Reliability of Victim Identification Procedures Upheld in THE PEOPLE v. Malphurs

Date: May 14, 1985

Reliability of Victim Identification Procedures Upheld in THE PEOPLE v. MALPHURS Introduction The People of the State of New York v. Mark Malphurs, 111 A.D.2d 266 (1985), is a significant appellate...

Termination of Parental Rights Due to Mental Retardation Without Separate Dispositional Hearing

Date: May 8, 1985

Termination of Parental Rights Due to Mental Retardation Without Separate Dispositional Hearing Introduction The case In the Matter of Joyce T.W. Burton Richardson et al. presented before the Court...

Clarification of Statute of Limitations for Hospital Medical Malpractice Claims: The Bleiler v. Bodnar Decision

Date: May 3, 1985

Clarification of Statute of Limitations for Hospital Medical Malpractice Claims: The Bleiler v. Bodnar Decision Introduction The case of James H. Bleiler, Sr. v. Roman Bodnar et al., Tioga General...

Equal Treatment of Protesters and Nonprotesters in Tax Refund Claims: Insights from CITY OF ROCHESTER v. ANGELO CHIARELLA

Date: May 3, 1985

Equal Treatment of Protesters and Nonprotesters in Tax Refund Claims: Insights from CITY OF ROCHESTER v. ANGELO CHIARELLA Introduction The case of City of Rochester, Appellant, v. Angelo Chiarella et...

New York Court Upholds New Jersey's Charitable Immunity in Torts: A Comprehensive Analysis of RICHARD E. SCHULTZ v. BOY SCOUTS OF AMERICA, INC.

Date: May 1, 1985

New York Court Upholds New Jersey's Charitable Immunity in Torts: A Comprehensive Analysis of Richard E. Schultz v. Boy Scouts of America, Inc. Introduction The case of Richard E. Schultz v. Boy...

Forfeiture of Appeal Rights Upon Guilty Plea in New York: The People v. Taylor

Date: May 1, 1985

Forfeiture of Appeal Rights Upon Guilty Plea in New York: The People v. Taylor Introduction The People of the State of New York v. Cullen Taylor (65 N.Y.2d 1), adjudicated by the Court of Appeals of...

Bertolo v. The People: Clarifying the Boundaries of the Right to Counsel in Noncustodial Interrogations

Date: May 1, 1985

Bertolo v. The People: Clarifying the Boundaries of the Right to Counsel in Noncustodial Interrogations Introduction Bertolo v. The People is a seminal case adjudicated by the Court of Appeals of the...

Establishing Privilege in Mental Health Confinement: Insights from MANUEL GONZALEZ v. STATE OF NEW YORK

Date: Apr 23, 1985

Establishing Privilege in Mental Health Confinement: Insights from Manuel Gonzalez v. State of New York Introduction The case of Manuel Gonzalez v. State of New York, adjudicated by the Appellate...

Rejection of Immunity Defense in Foster Care Negligence: Barnes v. County of Nassau

Date: Apr 16, 1985

Rejection of Immunity Defense in Foster Care Negligence: Barnes v. County of Nassau Introduction In the pivotal case of Barnes v. County of Nassau et al. (108 A.D.2d 50), the Appellate Division of...

Judicial Restraint in Academic Tenure Disputes: Analysis of Menard v. Goodgold

Date: Apr 5, 1985

Judicial Restraint in Academic Tenure Disputes: Analysis of Menard v. Goodgold Introduction The case of Menard M. Gertler v. Joseph Goodgold et al., 107 A.D.2d 481 (1985), adjudicated by the...

Burden of Proof on Insurers in Indemnification Disputes Established in Servidone Construction Corporation v. Security Insurance Company of Hartford

Date: Mar 27, 1985

Burden of Proof on Insurers in Indemnification Disputes Established in Servidone Construction Corporation v. Security Insurance Company of Hartford Introduction The case of Servidone Construction...

Affirming SEQRA Compliance: The 'Hard Look' Standard and Exhaustion of Remedies in Aldrich v. Pattison

Date: Mar 5, 1985

Affirming SEQRA Compliance: The 'Hard Look' Standard and Exhaustion of Remedies in Aldrich v. Pattison Introduction Aldrich et al. v. Pattison et al. (107 A.D.2d 258) is a significant appellate...

Prosecutorial Conduct and Fair Trial Standards: Analysis of People v. Roopchand

Date: Feb 20, 1985

Prosecutorial Conduct and Fair Trial Standards: Analysis of People v. Roopchand Introduction People of the State of New York v. Wilfred Roopchand, decided by the Appellate Division of the Supreme...

Reaffirming HESSEN v. HESSEN: Stricter Standards for Cruel and Inhuman Treatment in Long-Term Marriages

Date: Feb 15, 1985

Reaffirming HESSEN v. HESSEN: Stricter Standards for Cruel and Inhuman Treatment in Long-Term Marriages Introduction In the landmark case Edward Brady v. Dorothy Brady, 64 N.Y.2d 339 (1985), the...

Electing Litigation Over Arbitration: Sherrill v. Grayco Builders Establishes Critical Precedent

Date: Feb 13, 1985

Electing Litigation Over Arbitration: Sherrill v. Grayco Builders Establishes Critical Precedent Introduction The case of Richard Sherrill, Respondent, v. Grayco Builders, Inc., et al., Appellants...

Clarifying 'Ready for Trial' under CPL 30.30(1): Insights from People v. Kendzia

Date: Feb 13, 1985

Clarifying 'Ready for Trial' under CPL 30.30(1): Insights from People v. Kendzia Introduction The case The People of the State of New York, Appellant, v. Robert Kendzia and MacLeod's Prescription...

Recognizing Extreme Emotional Disturbance and Abuse as Mitigating Factors for Youthful Offender Adjudication in People v. Cruickshank

Date: Jan 18, 1985

Recognizing Extreme Emotional Disturbance and Abuse as Mitigating Factors for Youthful Offender Adjudication in People v. Cruickshank Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v....