New York Case Commentaries

Establishing Precedent on Hypnotic Memory Admissibility: People v. Kirk Hughes

Date: Jul 6, 1983

Establishing Precedent on Hypnotic Memory Admissibility: People v. Kirk Hughes Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v. KIRK HUGHES (59 N.Y.2d 523) adjudicated by the Court of...

Affirming Holder in Due Course Protection: First International Bank of Israel, Ltd. v. Blankstein

Date: Jul 1, 1983

Affirming Holder in Due Course Protection: First International Bank of Israel, Ltd. v. Blankstein Introduction The case of First International Bank of Israel, Ltd. v. L. Blankstein Son, Inc., et al.,...

Establishing Reasonable Suspicion and Probable Cause in Hearsay-Based Searches: Analysis of People v. Landy

Date: Jul 1, 1983

Establishing Reasonable Suspicion and Probable Cause in Hearsay-Based Searches: Analysis of People v. Landy Introduction The case of The People of the State of New York v. Dennis Landy, 59 N.Y.2d 369...

Protecting Environmental Integrity: The Gertrude Soule v. Town of Colonie Decision

Date: Jul 1, 1983

Protecting Environmental Integrity: The Gertrude Soule v. Town of Colonie Decision Introduction The case of Gertrude Soule et al. v. Town of Colonie et al. (95 A.D.2d 979) adjudicated by the...

Appellate Division Clarifies Non-Use of Affiliates' Actual Rentals in Valuation of Owner-Occupied Properties – 309 Union Street Corp. Case

Date: Jun 21, 1983

Appellate Division Clarifies Non-Use of Affiliates' Actual Rentals in Valuation of Owner-Occupied Properties – 309 Union Street Corp. Case Introduction The appellate case of 309 Union Street...

Impeaching Witness Credibility Through Reputation Evidence: Insights from Pavao v. People

Date: Jun 17, 1983

Impeaching Witness Credibility Through Reputation Evidence: Insights from Pavao v. People Introduction The People of the State of New York v. Frank Pavao, 59 N.Y.2d 282 (1983), is a pivotal case...

Whalen v. The People of New York: Upholding Prosecutorial Responsibility and Ensuring Fair Trial Procedures

Date: Jun 17, 1983

Whalen v. The People of New York: Upholding Prosecutorial Responsibility and Ensuring Fair Trial Procedures Introduction Whalen v. The People of New York is a landmark case adjudicated by the Court...

Enforceability of Life Estates Through Part Performance: Fiske v. Fiske

Date: Jun 17, 1983

Enforceability of Life Estates Through Part Performance: Fiske v. Fiske Introduction The case of John H. Fiske et al. v. William D. Fiske et al. adjudicated by the Appellate Division of the Supreme...

Burns Jackson Miller Summit Spitzer v. TWU et al.: No Private Right of Action under the Taylor Law

Date: Jun 17, 1983

No Private Right of Action under the Taylor Law for Unlawful Public Sector Strikes Introduction The case of Burns Jackson Miller Summit Spitzer, Individually and on Behalf of All Others Similarly...

Logemann Brothers v. Schumacher: Defining Successor Liability and Duty to Warn Under Negligence

Date: Jun 15, 1983

Logemann Brothers v. Schumacher: Defining Successor Liability and Duty to Warn Under Negligence Introduction The landmark case of Logemann Brothers Company, Inc. v. Otto F. Schumacher et al. (59...

Reaffirming the Limits of Absolute Privilege in Defamation: Park Knoll Associates v. Aphrodite Schmidt

Date: Jun 10, 1983

Reaffirming the Limits of Absolute Privilege in Defamation: Park Knoll Associates v. Aphrodite Schmidt Introduction The case of Park Knoll Associates v. Aphrodite Schmidt adjudicated by the Court of...

Affirmation of Notice of Claim Requirements in Private Civil Rights Actions: Chau Mills v. County of Monroe

Date: Jun 10, 1983

Affirmation of Notice of Claim Requirements in Private Civil Rights Actions: Chau Mills v. County of Monroe Introduction Chau Mills v. County of Monroe, 59 N.Y.2d 307 (1983), is a pivotal case...

Test of Witness Credibility and Judicial Discretion in People v. Berg and Lovacco

Date: Jun 10, 1983

Test of Witness Credibility and Judicial Discretion in People v. Berg and Lovacco Introduction People v. Berg and Lovacco (59 N.Y.2d 294, 1983) is a pivotal case decided by the Court of Appeals of...

Constitutional Validation of CPL 340.40(subd 2): Prostitution as a 'Petty' Offense Under the Sixth Amendment

Date: Jun 8, 1983

Constitutional Validation of CPL 340.40(subd 2): Prostitution as a 'Petty' Offense Under the Sixth Amendment Introduction The case of In the Matter of Robert M. Morgenthau, as District Attorney of...

Charles v. Damiano: Pensions as Marital Property under Equitable Distribution

Date: Jun 8, 1983

Charles v. Damiano: Pensions as Marital Property under Equitable Distribution Introduction Charles v. Damiano, 94 A.D.2d 132 (1983), is a landmark case adjudicated by the Appellate Division of the...

Limitations on Prosecutorial Evidence and Jury Instruction in DUI Cases: A New Precedent from People v. Powell

Date: Jun 7, 1983

Limitations on Prosecutorial Evidence and Jury Instruction in DUI Cases: A New Precedent from People v. Powell Introduction People of the State of New York, Respondent, v. Bennie Powell, Appellant is...

Suffolk County Conservative Party Election Judgment: Validating Internal Amendments and Ensuring Procedural Due Process

Date: Jun 1, 1983

Suffolk County Conservative Party Election Judgment: Validating Internal Amendments and Ensuring Procedural Due Process Introduction The case titled In the Matter of Elaine A. Leirer, Appellant, v....

Admissibility of Prior Convictions for Motive and Identity: Smalls v. People

Date: May 24, 1983

Admissibility of Prior Convictions for Motive and Identity: Smalls v. People Introduction The People of the State of New York v. Larry Smalls, 94 A.D.2d 777 (Appellate Division, Supreme Court of New...

Delmonico v. The People: Defining Reasonable Suspicion in Stop and Frisk Procedures

Date: May 24, 1983

Delmonico v. The People: Defining Reasonable Suspicion in Stop and Frisk Procedures Introduction The case The People of the State of New York v. Jerry Delmonico (94 A.D.2d 773) adjudicated by the...

Perjury Conviction Affirmed: Key Insights from THE PEOPLE OF THE STATE OF NEW YORK v. LOU V. TEMPERA

Date: May 17, 1983

Perjury Conviction Affirmed: Key Insights from THE PEOPLE OF THE STATE OF NEW YORK v. LOU V. TEMPERA (94 A.D.2d 748) Introduction In the appellate case of THE PEOPLE OF THE STATE OF NEW YORK v. LOU...