New York Case Commentaries

Custody Jurisdiction and the Primacy of Children's Best Interests: Insights from Dagher v. Dagher

Date: Jun 18, 1982

Custody Jurisdiction and the Primacy of Children's Best Interests: Insights from Dagher v. Dagher Introduction Dagher v. Dagher is a landmark case adjudicated by the Court of Appeals of the State of...

Compelling Blood Samples in Homicide Investigations: Balancing Fourth Amendment Rights and Law Enforcement Needs

Date: Jun 18, 1982

Compelling Blood Samples in Homicide Investigations: Balancing Fourth Amendment Rights and Law Enforcement Needs Introduction The case of In the Matter of an Investigation into the Death of Abe A....

Sovereign Immunity and the Limitation on Punitive Damages: SHARAPATA v. TOWN OF ISLIP

Date: Jun 18, 1982

Sovereign Immunity and the Limitation on Punitive Damages: SHARAPATA v. TOWN OF ISLIP Introduction The case of Richard Sharapata, an Infant, by His Mother and Natural Guardian, Arlene Sharapata, et...

Pierson v. City of New York: Strict Limits on Extensions for Notice of Claim

Date: Jun 18, 1982

Pierson v. City of New York: Strict Limits on Extensions for Notice of Claim Introduction The case of Pierson v. City of New York, alongside Moore v. City of New York and Tarquinio v. City of New...

Continuous Treatment and Statute of Limitations in New York Medical Malpractice: McDERMOTT v. TORRE et al.

Date: Jun 16, 1982

Continuous Treatment and Statute of Limitations in New York Medical Malpractice: McDERMOTT v. TORRE et al. Introduction McDERMOTT v. TORRE et al. is a pivotal case adjudicated by the Court of Appeals...

Strict Enforcement of Procedural Deadlines in Litigation: Eaton v. Equitable Life Assurance Society

Date: Jun 16, 1982

Strict Enforcement of Procedural Deadlines in Litigation: Eaton v. Equitable Life Assurance Society Introduction Eaton v. Equitable Life Assurance Society of the United States, Inc. is a seminal case...

Defining Custodial Interrogation: Insights from People v. Brian Biggs

Date: Jun 15, 1982

People v. Brian Biggs: Establishing Custodial Status and the Suppression of Illegally Obtained Confessions Introduction People of the State of New York v. Brian Biggs, 88 A.D.2d 960 (1982), is a...

Establishing Notice Requirements for Post-Answer Jurisdictional Defenses: Analysis of CLOUD RICH v. ALBERT M. LEFKOVITS

Date: Jun 11, 1982

Establishing Notice Requirements for Post-Answer Jurisdictional Defenses: Analysis of Cloud Rich v. Albert M. Lefkovits Introduction Cloud Rich v. Albert M. Lefkovits, 56 N.Y.2d 276 (1982), is a...

Enforcement of Easement Landscaping Rights and Limitations on Civil Contempt Remedies: Insights from Ellenberg v. Brach

Date: Jun 2, 1982

Enforcement of Easement Landscaping Rights and Limitations on Civil Contempt Remedies: Insights from Ellenberg v. Brach Introduction The case of Harold Ellenberg v. Samuel Brach, 88 A.D.2d 899...

Reaffirming Family Court's Authority to Modify Child Support Orders Based on Children's Best Interests

Date: May 21, 1982

Reaffirming Family Court's Authority to Modify Child Support Orders Based on Children's Best Interests Introduction The case of In the Matter of ANNE S. BRESCIA, Appellant, v. PETER C. FITTS,...

Confrontation Rights and Hearsay Exceptions: Insights from People v. Sheldon Sanders

Date: May 19, 1982

Confrontation Rights and Hearsay Exceptions: Insights from People v. Sheldon Sanders Introduction The case of The People of the State of New York v. Sheldon Sanders (56 N.Y.2d 51), adjudicated by the...

Affirmation of Rescission Cause and Continuous Treatment Doctrine in Attorney-Client Fiduciary Breach

Date: May 19, 1982

Affirmation of Rescission Cause and Continuous Treatment Doctrine in Attorney-Client Fiduciary Breach Introduction The case of Helen C. Greene v. Theodore J. Greene (56 N.Y.2d 86, 1982) addresses...

Extinguishment of Easement Rights in Condemnation Proceedings: Ossining Urban Renewal Agency v. Pine Top Building Corp.

Date: May 18, 1982

Extinguishment of Easement Rights in Condemnation Proceedings: Ossining Urban Renewal Agency v. Pine Top Building Corp. Introduction The case of Ossining Urban Renewal Agency v. Pine Top Building...

Consolidation of Indictments: Upholding Judicial Discretion in People v. Lane and Wells

Date: May 14, 1982

Consolidation of Indictments: Upholding Judicial Discretion in People v. Lane and Wells Introduction People of the State of New York v. George Mark Lane and Michael Wells, 56 N.Y.2d 1 (1982),...

Reevaluating Child Custody Based on Best Interests: Insights from Eschbach v. Eschbach

Date: May 14, 1982

Reevaluating Child Custody Based on Best Interests: Insights from Eschbach v. Eschbach Introduction Eschbach v. Eschbach, decided by the Court of Appeals of the State of New York on May 13, 1982,...

Affirmative Defense of Waiver in Mortgage Foreclosure: Insights from Nassau Trust Co. v. Montrose Concrete Products Corp.

Date: May 14, 1982

Affirmative Defense of Waiver in Mortgage Foreclosure: Insights from Nassau Trust Co. v. Montrose Concrete Products Corp. Introduction The case of Nassau Trust Company v. Montrose Concrete Products...

Municipal Liability in Snow and Ice Removal: Timing as a Critical Determinant

Date: May 14, 1982

Municipal Liability in Snow and Ice Removal: Timing as a Critical Determinant Introduction The case of Rita Valentine v. City of New York addresses the critical issue of municipal responsibility in...

Capital Telephone Co. v. Pattersonville Telephone Co.: Donnelly Act Claims Not Barred by PSC Dismissal

Date: May 14, 1982

Capital Telephone Co. v. Pattersonville Telephone Co.: Donnelly Act Claims Not Barred by PSC Dismissal Introduction Capital Telephone Company, Inc. v. Pattersonville Telephone Company, Inc. is a...

Causation and Treatment Continuity in Line-of-Duty Disability Pension Claims: Carey v. McGuire

Date: May 14, 1982

Causation and Treatment Continuity in Line-of-Duty Disability Pension Claims: Carey v. McGuire Introduction The case of Charles J. Carey v. Robert McGuire, as Police Commissioner of City of New York...

Forfeiture of Appellate Review Rights Following Guilty Plea: Insights from People v. Petgen

Date: May 12, 1982

Forfeiture of Appellate Review Rights Following Guilty Plea: Insights from People v. Petgen Introduction People of the State of New York v. Albert Bennett Petgen (55 N.Y.2d 529), decided by the Court...