New York Case Commentaries

East River Savings Bank v. Albert L. Sutton: Establishing Clear Standards for Summary Judgment in Contractual Commission Disputes

Date: May 12, 1982

East River Savings Bank v. Albert L. Sutton: Establishing Clear Standards for Summary Judgment in Contractual Commission Disputes Introduction The case of Albert L. Sutton, as Executor of Leon A....

Establishing Concerted Action Liability in Pharmaceutical Product Liability: Bichler v. Eli Lilly

Date: May 12, 1982

Establishing Concerted Action Liability in Pharmaceutical Product Liability Introduction The landmark case of Bichler v. Eli Lilly and Company, 55 N.Y.2d 571 (1982), addressed significant issues in...

Impeachment of Defendant’s Credibility Through Prior Sexual Offense: The People v. Bennette

Date: May 12, 1982

Impeachment of Defendant’s Credibility Through Prior Sexual Offense: The People v. Bennette (56 N.Y.2d 142) Introduction The People of the State of New York v. James Bennette is a landmark case...

Enhancing the Right to Counsel: Insights from The People of New York v. Joseph Jones

Date: Apr 14, 1982

Enhancing the Right to Counsel: Insights from The People of New York v. Joseph Jones Introduction The People of the State of New York v. Joseph Jones is a landmark case decided by the Appellate...

Admissibility of Child Witness Statements and Standards for Identification Testimony: Insights from People v. Bici

Date: Apr 13, 1982

Admissibility of Child Witness Statements and Standards for Identification Testimony: Insights from People v. Bici Introduction People of the State of New York v. Mehmet Bici, 87 A.D.2d 844...

Limits on Redirect Examination: Establishing Boundaries in Admitting Hearsay Evidence

Date: Apr 8, 1982

Limits on Redirect Examination: Establishing Boundaries in Admitting Hearsay Evidence Introduction The case of The People of the State of New York v. Israel Melendez (55 N.Y.2d 445) presents a...

Right to Counsel Not Required at Investigatory Lineups Before Formal Adversary Proceedings: Comprehensive Analysis of People v. Hawkins et al.

Date: Apr 8, 1982

Right to Counsel Not Required at Investigatory Lineups Before Formal Adversary Proceedings: Comprehensive Analysis of People v. Hawkins et al. Introduction In the landmark case of The People of the...

Balancing Privacy and Press: Clarifying the Scope of Commercial Exploitation in Journalistic Publications

Date: Apr 8, 1982

Balancing Privacy and Press: Clarifying the Scope of Commercial Exploitation in Journalistic Publications Introduction In the landmark case Clarence W. Arrington v. The New York Times Company et al.,...

Tucker v. Tucker: Establishing Categorical Boundaries for Equitable Distribution in Divorce Actions

Date: Apr 7, 1982

Tucker v. Tucker: Establishing Categorical Boundaries for Equitable Distribution in Divorce Actions Introduction Tucker v. Tucker, 55 N.Y.2d 378 (1982), adjudicated by the Court of Appeals of the...

Apportionment of Sidewalk Maintenance Liability: Rejection of the Special Benefit Rule in D'Ambrosio v. City of New York

Date: Apr 7, 1982

Apportionment of Sidewalk Maintenance Liability: Rejection of the Special Benefit Rule in D'Ambrosio v. City of New York Introduction In the landmark case of Diane M. D'Ambrosio, an Infant, by Her...

Affirmation of Housing Division's Discretion in Setting Rent Control Maximums: Ubl v. Goldman

Date: Apr 6, 1982

Affirmation of Housing Division's Discretion in Setting Rent Control Maximums: Ubl v. Goldman Introduction The case of Edward Ubl v. Joseph B. Goldman, adjudicated by the Appellate Division of the...

Establishing Tax Exemption Standards for Nonprofit Conservation Entities: Insights from New York Botanical Garden v. Assessors of the Town of Washington

Date: Apr 2, 1982

Establishing Tax Exemption Standards for Nonprofit Conservation Entities: Insights from New York Botanical Garden v. Assessors of the Town of Washington Introduction The case of New York Botanical...

Affirming Trial Court's Duty in Clarifying 'Reasonable Doubt' and Upholding Independent Basis for Witness Identifications in Malloy v. People

Date: Mar 31, 1982

Affirming Trial Court's Duty in Clarifying 'Reasonable Doubt' and Upholding Independent Basis for Witness Identifications in Malloy v. People Introduction In the landmark case of The People of the...

Establishing Corporate Presence for Jurisdiction Under CPLR 301: LAUFER v. OSTROW et al.

Date: Mar 31, 1982

Establishing Corporate Presence for Jurisdiction Under CPLR 301: LAUFER v. OSTROW et al. Court of Appeals of the State of New York, 1982 Introduction JEROME LAUFER, Respondent, v. IRA OSTROW et al.,...

Authority and Due Process in Quasi-Military Organizations: Rivera v. Beekman

Date: Mar 31, 1982

Authority and Due Process in Quasi-Military Organizations: Rivera v. Beekman Introduction Rivera v. Beekman is a landmark case adjudicated by the Appellate Division of the Supreme Court of New York,...

Emergency Doctrine in Negligence: Analysis of Ferrer v. Harris et al.

Date: Mar 26, 1982

Emergency Doctrine in Negligence: Analysis of Ferrer v. Harris et al. Introduction Ferrer v. Harris et al., 55 N.Y.2d 285 (1982), is a landmark case decided by the Court of Appeals of the State of...

Personal Jurisdiction Over Foreign Banks Requires Active Business Presence: Punjab Sind Bank, Ltd. v. Bankers Trust Company

Date: Mar 19, 1982

Personal Jurisdiction Over Foreign Banks Requires Active Business Presence: Punjab Sind Bank, Ltd. v. Bankers Trust Company Introduction The case of Punjab Sind Bank, Ltd. v. Bankers Trust Company...

Ineffectual Reservations of Appeal Rights in Conditional Pleas: Di Raffaele v. New York

Date: Feb 24, 1982

Ineffectual Reservations of Appeal Rights in Conditional Pleas: Di Raffaele v. New York Introduction The case People of the State of New York v. Rosario S. Di Raffaele (55 N.Y.2d 234) adjudicated by...

Determining the Commencement of the Four-Month Limitations Period in Article 78 Proceedings

Date: Feb 24, 1982

Determining the Commencement of the Four-Month Limitations Period in Article 78 Proceedings Introduction The case of Thomas De Milio v. William G. Borghard, Commissioner of the Department of...

Reversal of Contributory and Comparative Negligence as Defenses under NY Labor Law §241 Subdivision 6

Date: Feb 19, 1982

Reversal of Contributory and Comparative Negligence as Defenses under NY Labor Law §241 Subdivision 6 Introduction In the landmark case Ernest A. Long, Jr. v. Forest-Fehlhaber, decided by the Court...