Defining 'Denial of Coverage' under Subdivision 8, Section 167 of the Insurance Law Introduction The case of Michael Zappone et al. v. Home Insurance Company (55 N.Y.2d 131) adjudicated by the Court...
Immunity of Governmental Transit Authorities in Third-Party Assault Cases Introduction The cases of Weiner v. Metropolitan Transportation Authority and Shernov v. New York City Transit Authority...
Ensuring Impartiality: New Precedent on Juror Bias in Blyden v. People of New York Introduction In the landmark case of Blyden v. People of New York, the Court of Appeals of the State of New York...
Custody Modification Without Extraordinary Circumstances: Sharon Friederwitzer v. Elliot Friederwitzer Introduction In the landmark case of Sharon Friederwitzer v. Elliot Friederwitzer (55 N.Y.2d...
Enforcement of Trust Obligations Beyond Beneficiary’s Demise: The Estate of Charles H. Revson Introduction The case of In the Matter of the Estate of Charles H. Revson, Deceased examines the...
Affirming the Automobile Exception under New York’s State Constitution: PEOPLE v. BELTON Introduction In the landmark case of The People of the State of New York v. Roger Belton (55 N.Y.2d 49),...
Ensuring Proper Appraisal and Severance Damages in Property Condemnation: Butler Manor Associates v. City of New York Introduction The case of Butler Manor Associates v. City of New York, adjudicated...
Establishing Actual Malice in Private Defamation Cases: Insights from Hogan v. Herald Company Introduction Michael J. Hogan v. Herald Company, decided on January 29, 1982, by the Appellate Division...
Admissibility of Preliminary Hearing Testimony Under CPL 670.10: Upholding Confrontation Rights Introduction The case of The People of the State of New York v. Pedro Arroyo, decided by the Court of...
Expansion of Nonconforming Use Protections and Distinction between Special Use Permits and Variances: The Biener v. Incorporated Village of Thomaston Decision Introduction The case of Martin B....
Reclassification Standards in Civil Service: Insights from Adelman v. Bahou Introduction The case of Adelman et al. v. Bahou (Indi, 85 A.D.2d 862) is a pivotal judicial decision emanating from the...
Res Judicata and Collateral Estoppel in Multi-Party Arbitration: Insights from Amica Mutual Insurance Co. v. Jones et al. Introduction The case of Amica Mutual Insurance Company versus Theodore Jones...
Legal Commentary: Use of Personal Names in Media as Non-Advertising Content Introduction The case Rona L. Heller v. Family Circle, Inc., et al. (85 A.D.2d 679), adjudicated by the Appellate Division...
Assessing Inconsistent Jury Verdicts in Negligence and Strict Liability Claims: Analysis of Barry v. General Motors Introduction The case of JO A. BARRY, an Infant, et al. v. General Motors...
Limitations on Estoppel Certificates in Criminally Usurious Mortgages Introduction The case of Ludwig Hammelburger et al. v. Foursome Inn Corp. (54 N.Y.2d 580) addressed critical issues surrounding...
Clarifying the Standard for Repugnant Verdicts in Multi-Count Indictments: People v. Tucker Introduction People v. Tucker, 55 N.Y.2d 1 (1981), adjudicated by the Court of Appeals of the State of New...
Reaffirming Executor’s Authority Over Attorney Fee Claims: Estate of James M. O’Hara Introduction The case In the Matter of the Estate of James M. O'Hara, Deceased, decided by the Appellate Division...
Enforceability of Non-Compete Agreements in Employment Contracts: Insights from Borne Chemical Company, Inc. v. Herman Dictrow et al. (85 A.D.2d 646) Introduction The case of Borne Chemical Company,...
Establishing the Scope of Statutory Liens in No-Fault Insurance Claims: Celona v. Aetna Insurance Co. Introduction In Celona v. Aetna Insurance Co. (85 A.D.2d 635), the Appellate Division of the...
Limitations on Section 1983 Claims Against Local Governments: Insights from La Belle v. County of St. Lawrence Introduction The case of Albert La Belle et al. v. County of St. Lawrence et al.,...