New York Case Commentaries

Reassignment Rights for Abolished Positions: Greenspan v. Dutchess County Board of Cooperative Educational Services

Date: Sep 7, 1983

Reassignment Rights for Abolished Positions: Greenspan v. Dutchess County Board of Cooperative Educational Services Introduction Greenspan v. Dutchess County Board of Cooperative Educational Services...

Award of Attorney's Fees under 42 U.S.C. § 1988 in Social Services Due Process Cases: Rahmey v. Blum Commentary

Date: Aug 30, 1983

Award of Attorney's Fees under 42 U.S.C. § 1988 in Social Services Due Process Cases: Rahmey v. Blum Commentary Introduction The case of In the Matter of Nathan Rahmey, Appellant, v. Barbara Blum,...

Enhanced Retention Rights for Per-Session Teachers: Insights from Simley v. NYC Board of Education

Date: Aug 30, 1983

Enhanced Retention Rights for Per-Session Teachers: Insights from Simley v. NYC Board of Education Introduction The case of In the Matter of New York City Board of Education v. Ellsworth E. Simley et...

Strict Compliance with SEQRA Standards Affirmed in Flacke v. Environmental Defense Fund

Date: Aug 9, 1983

Strict Compliance with SEQRA Standards Affirmed in Flacke v. Environmental Defense Fund Introduction The case of Environmental Defense Fund, Inc. v. Robert F. Flacke, decided on August 8, 1983, by...

Establishing Clear and Convincing Evidence in Permanent Neglect Proceedings: Insights from MATTER OF MICHAEL B.

Date: Aug 5, 1983

Establishing Clear and Convincing Evidence in Permanent Neglect Proceedings: Insights from MATTER OF MICHAEL B. Introduction The case of MATTER OF MICHAEL B. involves a pivotal judgment by the...

Municipal Police Power in Building Safety Enforcement: Berncolors-Poughkeepsie v. City of Poughkeepsie

Date: Jul 26, 1983

Municipal Police Power in Building Safety Enforcement: Berncolors-Poughkeepsie v. City of Poughkeepsie Introduction The case of Berncolors-Poughkeepsie, Inc. v. City of Poughkeepsie (96 A.D.2d 595)...

Judicial Immunity Affirmed in Contempt Proceedings: Sassower v. Finnerty

Date: Jul 26, 1983

Judicial Immunity Affirmed in Contempt Proceedings: Sassower v. Finnerty Introduction The case of George Sassower v. John P. Finnerty, adjudicated by the Appellate Division of the Supreme Court of...

Fraudulent Transfer Protection under CPLR 5225: Gelbard v. Esses

Date: Jul 26, 1983

Fraudulent Transfer Protection under CPLR 5225: Gelbard v. Esses Introduction The case of Paul E. Gelbard et al. v. Sandra Esses et al. (96 A.D.2d 573) adjudicated by the Appellate Division of the...

Limits on Civil Contempt Enforcement of Monetary Obligations in Matrimonial Proceedings

Date: Jul 26, 1983

Limits on Civil Contempt Enforcement of Monetary Obligations in Matrimonial Proceedings Introduction The case of Steven Wides, Appellant, v. Fern Wides, Respondent (96 A.D.2d 592) adjudicated by the...

Establishing 'Good Cause' for Vacating Arbitration Awards: Sassower v. Higbee

Date: Jul 26, 1983

Establishing 'Good Cause' for Vacating Arbitration Awards: Sassower v. Higbee Introduction Sassower v. Higbee is a pivotal case adjudicated by the Appellate Division of the Supreme Court of New York,...

Chapter 846 Interpretation: Limits on Permanent Reclassification Through Out-of-Title Performance

Date: Jul 19, 1983

Chapter 846 Interpretation: Limits on Permanent Reclassification Through Out-of-Title Performance Introduction The case of McGuinness et al. v. New York State Office of Court Administration et al....

Recognition of Reliance Damages Independent of Enforceable Contract in Farash v. Sykes Datatronics

Date: Jul 13, 1983

Recognition of Reliance Damages Independent of Enforceable Contract in Farash v. Sykes Datatronics Introduction Max M. Farash, a prominent real estate developer, initiated legal proceedings against...

Symphony Space Inc. v. Commissioner of Finance: Broad Interpretation of Tax Exemptions for Charitable and Educational Purposes

Date: Jul 13, 1983

Symphony Space Inc. v. Commissioner of Finance: Broad Interpretation of Tax Exemptions for Charitable and Educational Purposes Introduction The case of Symphony Space, Inc. v. Harry S. Tishelmán...

Enforcement of Limited Remedies and Consequential Damages Exclusions Under the UCC: Analysis of Cayuga Harvester v. Allis-Chalmers Corp.

Date: Jul 12, 1983

Enforcement of Limited Remedies and Consequential Damages Exclusions Under the UCC: Analysis of Cayuga Harvester v. Allis-Chalmers Corp. Introduction The case of Cayuga Harvester, Inc., Doing...

Reaffirmation of Municipal Authority in Property Access: Analysis of Bavaro v. Parente

Date: Jul 12, 1983

Reaffirmation of Municipal Authority in Property Access: Analysis of Bavaro v. Parente Introduction The case of Caesar Bavaro et al. v. Michael Parente et al., decided by the Appellate Division of...

Contempt of Court in Nursing Home Operations: A Comprehensive Analysis of McCormick et al. v. Axelrod

Date: Jul 8, 1983

Contempt of Court in Nursing Home Operations: A Comprehensive Analysis of McCormick et al. v. Axelrod Introduction The case of Louise McCormick et al. v. David Axelrod, decided by the Court of...

Clarifying the Scope of Warrantless Searches Incident to Arrest: People v. Smith

Date: Jul 8, 1983

Clarifying the Scope of Warrantless Searches Incident to Arrest: People v. Smith Introduction The People of the State of New York v. Reggie Smith (59 N.Y.2d 454, 1983) is a landmark decision by the...

Limitation on Planning Boards' Power to Compel Uncompensated Land Conveyance for Parks in Cluster Zoning

Date: Jul 8, 1983

Limitation on Planning Boards' Power to Compel Uncompensated Land Conveyance for Parks in Cluster Zoning Introduction The case of Carl Kamhi v. Planning Board of the Town of Yorktown addresses the...

Exhaustion of Administrative Remedies in Alteration Permit Disputes: Weiseman v. City of New York

Date: Jul 8, 1983

Exhaustion of Administrative Remedies in Alteration Permit Disputes: Weiseman v. City of New York Introduction Weiseman et al., Respondents-Appellants v. City of New York et al.,...

Insufficiency of Circumstantial Evidence in Accomplice Liability: Insights from People v. Herman Way

Date: Jul 6, 1983

Insufficiency of Circumstantial Evidence in Accomplice Liability: Insights from People v. Herman Way Introduction In the landmark case of People of the State of New York v. Herman Way, decided by the...