New York Case Commentaries

Permanent Neglect and Termination of Parental Rights: Insights from In the Matter of SHEILA G. (94 A.D.2d 731)

Date: May 12, 1983

Permanent Neglect and Termination of Parental Rights: Insights from In the Matter of SHEILA G. (94 A.D.2d 731) Introduction In the Matter of SHEILA G. is a pivotal case adjudicated by the Appellate...

Redefining Strict Products Liability: The Voss v. Black & Decker Decision

Date: May 11, 1983

Redefining Strict Products Liability: The Voss v. Black & Decker Decision Introduction The case of Carlton J. Voss, Jr., et al., v. Black & Decker Manufacturing Company, decided by the Court of...

Duty to Secure Dangerous Chemicals on School Premises: Precedent from Kush v. City of Buffalo

Date: May 6, 1983

Duty to Secure Dangerous Chemicals on School Premises: Precedent from Kush v. City of Buffalo Introduction Kush v. City of Buffalo is a seminal case adjudicated by the Court of Appeals of the State...

Silsdorf v. Levine: Expanding Boundaries of Defamation Protection for Public Officials

Date: May 4, 1983

Silsdorf v. Levine: Expanding Boundaries of Defamation Protection for Public Officials Introduction In the landmark case Arthur R. Silsdorf, Appellant, v. Harry Levine et al., Respondents. (59 N.Y.2d...

Novod v. Board of Examiners: Restoration of Teaching License and Procedural Fairness

Date: Apr 26, 1983

Novod v. Board of Examiners: Restoration of Teaching License and Procedural Fairness Introduction In the Matter of Natalie Novod v. Board of Examiners of the Board of Education of the City of New...

Clarifying Wrongful Taking and Jury Instruction Standards in Grand Larceny: Insights from People v. Ricchiuti

Date: Apr 12, 1983

Clarifying Wrongful Taking and Jury Instruction Standards in Grand Larceny: Insights from People v. Ricchiuti Introduction Case Citation: The People of the State of New York v. Mauro Ricchiuti, 93...

Clarifying Jurisdictional Appearance in Attachment Proceedings: AL-DOHAN v. KOUYOUMJIAN

Date: Apr 8, 1983

Clarifying Jurisdictional Appearance in Attachment Proceedings: AL-DOHAN v. KOUYOUMJIAN Introduction The case of Mohammed S. Al-Dohan v. Agop K. Kouyoumjian (93 A.D.2d 714) adjudicated by the...

Invalid Director Removal and Its Impact on Enforceability of Restrictive Covenants: Insights from LEHMAN v. PIONTKOWSKI

Date: Apr 5, 1983

Invalid Director Removal and Its Impact on Enforceability of Restrictive Covenants: Insights from LEHMAN v. PIONTKOWSKI Introduction The case of LEHMAN v. PIONTKOWSKI, decided by the Appellate...

Strict Interpretation of Contractual Performance Conditions Limits Economic Duress Claims in New York Law: Insights from 805 THIRD AVE. CO. v. M.W. REALTY ASSOCIATES

Date: Apr 1, 1983

Strict Interpretation of Contractual Performance Conditions Limits Economic Duress Claims in New York Law: Insights from 805 THIRD AVE. CO. v. M.W. REALTY ASSOCIATES Introduction The case of 805...

Kennedy v. McKesson: Affirming Direct Emotional Distress Claims in Professional Negligence

Date: Apr 1, 1983

Kennedy v. McKesson: Affirming Direct Emotional Distress Claims in Professional Negligence Introduction In the landmark case Kennedy v. McKesson Co., reported in 58 N.Y.2d 500 (1983), the Court of...

Preservation of Grand Jury Secrecy in Civil Litigation: Insights from DISTRICT ATTORNEY OF SUFFOLK COUNTY

Date: Apr 1, 1983

Preservation of Grand Jury Secrecy in Civil Litigation: Insights from DISTRICT ATTORNEY OF SUFFOLK COUNTY Introduction The case of In the Matter of DISTRICT ATTORNEY OF SUFFOLK COUNTY, Appellant (58...

Conversion vs. Trespass: Statute of Limitations in Unauthorized Commercial Exploitation of Master Recordings

Date: Apr 1, 1983

Conversion vs. Trespass: Statute of Limitations in Unauthorized Commercial Exploitation of Master Recordings Introduction The case of Murray SPORN v. MCA RECORDS, INC., decided by the Court of...

MURPHY v. AMERICAN HOME Products: Clarifying the Limitation Period for Age Discrimination and Rejecting Tort Claims for Wrongful Discharge

Date: Mar 30, 1983

MURPHY v. AMERICAN HOME Products: Clarifying the Limitation Period for Age Discrimination and Rejecting Tort Claims for Wrongful Discharge Introduction In MURPHY v. AMERICAN HOME Products...

Modification of Commission Rates in At-Will Employment: Waldman v. Englishtown Sportswear

Date: Mar 30, 1983

Modification of Commission Rates in At-Will Employment: Waldman v. Englishtown Sportswear Introduction The case of Martin Waldman et al. v. Englishtown Sportswear, Ltd. (92 A.D.2d 833) adjudicated by...

Enforcement of Exculpatory Clauses in Construction Contracts: Analysis of KALISCH-JARCHO, INC. v. CITY OF NEW YORK

Date: Mar 30, 1983

Enforcement of Exculpatory Clauses in Construction Contracts: Analysis of KALISCH-JARCHO, INC. v. CITY OF NEW YORK Introduction The case of KALISCH-JARCHO, INC., Respondent, v. CITY OF NEW YORK,...

Establishing Personal Jurisdiction Through Expedient Service: Analysis of Osserman v. Osserman

Date: Mar 29, 1983

Establishing Personal Jurisdiction Through Expedient Service: Analysis of Osserman v. Osserman Introduction Osserman v. Osserman, 92 A.D.2d 932 (App. Div. 1983), is a pivotal case in New York...

Prosecutorial Conduct and Fair Trial Rights: Insights from People v. Daniel L. Bailey

Date: Mar 25, 1983

Prosecutorial Conduct and Fair Trial Rights: Insights from People v. Daniel L. Bailey Introduction The case of The People of the State of New York v. Daniel L. Bailey, reported in 58 N.Y.2d 272...

Establishing Criteria for Admissibility of Grand Jury Testimony as Direct Evidence in Criminal Trials

Date: Mar 25, 1983

Establishing Criteria for Admissibility of Grand Jury Testimony as Direct Evidence in Criminal Trials Introduction The case of In the Matter of Elizabeth Holtzman, as District Attorney of Kings...

Contempt of Court: Distinction Between Civil and Criminal Contempt in STATE OF NEW YORK v. C.O.R.E.

Date: Mar 23, 1983

Contempt of Court: Distinction Between Civil and Criminal Contempt in STATE OF NEW YORK et al. v. CONGRESS OF RACIAL EQUALITY (C.O.R.E.) et al. Introduction The case STATE OF NEW YORK et al. v....

Defining "Just Cause" for Removal of Public Assessors: Insights from Mount Vernon v. NY Board of Equalization and Assessment

Date: Mar 11, 1983

Defining "Just Cause" for Removal of Public Assessors: Insights from Mount Vernon v. NY Board of Equalization and Assessment Introduction The case of The City of Mount Vernon et al. v. State of New...