New York Case Commentaries

Hewlett Associates v. City of New York: Reinterpreting Section 421-a for Pre-1975 Multiple Dwellings

Date: Nov 17, 1982

Hewlett Associates v. City of New York: Reinterpreting Section 421-a for Pre-1975 Multiple Dwellings Introduction The case of Hewlett Associates et al. v. City of New York et al. (57 N.Y.2d 356) was...

Expanding Jurisdiction of the Surrogate's Court: Insights from Piccione v. All Craft Finishing et al.

Date: Nov 12, 1982

Expanding Jurisdiction of the Surrogate's Court: Insights from Piccione v. All Craft Finishing et al. Introduction The case In the Matter of the Estate of Nicholas A. Piccione, Deceased involves...

Ratification of Unauthorized Leases by Successors: Insights from Holm v. C.M.P. Sheet Metal

Date: Oct 30, 1982

Ratification of Unauthorized Leases by Successors: Insights from Holm v. C.M.P. Sheet Metal Introduction The case of MELVIN E. HOLM, as Trustee of the Minich Children Trust, Appellant, v. C.M.P....

Ensuring Fair Trials: The Critical Role of Reliable Eyewitness Identification in People v. McCann

Date: Oct 26, 1982

Ensuring Fair Trials: The Critical Role of Reliable Eyewitness Identification in People v. McCann Introduction People of the State of New York v. Francis X. McCann, 90 A.D.2d 554 (1982), is a pivotal...

Court of Appeals Upholds Judicial Authority in Restitution Determinations

Date: Oct 20, 1982

Court of Appeals Upholds Judicial Authority in Restitution Determinations Introduction In the landmark case of The People of the State of New York v. Patricia Fuller (57 N.Y.2d 152), the Court of...

Identity Exception in Criminal Proceedings: Analysis of People v. Steven Kelly Beam

Date: Oct 20, 1982

Identity Exception in Criminal Proceedings: Analysis of People v. Steven Kelly Beam Introduction People v. Steven Kelly Beam is a significant case decided by the Court of Appeals of the State of New...

Licari v. Elliott: Defining 'Serious Injury' Under New York's No-Fault Insurance Law

Date: Oct 15, 1982

Licari v. Elliott: Defining 'Serious Injury' Under New York's No-Fault Insurance Law Introduction Licari v. Elliott, 57 N.Y.2d 230 (1982), is a pivotal case decided by the Court of Appeals of the...

Holder in Due Course Status for Depositary Banks: Insights from Marine Midland Bank v. Price, Miller, Evans Flowers

Date: Oct 15, 1982

Holder in Due Course Status for Depositary Banks: Insights from Marine Midland Bank v. Price, Miller, Evans Flowers Introduction Marine Midland Bank, N.A. v. Price, Miller, Evans Flowers, et al., 57...

Voluntary Absence Does Not Implicitly Waive Defendant's Right to a Present Trial: Analysis of People v. Parker

Date: Oct 8, 1982

Voluntary Absence Does Not Implicitly Waive Defendant's Right to a Present Trial: Analysis of People v. Parker Introduction People of the State of New York v. Vicki Parker, 57 N.Y.2d 136 (1982), is a...

Collateral Attacks on Foreign Judgments: Insights from Eilenberg v. Eilenberg (89 A.D.2d 945)

Date: Sep 24, 1982

Collateral Attacks on Foreign Judgments: Insights from Eilenberg v. Eilenberg (89 A.D.2d 945) Introduction Eilenberg v. Eilenberg (89 A.D.2d 945) is a seminal case adjudicated by the Appellate...

Affirmation After Fraud Limits Remedies: Insights from Clearview Concrete Products Corp. v. Gherardi

Date: Aug 31, 1982

Affirmation After Fraud Limits Remedies: Insights from Clearview Concrete Products Corp. v. Gherardi Introduction The case of Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc. serves as...

Reaffirmation of Effective Assistance of Counsel: The People v. Sinatra

Date: Aug 24, 1982

Reaffirmation of Effective Assistance of Counsel: The People v. Sinatra Introduction The People of the State of New York appealed the conviction of Benny J. Sinatra for criminal possession of a...

Lirosi v. Elkins: Establishing Fiduciary Duty in De Facto Mergers

Date: Aug 24, 1982

Lirosi v. Elkins: Establishing Fiduciary Duty in De Facto Mergers Introduction The case of Frank Lirosi v. Stanley I. Elkins et al., decided by the Appellate Division of the Supreme Court of New...

Reevaluation of Workers' Compensation Defense in Negligence Claims: GYORY v. RADGOWSKI

Date: Aug 10, 1982

Reevaluation of Workers' Compensation Defense in Negligence Claims: GYORY v. RADGOWSKI Introduction The case of Frank Gyory et al. v. Edward Radgowski et al. (89 A.D.2d 867), adjudicated by the...

Glammm v. Allen: Establishing the Framework for Statute of Limitations in Legal Malpractice Cases Involving Attorney’s Death

Date: Jul 3, 1982

Glammm v. Allen: Establishing the Framework for Statute of Limitations in Legal Malpractice Cases Involving Attorney’s Death Introduction The case of Richard G. Glamm v. Frances Allen, adjudicated by...

Right to Counsel and Self-Representation: Insights from PEOPLE v. SAWYER

Date: Jul 3, 1982

Right to Counsel and Self-Representation: Insights from PEOPLE v. SAWYER Introduction The case of People of the State of New York v. Robert E. Sawyer, 57 N.Y.2d 12 (1982), adjudicated by the Court of...

Reasonable Suspicion Standards in Public Place Searches: The People v. Auletta

Date: Jun 25, 1982

Reasonable Suspicion Standards in Public Place Searches: The People v. Auletta Introduction The People of the State of New York v. Raymond Auletta, 88 A.D.2d 867 (1982), adjudicated by the Appellate...

Establishing the Boundaries of Lesser Included Offenses in New York Penal Law: People v. Leonard Green

Date: Jun 24, 1982

Establishing the Boundaries of Lesser Included Offenses in New York Penal Law: People v. Leonard Green Introduction People v. Leonard Green, 56 N.Y.2d 427 (1982), is a landmark decision by the Court...

Balancing Filing Obligations and Investigatory Powers: The Precedent Set by Matter of GONKJUR Associates v. Abrams

Date: Jun 23, 1982

Balancing Filing Obligations and Investigatory Powers: The Precedent Set by Matter of GONKJUR Associates v. Abrams Introduction The case of GONKJUR ASSOCIATES et al. v. ROBERT ABRAMS, as...

Establishing Knowledge and Participation in Fraudulent Schemes: The People v. Lynne Ford

Date: Jun 23, 1982

Establishing Knowledge and Participation in Fraudulent Schemes: The People v. Lynne Ford Introduction The People of the State of New York v. Lynne Ford (88 A.D.2d 859, 1982) is a pivotal case...