New York Case Commentaries

State Landlord Liability for Dormitory Security: Madelyn Miller v. State of New York

Date: Jun 15, 1984

State Landlord Liability for Dormitory Security: Madelyn Miller v. State of New York Introduction Madelyn Miller v. State of New York, 62 N.Y.2d 506 (1984), is a pivotal case in New York...

Collateral Estoppel in Employment Litigation: Ryan v. New York Telephone Company

Date: Jun 15, 1984

Collateral Estoppel in Employment Litigation: Ryan v. New York Telephone Company 1. Introduction The case of Edward C. Ryan et al. v. New York Telephone Company et al. (62 N.Y.2d 494, 1984)...

Upholding Beneficiary Designations: Overcoming Undue Influence Claims in Summary Judgment

Date: Jun 13, 1984

Upholding Beneficiary Designations: Overcoming Undue Influence Claims in Summary Judgment Introduction The case of Mildred Poluliah v. Fidelity High Income Fund et al. adjudicated by the Appellate...

Enhanced Defamation Standards in Public Concern Cases: Gaeta v. New York News Inc.

Date: Jun 13, 1984

Enhanced Defamation Standards in Public Concern Cases: Gaeta v. New York News Inc. Introduction Gaeta v. New York News Inc. is a landmark case decided by the Court of Appeals of the State of New York...

Establishing Requirements for Damages and Malice in Tortious Interference and Libel Per Se Claims: A Comprehensive Analysis of NRT Metals, Inc. v. Laribee Wire, Inc.

Date: Jun 8, 1984

Establishing Requirements for Damages and Malice in Tortious Interference and Libel Per Se Claims: A Comprehensive Analysis of NRT Metals, Inc. v. Laribee Wire, Inc. Introduction The case of NRT...

Clarifying Contribution and Indemnification Under Section 15-108 General Obligations Law: County of Westchester v. Welton Becket Associates et al.

Date: May 30, 1984

Clarifying Contribution and Indemnification Under Section 15-108 General Obligations Law Introduction The case of County of Westchester, Appellant, v. Welton Becket Associates et al. is a pivotal...

Sequential Convictions Required for Persistent Violent Felony Offender Status – People v Morse et al.

Date: May 18, 1984

Sequential Convictions Required for Persistent Violent Felony Offender Status – People v Morse et al. Introduction In the landmark case of People of the State of New York v. James Morse et al.,...

Ensuring Indictment Validity: Prosecutor's Duty to Correct Defective Grand Jury Proceedings in Pelchat v. The People

Date: May 16, 1984

Ensuring Indictment Validity: Prosecutor's Duty to Correct Defective Grand Jury Proceedings in Pelchat v. The People Introduction In the landmark case of The People of the State of New York v. David...

Waiver of Claims Regarding Lesser Included Offense Submissions in Criminal Trials

Date: May 16, 1984

Waiver of Claims Regarding Lesser Included Offense Submissions in Criminal Trials Introduction In the landmark case of The People of the State of New York v. Raymond Ford, decided by the Court of...

Temporary and Lawful Possession Defense in Criminal Weapon Charges: Case Commentary on The People of the State of New York v. Juan Almodovar

Date: May 16, 1984

Temporary and Lawful Possession Defense in Criminal Weapon Charges: Case Commentary on The People of the State of New York v. Juan Almodovar Introduction The People of the State of New York v. Juan...

Affirmation of Quasi-in-Rem Jurisdiction in New York under CPLR Post-Shaffer: Banco Ambrosiano v. Artoc Bank Trust Limited

Date: May 11, 1984

Affirmation of Quasi-in-Rem Jurisdiction in New York under CPLR Post-Shaffer: Banco Ambrosiano v. Artoc Bank Trust Limited Introduction The case of BANCO AMBROSIANO, S.p.A. v. ARTOC BANK TRUST...

Preservation of FOIL Access Amidst Litigation: Farbman Sons, Inc. v. NYC Health and Hospitals Corp.

Date: May 11, 1984

Preservation of FOIL Access Amidst Litigation: Farbman Sons, Inc. v. NYC Health and Hospitals Corp. Introduction The case of M. Farbman Sons, Inc. v. New York City Health and Hospitals Corp. (62...

New Precedent on Predicate Felony Qualification from Out-of-State Convictions

Date: May 9, 1984

New Precedent on Predicate Felony Qualification from Out-of-State Convictions Introduction In the landmark case of The People of the State of New York v. Manuel Antonio Gonzalez, 61 N.Y.2d 586...

Probable Cause Established Without Undercover Officer Testimony: Insights from People v. Petralia

Date: May 9, 1984

Probable Cause Established Without Undercover Officer Testimony: Insights from People v. Petralia Introduction The case of The People of the State of New York v. Anthony Petralia (62 N.Y.2d 47)...

RPAPL 753 Subd 4: Establishing Tenant Protections in Residential Lease Breaches

Date: May 9, 1984

RPAPL 753 Subd 4: Establishing Tenant Protections in Residential Lease Breaches Introduction The landmark case Seymour C. POST v. 120 EAST END AVENUE CORPORATION (62 N.Y.2d 19) adjudicated by the...

Differentiating Exculpatory and Mitigating Defenses in Grand Jury Proceedings: Insights from People v. Valles

Date: May 9, 1984

Differentiating Exculpatory and Mitigating Defenses in Grand Jury Proceedings: Insights from People v. Valles Introduction People v. Valles (62 N.Y.2d 36) is a pivotal case adjudicated by the Court...

Interpretation of Exclusionary Clauses in Insurance Policies: Fagnani v. American Home Assurance Co.

Date: May 8, 1984

Interpretation of Exclusionary Clauses in Insurance Policies: Fagnani v. American Home Assurance Co. Introduction The case of Anthony Fagnani et al. v. American Home Assurance Company is a...

Contractual Liability for Subcontractor Misconduct in Public Construction Projects: Babylon Associates v. County of Suffolk

Date: May 1, 1984

Contractual Liability for Subcontractor Misconduct in Public Construction Projects: Babylon Associates v. County of Suffolk Introduction Case: Babylon Associates, a Joint Venture, Respondent, v....

Adoption of Income Approach for Cooperative Apartment Valuations under Real Property Tax Law §581

Date: May 1, 1984

Adoption of Income Approach for Cooperative Apartment Valuations under Real Property Tax Law §581 Introduction The case of In the Matter of River House-Bronxville, Respondent, v. John W. Gallaway, as...

Affirming State Authority Under Broad Definitions of Discharge in Clean Water Act

Date: Apr 27, 1984

Affirming State Authority Under Broad Definitions of Discharge in Clean Water Act Introduction In the landmark case of Power Authority of the State of New York v. Henry Williams, the Appellate...