New York Case Commentaries

Equitable Distribution of Nonvested Pension Rights in Divorce: Rodgers v. Rodgers

Date: Dec 28, 1983

Equitable Distribution of Nonvested Pension Rights in Divorce: Rodgers v. Rodgers Introduction Marion Rodgers (Appellant) appealed a judgment in her matrimonial dissolution case against Frederick...

Tango v. Tulevech: Defining Limits of Public Official Liability in Custodial Decisions

Date: Dec 21, 1983

Tango v. Tulevech: Defining Limits of Public Official Liability in Custodial Decisions Introduction Tango v. Tulevech is a pivotal judgment delivered by the Court of Appeals of the State of New York...

Confiscatory Zoning Standards: Northern Westchester Professional Park Associates v. Town of Bedford

Date: Dec 21, 1983

Confiscatory Zoning Standards: Northern Westchester Professional Park Associates v. Town of Bedford Introduction The case of Northern Westchester Professional Park Associates v. Town of Bedford (60...

Century Operating Corporation v. Popolizio: Defining Rent Stabilization Lease Concessions

Date: Dec 21, 1983

Century Operating Corporation v. Popolizio: Defining Rent Stabilization Lease Concessions Introduction The case of Century Operating Corporation v. Popolizio (60 N.Y.2d 483) heard by the Court of...

Probating Executed Wills Under SCPA 1405: Collins Estate Precedent

Date: Dec 21, 1983

Probating Executed Wills Under SCPA 1405: Collins Estate Precedent Introduction The case of In the Matter of the Estate of Bertha A. Collins, Deceased, reported at 60 N.Y.2d 466 (Court of Appeals of...

Regulation of Traffic Ordinances and Property Rights: Peconic Avenue Businessmens' Association v. Town of Brookhaven

Date: Dec 20, 1983

Regulation of Traffic Ordinances and Property Rights: Peconic Avenue Businessmens' Association v. Town of Brookhaven Introduction The case of Peconic Avenue Businessmens' Association v. Town of...

Enforcement of Written Agreements Over Oral Representations in Mortgage Foreclosure: UDC v. Dubor Associates

Date: Dec 20, 1983

Enforcement of Written Agreements Over Oral Representations in Mortgage Foreclosure: UDC v. Dubor Associates Introduction The case of New York State Urban Development Corp. (UDC) v. Dubor Associates...

Appellate Division’s Authority to Modify Plea Agreements: Insights from Thompson v. The People of New York

Date: Dec 16, 1983

Appellate Division’s Authority to Modify Plea Agreements: Insights from Thompson v. The People of New York Introduction Case Citation: The People of the State of New York, Respondent-Appellant, v....

Validation of Guilty Pleas for Enhanced Sentencing: Insights from People v. Harris et al.

Date: Dec 16, 1983

Validation of Guilty Pleas for Enhanced Sentencing: Insights from People v. Harris et al. Introduction The landmark decision in People of the State of New York v. Harris et al. (61 N.Y.2d 9),...

Strict Adherence to Governing Body Notice Requirement Under Education Law §3813 Affirmed in Parochial Bus Systems v. Board of Education

Date: Dec 16, 1983

Strict Adherence to Governing Body Notice Requirement Under Education Law §3813 Affirmed in Parochial Bus Systems v. Board of Education Introduction The case of Parochial Bus Systems, Inc., et al. v....

Right to Full Cross-Examination in Identification Suppression: People v. Gaddy and Gordon

Date: Dec 6, 1983

Right to Full Cross-Examination in Identification Suppression: People v. Gaddy and Gordon Introduction People of the State of New York v. Dwight Gaddy and Walter Gordon, decided on December 5, 1983,...

Distinction Between Inventory Computation and Unit-Based Inventory in Comprehensive Employee Dishonesty Insurance Policies

Date: Dec 2, 1983

Distinction Between Inventory Computation and Unit-Based Inventory in Comprehensive Employee Dishonesty Insurance Policies Introduction In the landmark case of Ace Wire Cable Co., Inc. v. Aetna...

People v. Baskerville: Clarifying Jury Instructions on Apparent Firearm Display and Possession of Stolen Property

Date: Dec 2, 1983

People v. Baskerville: Clarifying Jury Instructions on Apparent Firearm Display and Possession of Stolen Property Introduction People of the State of New York v. Kaydon Baskerville is a pivotal case...

Protective Orders and Waiver of Physician-Patient Privilege: Comprehensive Guidelines from Cynthia B. v. New Rochelle Hospital Medical Center

Date: Dec 2, 1983

Protective Orders and Waiver of Physician-Patient Privilege: Comprehensive Guidelines from Cynthia B. v. New Rochelle Hospital Medical Center Introduction Cynthia B. v. New Rochelle Hospital Medical...

Clarification on Intoxication Evidence in Depraved Mind Murder: Register v. People of New York

Date: Nov 30, 1983

Clarification on Intoxication Evidence in Depraved Mind Murder: Register v. People of New York Introduction Register v. People of New York (60 N.Y.2d 270) is a pivotal case adjudicated by the Court...

Res Ipsa Loquitur in Elevator Maintenance Negligence: Weeden v. Armor Elevator Company

Date: Nov 22, 1983

Res Ipsa Loquitur in Elevator Maintenance Negligence: Weeden v. Armor Elevator Company Introduction Weeden v. Armor Elevator Company, Inc. is a landmark case adjudicated by the Appellate Division of...

Clarifying 'Similarity' under Education Law §2510: Distinction Between Library Media Specialists and Librarian II

Date: Nov 15, 1983

Clarifying 'Similarity' under Education Law §2510: Distinction Between Library Media Specialists and Librarian II Introduction The case of JULIA SMITH et al., Appellants-Respondents, v. BOARD OF...

Enforcement of Shareholders' Agreements: Limits on Successor Director Designation

Date: Nov 15, 1983

Enforcement of Shareholders' Agreements: Limits on Successor Director Designation Introduction The case of HERBERT J. SCHMIDT, JR., et al. v. MAGNETIC HEAD CORPORATION et al. adjudicated by the...

Torres v. People (1983): Reaffirming Non-Custodial Interrogation Standards and Right to Counsel

Date: Nov 15, 1983

Torres v. People (1983): Reaffirming Non-Custodial Interrogation Standards and Right to Counsel Introduction In People of the State of New York v. Javier Torres (97 A.D.2d 802, Appellate Division of...

Reaffirming SEQRA Compliance: Appellate Division Reverses Planning Board's Environmental Nonsignificance Determination

Date: Nov 8, 1983

Reaffirming SEQRA Compliance: Appellate Division Reverses Planning Board's Environmental Nonsignificance Determination Introduction The case of Timothy Tehan et al. v. Edward Scrivani et al. (97...