New York Case Commentaries

Strict Enforcement of Notice of Claim Specificity under General Municipal Law §50-e: An Analysis of Caselli v. City of New York

Date: Jan 1, 1985

Strict Enforcement of Notice of Claim Specificity under General Municipal Law §50-e: An Analysis of Caselli v. City of New York Introduction Caselli v. City of New York, 105 A.D.2d 251 (Appellate...

New Precedent on Mandatory Judicial Retirement Age: Orest v. Maresca et al.

Date: Jan 1, 1985

Mandatory Judicial Retirement Age Upheld: Comprehensive Analysis of Orest v. Maresca et al. Introduction The case Orest v. Maresca et al., decided by the Court of Appeals of the State of New York on...

Reevaluating Seat Belt Liability and Third-Party Responsibility: A Comprehensive Analysis of Dimauro v. Metropolitan Suburban Bus Authority

Date: Jan 1, 1985

Reevaluating Seat Belt Liability and Third-Party Responsibility: A Comprehensive Analysis of Dimauro v. Metropolitan Suburban Bus Authority Introduction The legal landscape surrounding personal...

Strict Timing Requirements for Speedy Trial Motions under CPL 210.20

Date: Dec 28, 1984

Strict Timing Requirements for Speedy Trial Motions under CPL 210.20 Introduction The case of The People of the State of New York v. Patrick Lawrence, 64 N.Y.2d 200 (1984), adjudicated by the Court...

Affirmation of Insurer's Duty to Defend Under Broad Policy Coverage

Date: Dec 28, 1984

Affirmation of Insurer's Duty to Defend Under Broad Policy Coverage Introduction The case of Seaboard Surety Company v. The Gillette Company et al., decided by the Court of Appeals of the State of...

Strict Application of Notice of Pendency in Corporate Real Estate Transactions

Date: Dec 28, 1984

Strict Application of Notice of Pendency in Corporate Real Estate Transactions Introduction The case of 5303 REALTY CORP. v. O Y EQUITY CORP. et al. (64 N.Y.2d 313) adjudicated by the Court of...

Limits on Implied Contract Claims in Public Contracts: Analysis of Ismail Parsa v. State of New York

Date: Dec 28, 1984

Limits on Implied Contract Claims in Public Contracts: Analysis of Ismail Parsa v. State of New York Introduction Ismail Parsa v. State of New York, 64 N.Y.2d 143 (1984), is a pivotal case...

Enforcement of Open Court Settlement Stipulations and Apparent Authority: HALLOCK v. STATE of New York

Date: Dec 28, 1984

Enforcement of Open Court Settlement Stipulations and Apparent Authority: HALLOCK v. STATE of New York Introduction HALLOCK v. STATE of New York is a seminal case adjudicated by the Court of Appeals...

Clarifying the Scope of Privacy and Publicity Rights under New York Civil Rights Law §51: STEPHANO v. NEWS GROUP Publications

Date: Dec 21, 1984

Clarifying the Scope of Privacy and Publicity Rights under New York Civil Rights Law §51: STEPHANO v. NEWS GROUP Publications Introduction Tony Stephano, a professional model, filed a lawsuit against...

Justiciability and Executive Discretion in Workplace Safety Claims: New York State Inspection Employees v. Cuomo

Date: Dec 19, 1984

Justiciability and Executive Discretion in Workplace Safety Claims: New York State Inspection Employees v. Cuomo Introduction The case New York State Inspection, Security and Law Enforcement...

Alan Lupston Associates v. Northeast Plastics: Defining 'Transacting Business' Under New York's Long-Arm Jurisdiction

Date: Dec 15, 1984

Alan Lupston Associates v. Northeast Plastics: Defining 'Transacting Business' Under New York's Long-Arm Jurisdiction Introduction Alan Lupston Associates, Inc. v. Northeast Plastics, Inc. is a...

Limits on Hypothetical Questions to Expert Witnesses in Medical Malpractice Cases: O'Shea v. Sarro

Date: Dec 11, 1984

Limits on Hypothetical Questions to Expert Witnesses in Medical Malpractice Cases: O'Shea v. Sarro Introduction The case Margaret O'Shea v. Anthony J. Sarro, adjudicated by the Appellate Division of...

Alpert v. Williams St. Corp. (63 N.Y.2d 557): Defining Fiduciary Standards for Freeze-Out Mergers

Date: Nov 30, 1984

Alpert v. Williams St. Corp. (63 N.Y.2d 557): Defining Fiduciary Standards for Freeze-Out Mergers Introduction Alpert v. Williams St. Corp. is a pivotal case decided by the Court of Appeals of the...

Reaffirming the Distinction between 'Resident' and 'Domicile' under CPLR 202: Antone v. General Motors

Date: Nov 30, 1984

Reaffirming the Distinction between 'Resident' and 'Domicile' under CPLR 202: Antone v. General Motors Introduction In the landmark case of Samuel Antone v. General Motors Corporation, Buick Motor...

Judicial Dissolution of Close Corporations Under Section 1104-a BCL: The Kemp Beatley Case Analysis

Date: Nov 30, 1984

Judicial Dissolution of Close Corporations Under Section 1104-a BCL: The Kemp Beatley Case Analysis Introduction The case In the Matter of the Judicial Dissolution of Kemp Beatley, Inc. Seymour...

Restricting Trial Judges' Authority to Reassess Verdicts: Insights from People v. Carter

Date: Nov 28, 1984

Restricting Trial Judges' Authority to Reassess Verdicts: Insights from People v. Carter Introduction People v. Eugene Carter, 63 N.Y.2d 530 (1984), is a landmark decision by the Court of Appeals of...

Oral Franchise Agreements and the Statute of Frauds: Insights from D N Boening, Inc. v. Kirsch Beverages, Inc.

Date: Nov 21, 1984

Oral Franchise Agreements and the Statute of Frauds: Insights from D N Boening, Inc. v. Kirsch Beverages, Inc. Introduction The case of D N Boening, Inc. v. Kirsch Beverages, Inc., decided by the...

Municipal Liability for Negligent Omission of Traffic Controls: Alexander v. Eldred

Date: Nov 21, 1984

Municipal Liability for Negligent Omission of Traffic Controls: Alexander v. Eldred Introduction The case of Scott L. Alexander v. Frank D. Eldred et al., and City of Ithaca (63 N.Y.2d 460)...

Expanded Grounds for Juror Disqualification: People v. Torpey

Date: Nov 21, 1984

Expanded Grounds for Juror Disqualification: People v. Torpey Introduction People v. Torpey (63 N.Y.2d 361), decided by the Court of Appeals of the State of New York on November 20, 1984, marks a...

Constitutionality of DWI Checkpoints: Insights from THE PEOPLE OF THE STATE OF NEW YORK v. JOSEPH J. SCOTT

Date: Nov 21, 1984

Constitutionality of DWI Checkpoints: Insights from THE PEOPLE OF THE STATE OF NEW YORK v. JOSEPH J. SCOTT Introduction In the landmark case of THE PEOPLE OF THE STATE OF NEW YORK v. JOSEPH J. SCOTT...