New York Case Commentaries

Admissibility of Nonidentification Testimony and Adequacy of Preinterrogation Warnings in Criminal Proceedings

Date: Nov 25, 1981

Admissibility of Nonidentification Testimony and Adequacy of Preinterrogation Warnings in Criminal Proceedings Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v. HECTOR GONZALEZ (55...

Preservation of Fair Trial Standards in Galloway v. The People: A Comprehensive Analysis

Date: Nov 25, 1981

Preservation of Fair Trial Standards in Galloway v. The People: A Comprehensive Analysis Introduction Galloway v. The People (54 N.Y.2d 396, 1981) is a landmark case adjudicated by the Court of...

Correction of Sentencing Errors Under Inherent Judicial Power: PEOPLE v. MINAYA

Date: Nov 25, 1981

Correction of Sentencing Errors Under Inherent Judicial Power: PEOPLE v. MINAYA Introduction Case: The People of the State of New York, Appellant, v. Esteban Minaya, Respondent. Court: Court of...

Clarifying Probable Cause Standards in Street Encounters: People v. Carrasquillo

Date: Nov 24, 1981

Clarifying Probable Cause Standards in Street Encounters: People v. Carrasquillo Introduction People v. Carrasquillo, 54 N.Y.2d 248 (1981), is a landmark decision by the Court of Appeals of the State...

Lloyd Paperno v. The People: New Standards for Prosecutorial Recusal in Pretrial Conduct

Date: Nov 24, 1981

Lloyd Paperno v. The People of the State of New York: Establishing the Standard for Prosecutorial Recusal Based on Pretrial Conduct Introduction Lloyd Paperno v. The People of the State of New York,...

Affirmation of Res Judicata in Consecutive Litigation: Smith v. Russell Sage College

Date: Nov 20, 1981

Affirmation of Res Judicata in Consecutive Litigation: Smith v. Russell Sage College Introduction The case of Russell J. Smith v. Russell Sage College (54 N.Y.2d 185) is a landmark decision by the...

Enforcement of Unconditional Guarantees and Summary Judgment Standards in Mastan Company, Inc. v. Steve Weil

Date: Oct 30, 1981

Enforcement of Unconditional Guarantees and Summary Judgment Standards in Mastan Company, Inc. v. Steve Weil Introduction Mastan Company, Inc. v. Steve Weil, 84 A.D.2d 657 (N.Y. App. Div. 1981), is a...

Effective Assistance of Counsel in Complex Defense Strategies: Insights from People v. Baldi

Date: Oct 30, 1981

Effective Assistance of Counsel in Complex Defense Strategies: Insights from People v. Baldi Introduction People v. Baldi (54 N.Y.2d 137), adjudicated by the Court of Appeals of the State of New York...

Revisiting Fiduciary Compensation and Burden of Proof: Insights from the Estates of Herman C. Smith and Cecile L. Smith

Date: Oct 30, 1981

Revisiting Fiduciary Compensation and Burden of Proof: Insights from the Estates of Herman C. Smith and Cecile L. Smith Introduction The case of In the Matter of the Estates of Herman C. Smith and...

Affirmation of Bite Mark Evidence Admissibility in Lymus Middleton Case

Date: Oct 28, 1981

Affirmation of Bite Mark Evidence Admissibility in People of the State of New York v. Lymus Middleton Introduction In the landmark case of The People of the State of New York v. Lymus Middleton (54...

Specific Performance Upheld Amid Seller’s Negligent Mistake in Leon Da Silva v. Antonio Musso

Date: Oct 21, 1981

Specific Performance Upheld Amid Seller’s Negligent Mistake in Leon Da Silva v. Antonio Musso Introduction The case of Leon Da Silva, Appellant, v. Antonio Musso et al., Respondents (53 N.Y.2d 543)...

Relation Back Doctrine in CPLR 203: Adapting Statutes of Limitations in Amended Pleadings

Date: Oct 20, 1981

Relation Back Doctrine in CPLR 203: Adapting Statutes of Limitations in Amended Pleadings Introduction The case of Peter Brock v. William Bua and Jaguar Graphics, Inc. (83 A.D.2d 61) adjudicated by...

Establishing Proper Procedures for Personal Jurisdiction and Statute of Limitations in Professional Service Corporation Malpractice Actions

Date: Oct 20, 1981

Establishing Proper Procedures for Personal Jurisdiction and Statute of Limitations in Professional Service Corporation Malpractice Actions Introduction The case of Robert Connell et al. v. Charles...

CPLR 7103 vs. CPLR 5239: Procedural Correctness in Security Interest Enforcement

Date: Aug 25, 1981

CPLR 7103 vs. CPLR 5239: Procedural Correctness in Security Interest Enforcement Introduction The case Bank of New York, Appellant, v. Triangle Meat Provisions Corp. et al. (83 A.D.2d 873)...

Obligations of Insurers in Settling Claims in Good Faith and Pleading Amendments: Insights from MILGO INDUSTRIAL, INC. v. United States Fire Insurance Company

Date: Aug 4, 1981

Obligations of Insurers in Settling Claims in Good Faith and Pleading Amendments: Insights from MILGO INDUSTRIAL, INC. v. United States Fire Insurance Company Introduction The case of Milgo...

Enhancing Noncustodial Parents' Right to Meaningful Visitation in Relocation Cases: Daghir v. Daghir

Date: Jul 28, 1981

Enhancing Noncustodial Parents' Right to Meaningful Visitation in Relocation Cases: Daghir v. Daghir Introduction Daghir v. Daghir is a pivotal case adjudicated by the Appellate Division of the...

Imputed Knowledge and Timely Notice Obligations in Insurance Defense: Holyoke Mutual Insurance Co. v. B.T.B. Realty Corp.

Date: Jul 21, 1981

Imputed Knowledge and Timely Notice Obligations in Insurance Defense: Holyoke Mutual Insurance Co. v. B.T.B. Realty Corp. Introduction The case of Holyoke Mutual Insurance Company v. B.T.B. Realty...

Enforceability of Non-Compete Covenants in Business Sales and Employment Agreements: Analysis of Borne Chemical Company, Inc. v. Herman Dictrow et al.

Date: Jul 21, 1981

Enforceability of Non-Compete Covenants in Business Sales and Employment Agreements: Analysis of Borne Chemical Company, Inc. v. Herman Dictrow et al. Introduction The case of Borne Chemical Company,...

Reassessment of Substantial Evidence in Teacher Dismissal: Altsheler v. Board of Education

Date: Jul 14, 1981

Reassessment of Substantial Evidence in Teacher Dismissal: Altsheler v. Board of Education Introduction Marilyn P. Altsheler, a tenured teacher with approximately 18 years of service in the Great...

Enhancing the Parol Evidence Rule: Marine Midland Bank v. Thurlow Sets New Precedent

Date: Jul 8, 1981

Enhancing the Parol Evidence Rule: Marine Midland Bank v. Thurlow Sets New Precedent Introduction The case of Marine Midland Bank-Southern, Appellant, v. Bradbury K. Thurlow et al., Respondents (53...