New York Case Commentaries

Reaffirmation of Probable Cause Standards in Search Warrants: People v. Marinelli

Date: Mar 20, 1984

Reaffirmation of Probable Cause Standards in Search Warrants: People v. Marinelli Introduction In the landmark case of People of the State of New York v. Anthony Marinelli (100 A.D.2d 597), decided...

Ensuring Due Process in Zoning Board Hearings: Stein v. Board of Appeals of Town of Islip

Date: Mar 20, 1984

Ensuring Due Process in Zoning Board Hearings: Stein v. Board of Appeals of Town of Islip Introduction The case of Robert Stein versus the Board of Appeals of the Town of Islip (100 A.D.2d 590)...

Affirmation of Employee Disloyalty Standards in Maritime Fish Products v. World-Wide Fish Products

Date: Mar 16, 1984

Affirmation of Employee Disloyalty Standards in Maritime Fish Products v. World-Wide Fish Products Introduction The case of Maritime Fish Products, Inc. v. World-Wide Fish Products, Inc. (100 A.D.2d...

Intervention in Special Proceedings under CPLR 5225 and 5227: Vanderbilt Credit Corp. v. Chase Manhattan Bank

Date: Mar 13, 1984

Intervention in Special Proceedings under CPLR 5225 and 5227: Vanderbilt Credit Corp. v. Chase Manhattan Bank Introduction The case VANDERBILT CREDIT CORP. v. CHASE MANHATTAN BANK, N.A., Respondent,...

Intent and Misrepresentation in Schemes to Defraud: People v. Justin White

Date: Mar 6, 1984

Intent and Misrepresentation in Schemes to Defraud: People v. Justin White Introduction In the landmark case of The People of the State of New York v. Justin White (101 A.D.2d 1037), adjudicated by...

Negligence in Bailment Relationships: Burden of Proof and Summary Judgment Standards in SUN YAU KO v. LINCOLN SAVINGS BANK

Date: Mar 2, 1984

Negligence in Bailment Relationships: Burden of Proof and Summary Judgment Standards in SUN YAU KO v. LINCOLN SAVINGS BANK Introduction The case of Sun Yau Ko et al. v. Lincoln Savings Bank revolves...

Reversal in Strict Products Liability: Astor Cover v. Helen Cohen et al.

Date: Feb 29, 1984

Reversal in Strict Products Liability: Astor Cover v. Helen Cohen et al. Introduction The case of Astor Cover et al. v. Helen Cohen, Administratrix of the Estate of Irving Cohen et al., involves a...

Arbitration Authority and Limitations: Insights from Silverman v. Benmor Coats and Norris v. Cooper

Date: Feb 29, 1984

Arbitration Authority and Limitations: Insights from Silverman v. Benmor Coats and Norris v. Cooper Introduction The judicial landscape of arbitration has been significantly shaped by landmark cases...

Establishing Actual or Constructive Notice in Common Carrier Slip and Fall Cases: Lewis v. Metropolitan Transportation Authority

Date: Feb 29, 1984

Establishing Actual or Constructive Notice in Common Carrier Slip and Fall Cases: Lewis v. Metropolitan Transportation Authority Introduction The case of Evelina Lewis v. Metropolitan Transportation...

Enhanced Precision in Indictments: Analysis of People v. Morris

Date: Feb 29, 1984

Enhanced Precision in Indictments: Analysis of People v. Morris Introduction People of the State of New York v. Warner A. Morris, 61 N.Y.2d 290 (1984), is a landmark case decided by the Court of...

Cowan v. Board of Education: Reinforcement of Tenure Protections for School Administrators

Date: Feb 28, 1984

Cowan v. Board of Education: Reinforcement of Tenure Protections for School Administrators Introduction The case of William Cowan v. Board of Education of the Brentwood Union Free School District...

Recognition of Emotional Distress Recovery within the Zone-of-Danger in New York: Bovsun v Sanperi & Kugel v Mid-Westchester Industrial Park

Date: Feb 24, 1984

Recognition of Emotional Distress Recovery within the Zone-of-Danger in New York: Bovsun v Sanperi & Kugel v Mid-Westchester Industrial Park Introduction The landmark decision in Bovsun v Sanperi et...

Enforceability of Stipulations Under Subdivision (c) of Section 15-108 GOL

Date: Feb 24, 1984

Enforceability of Stipulations Under Subdivision (c) of Section 15-108 General Obligations Law Introduction The case of Michael Mitchell et al. v. New York Hospital et al. (61 N.Y.2d 208) presents a...

Proper Commencement Under CPLR 205(a) in RUTH MARKOFF v. Dually and as Executrix of MILTON MARKOFF, 61 N.Y.2d 283

Date: Feb 22, 1984

Proper Commencement Under CPLR 205(a) in RUTH MARKOFF v. Dually and as Executrix of MILTON MARKOFF, 61 N.Y.2d 283 Introduction The case of Ruth Markoff, Inde v. Dually and as Executrix of Milton...

Distinguishing Conditions Precedent from Promises in Contract Law: Insights from Merritt Hill Vineyards v. Windy Heights Vineyard

Date: Feb 22, 1984

Distinguishing Conditions Precedent from Promises in Contract Law: Insights from Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc. Introduction The case of Merritt Hill Vineyards...

Rose Bender v. Nassau Hospital: Clarifying Jury Instructions in Medical Malpractice Cases

Date: Feb 7, 1984

Rose Bender v. Nassau Hospital: Clarifying Jury Instructions in Medical Malpractice Cases Introduction The case of Rose Bender et al. v. Nassau Hospital et al., and Edward Sabatelle (99 A.D.2d 744)...

Enforcement of Oral Franchise Agreements Under the Statute of Frauds: D N Boening, Inc. v. Kirsch Beverages, Inc.

Date: Jan 24, 1984

Enforcement of Oral Franchise Agreements Under the Statute of Frauds: D N Boening, Inc. v. Kirsch Beverages, Inc. Introduction The case of D N Boening, Inc. v. Kirsch Beverages, Inc. (99 A.D.2d 522)...

Establishing the Finality of Settlements in Medical Malpractice Cases: Perone v. Nicklas

Date: Jan 10, 1984

Establishing the Finality of Settlements in Medical Malpractice Cases: Perone v. Nicklas Introduction The case of Diana Perone, represented by her mother and natural guardian, Michaelina Perone,...

Joinder of Contract Vendees as Necessary Parties in Foreclosure Actions: Insights from PNA v. White Eagle Hall Co.

Date: Dec 31, 1983

Joinder of Contract Vendees as Necessary Parties in Foreclosure Actions: Insights from PNA v. White Eagle Hall Co. Introduction In Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall...

Warren v. Delaney: Establishing Enhanced Due Process for Judgment Debtors

Date: Dec 28, 1983

Warren v. Delaney: Establishing Enhanced Due Process for Judgment Debtors Introduction Edna Warren and Theodora Tolley brought forth a consolidated appeal against Thomas J. Delaney, the...