New York Case Commentaries

Affirmation of CPLR 205(a) in Wrongful Death Actions: Yolanda Bernardez v. City of New York

Date: Apr 18, 1984

Affirmation of CPLR 205(a) in Wrongful Death Actions: Yolanda Bernardez v. City of New York Introduction The case of Yolanda Bernardez, Individually and as Administratrix of the Estate of Abel...

Double Jeopardy Protections and CPL 60.35 Impeachment: Comprehensive Analysis of People v. Vernon Dann

Date: Apr 17, 1984

Double Jeopardy Protections and CPL 60.35 Impeachment: Comprehensive Analysis of People v. Vernon Dann Introduction People v. Vernon Dann (100 A.D.2d 909), adjudicated by the Appellate Division of...

Default Judgment and Amended Complaints: Insights from County of Nassau v. Cedric Construction Corp.

Date: Apr 17, 1984

Default Judgment and Amended Complaints: Insights from County of Nassau v. Cedric Construction Corp. Introduction The case of County of Nassau v. Cedric Construction Corp. (100 A.D.2d 890)...

Strict Enforcement of Written Change Order Clauses in Construction Contracts: Analysis of Albert Saggesé, Inc. v. Town of Hempstead

Date: Apr 17, 1984

Strict Enforcement of Written Change Order Clauses in Construction Contracts: Analysis of Albert Saggesé, Inc. v. Town of Hempstead Introduction The case of Albert Saggesé, Inc., and Anthony Rivera...

Establishing Boundaries on Treble Damages and Judicial Notice in Wrongful Eviction Cases

Date: Apr 17, 1984

Establishing Boundaries on Treble Damages and Judicial Notice in Wrongful Eviction Cases Introduction The case of Sam Mary Housing Corp. v. Jo/Sal Market Corp. adjudicated by the Appellate Division...

Establishing 'Dangerous Instrument' in Attempted Robbery: PEOPLE v. BROWN, Price, and Perry (100 A.D.2d 879)

Date: Apr 10, 1984

Establishing 'Dangerous Instrument' in Attempted Robbery: PEOPLE v. BROWN, Price, and Perry (100 A.D.2d 879) Introduction In the landmark case of The People of the State of New York v. Solomon Brown...

Superseding Contracts and Summary Judgment: Analysis of Northville Industries Corp. v. Fort Neck Oil Terminals Corp.

Date: Apr 10, 1984

Superseding Contracts and Summary Judgment: Analysis of Northville Industries Corp. v. Fort Neck Oil Terminals Corp. Introduction The appellate case Northville Industries Corp. v. Fort Neck Oil...

Pension Rights as Marital Property: Insights from Mjaukskas v. Mjaukskas (1984)

Date: Apr 4, 1984

Pension Rights as Marital Property: Insights from Mjaukskas v. Mjaukskas (1984) Introduction The landmark case of Mjaukskas v. Mjaukskas, decided by the Court of Appeals of the State of New York on...

Enforcement of Non-Waiver Clauses in Lease Agreements: Insights from JefPaul Garage Corp. v. Presbyterian Hospital

Date: Apr 4, 1984

Enforcement of Non-Waiver Clauses in Lease Agreements: Insights from JefPaul Garage Corp. v. Presbyterian Hospital Introduction In the landmark case of JefPaul Garage Corp., Respondent, v....

Reinstatement of Stricken Answers under CPLR 3126: Insights from Battaglia v. Hofmeister

Date: Apr 3, 1984

Reinstatement of Stricken Answers under CPLR 3126: Insights from Battaglia v. Hofmeister Introduction The case of Frances Battaglia et al. v. Arlene Hofmeister, adjudicated by the Appellate Division...

Kraker v. Roll: Applying Laches and Estoppel in Cotenancy Property Disputes

Date: Apr 3, 1984

Kraker v. Roll: Applying Laches and Estoppel in Cotenancy Property Disputes Introduction The case of Kraker v. Roll delves into the intricate dynamics of property law, particularly focusing on the...

Affirming Public Access: Minutes of Insurance Company Meetings Recognized as Records under FOIL

Date: Mar 30, 1984

Affirming Public Access: Minutes of Insurance Company Meetings Recognized as Records under FOIL Introduction In the landmark case of The Washington Post Company v. New York State Insurance...

Unreasonable Delay in Sentencing and Loss of Jurisdiction: Establishing Precedent in Drake v. People

Date: Mar 30, 1984

Unreasonable Delay in Sentencing and Loss of Jurisdiction: Establishing Precedent in Drake v. People Introduction Drake v. People is a landmark case decided by the Court of Appeals of the State of...

Establishing Probable Cause and the Suppression of Lineup Identifications: Dodt v. The People of New York

Date: Mar 30, 1984

Establishing Probable Cause and the Suppression of Lineup Identifications: Dodt v. The People of New York Introduction Dodt v. The People of New York is a landmark decision by the Court of Appeals of...

Judicial Recognition of Rights for Discharged Mental Health Patients: Klostermann v. Cuomo

Date: Mar 28, 1984

Judicial Recognition of Rights for Discharged Mental Health Patients: Klostermann v. Cuomo Introduction Klostermann et al. v. Cuomo, as Governor of the State of New York, decided by the Court of...

Affirmation of Association Standing in Medicaid Reimbursement: DENTAL SOCIETY OF THE STATE OF NEW YORK v. HUGH CAREY

Date: Mar 28, 1984

Affirmation of Association Standing in Medicaid Reimbursement: DENTAL SOCIETY OF THE STATE OF NEW YORK v. HUGH CAREY Introduction The case of In the Matter of the Dental Society of the State of New...

Expanding the Scope of Bribe Receiving under Penal Law §200.10: The People v. Clinton Charles

Date: Mar 28, 1984

Expanding the Scope of Bribe Receiving under Penal Law §200.10: The People v. Clinton Charles Introduction The case of The People of the State of New York v. Clinton Charles, decided on March 27,...

Duty of Child-Care Agencies in Terminating Parental Rights: Insights from In the Matter of Sheila G.

Date: Mar 28, 1984

Duty of Child-Care Agencies in Terminating Parental Rights: Insights from In the Matter of Sheila G. Introduction In the Matter of Sheila G. is a landmark 1984 judgment by the Court of Appeals of the...

Appointing Court Authorization Required for Proceedings Against Receivers in Housing Violations

Date: Mar 27, 1984

Appointing Court Authorization Required for Proceedings Against Receivers in Housing Violations Introduction The case of Inindependence Savings Bank v. Triz Realty Corp. et al. addresses a crucial...

Broadcast Defamation as Libel: Matherson v. Marchello Establishes New Precedent

Date: Mar 27, 1984

Broadcast Defamation as Libel: Matherson v. Marchello Establishes New Precedent Introduction In the landmark case of Robert W. Matherson et al. v. Anthony Marchello et al., decided on March 26, 1984,...