New York Case Commentaries

Comprehensive Commentary on Passaro v. Passaro: Modification of Child Support and Alimony in Light of Disability

Date: Mar 8, 1983

Passaro v. Passaro: Modification of Child Support and Alimony in Light of Disability Introduction Passaro v. Passaro, 92 A.D.2d 861 (Appellate Division, Second Department, 1983), is a landmark case...

Establishing the Injury Accrual Date in Product Liability: Insights from Reyes v. Bertocchi

Date: Mar 8, 1983

Establishing the Injury Accrual Date in Product Liability: Insights from Reyes v. Bertocchi Introduction Reyes v. Bertocchi, adjudicated by the Appellate Division of the Supreme Court of New York,...

Municipal Liability for General Regulatory Failures: The Decision in O'Connor v. City of New York

Date: Feb 24, 1983

Municipal Liability for General Regulatory Failures: The Decision in O'Connor v. City of New York Introduction The case of WILLIAM O'CONNOR et al. v. CITY OF NEW YORK, decided by the Court of Appeals...

Proportionate Liability of Municipalities in Tort Claims: Analysis of GARRETT v. TOWN OF GREECE

Date: Feb 24, 1983

Proportionate Liability of Municipalities in Tort Claims: Analysis of GARRETT v. TOWN OF GREECE Introduction GARRETT v. TOWN OF GREECE (58 N.Y.2d 253, 1983) is a landmark decision by the Court of...

Limitations on Collateral Estoppel in Parole Revocation Hearings: Matthews v. New York State Division of Parole

Date: Feb 16, 1983

Limitations on Collateral Estoppel in Parole Revocation Hearings: Matthews v. New York State Division of Parole Introduction Case Name: The People of the State of New York ex rel. Maurice Matthews,...

Reinterpreting CPL 170.40: The People of New York v. Rickert et al. - A Comprehensive Commentary

Date: Feb 16, 1983

Reinterpreting CPL 170.40: The People of New York v. Rickert et al. - A Comprehensive Commentary Introduction The landmark case, The People of the State of New York v. Richard J. Rickert, Jr. (58...

Summary Judgment in Fraud and Misrepresentation Cases: Seyfried v. Greenspan

Date: Feb 15, 1983

Summary Judgment in Fraud and Misrepresentation Cases: Seyfried v. Greenspan Introduction The case of Andrew Seyfried et al. v. Jack Greenspan, decided on February 14, 1983, by the Appellate Division...

Requiring Separate Consideration of Negligence and Proximate Cause in Vehicle Traffic Law Cases: Brogan v. Zummo

Date: Feb 8, 1983

Requiring Separate Consideration of Negligence and Proximate Cause in Vehicle Traffic Law Cases: Brogan v. Zummo Introduction Brogan v. Zummo, 92 A.D.2d 533 (App. Div. 1983) is a pivotal case in New...

Establishing Public Officer Immunity in Custodial Interference: Tango v. Tulevech

Date: Jan 18, 1983

Establishing Public Officer Immunity in Custodial Interference: Tango v. Tulevech Introduction Tango v. Tulevech (91 A.D.2d 1019, Appellate Division of the Supreme Court of New York, Second...

Enhanced Protections for Inmate Correspondence: Milburn v. McNiff

Date: Jan 18, 1983

Enhanced Protections for Inmate Correspondence: Milburn v. McNiff Introduction Milburn v. McNiff is a landmark case decided by the Appellate Division of the Supreme Court of New York, Second...

Mandatory Notice Requirements Under Insurance Law: Centennial Insurance Co. v. John et al.

Date: Jan 14, 1983

Mandatory Notice Requirements Under Insurance Law: Centennial Insurance Co. v. John et al. Introduction The case of Scott R. John et al. v. Centennial Insurance Company (91 A.D.2d 1104) addresses...

Establishing Rigorous Standards for Stop-and-Frisk: People v. Carney (58 N.Y.2d 51)

Date: Dec 16, 1982

Establishing Rigorous Standards for Stop-and-Frisk: People v. Carney (58 N.Y.2d 51) Introduction The case The People of the State of New York v. James Carney (58 N.Y.2d 51) adjudicated by the Court...

Independent Source Exception Affirmed in People v. Arnaú

Date: Dec 16, 1982

Independent Source Exception Affirmed in People v. Arnaú Introduction In People v. Arnaú, 58 N.Y.2d 27 (1982), the Court of Appeals of the State of New York grappled with the critical issue of...

Strict Adherence to Statutory Language Over Administrative Definitions: Trump-Equitable Fifth Avenue Co. v. Gliedman

Date: Dec 15, 1982

Strict Adherence to Statutory Language Over Administrative Definitions: Trump-Equitable Fifth Avenue Co. v. Gliedman Introduction The case Trump-Equitable Fifth Avenue Company v. Gliedman adjudicated...

Mon Amour Rest. v. Helgeson: Establishing Standards for Vacating Default Judgments and Addressing Landlord Conversion of Corporate Assets

Date: Nov 24, 1982

Mon Amour Rest. v. Helgeson: Establishing Standards for Vacating Default Judgments and Addressing Landlord Conversion of Corporate Assets Introduction The case of Mon Amour Rest., Inc., et al.,...

Affirmation of Sentencing Discretion Under New Gun Control Legislation: People v. Suitte

Date: Nov 23, 1982

Affirmation of Sentencing Discretion Under New Gun Control Legislation: People v. Suitte Introduction People v. Suitte is a pivotal case decided by the Appellate Division of the Supreme Court of New...

Expanding Protections under Civil Rights Law §19-a: Cooperative Tenancy and Anti-Discrimination in Cooperative Housing

Date: Nov 19, 1982

Expanding Protections under Civil Rights Law §19-a: Cooperative Tenancy and Anti-Discrimination in Cooperative Housing Introduction The case of MARTIN SANDERS et al. v. FREDERICK M. WINSHIP et al.,...

Implied Employment Contract Based on Personnel Handbook: Walton L. Weiner v. McGraw-Hill, Inc.

Date: Nov 19, 1982

Implied Employment Contract Based on Personnel Handbook: Walton L. Weiner v. McGraw-Hill, Inc. Introduction The case of Walton L. Weiner v. McGraw-Hill, Inc. (57 N.Y.2d 458) addressed a pivotal issue...

Affirmation of Reasonable Suspicion Requirement for Police Detention Based on Vehicle Condition

Date: Nov 19, 1982

Affirmation of Reasonable Suspicion Requirement for Police Detention Based on Vehicle Condition Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. NATHANIEL HARRISON and...

Affirmation of Fair Trial Standards in People v. Harris: Right to Counsel and Rebuttal Evidence Examined

Date: Nov 17, 1982

Affirmation of Fair Trial Standards in People v. Harris: Right to Counsel and Rebuttal Evidence Examined Introduction People v. Jean S. Harris is a seminal case adjudicated by the Court of Appeals of...