New York Case Commentaries

Insurance Coverage for Professional Misconduct: Limits Established in Public Service Mutual Insurance Co. v. Saul Goldfarb

Date: Jul 8, 1981

Insurance Coverage for Professional Misconduct: Limits Established in Public Service Mutual Insurance Co. v. Saul Goldfarb Introduction Public Service Mutual Insurance Company v. Saul Goldfarb is a...

Prospective Application of Rush v Savchuk: Revisiting Quasi in Rem Jurisdiction under New York State Law

Date: Jul 8, 1981

Prospective Application of Rush v Savchuk: Revisiting Quasi in Rem Jurisdiction under New York State Law Introduction The case Lucille Gager, et al. v. Ronald L. White, et al., decided by the Court...

Enforceability of Buy-Sell Agreements and Contract Formation through Predefined Valuation Formulas: Insights from the McManus Estate Case

Date: Jul 7, 1981

Enforceability of Buy-Sell Agreements and Contract Formation through Predefined Valuation Formulas: Insights from the McManus Estate Case Introduction The case of In the Matter of the Estate of Leo...

Enforcement of Fiduciary Duties and Statute of Frauds in Partnership Disputes: Lester Pace v. Percy Perk

Date: Jul 7, 1981

Enforcement of Fiduciary Duties and Statute of Frauds in Partnership Disputes: Lester Pace v. Percy Perk (81 A.D.2d 444) Introduction Lester Pace et al., Respondents, v. Percy Perk et al., Appellants...

Conditional Pleas and Forfeiture of Appellate Review: An Analysis of PEOPLE v. THOMAS

Date: Jul 7, 1981

Conditional Pleas and Forfeiture of Appellate Review: An Analysis of PEOPLE v. THOMAS Introduction People of the State of New York v. James Thomas, 53 N.Y.2d 338 (1981), adjudicated by the Court of...

Defining the Duty of Care for Ballpark Proprietors: Scope of Protective Screening in Spectator Safety – Robin Akins v. Glens Falls City School District

Date: Jun 19, 1981

Defining the Duty of Care for Ballpark Proprietors: Scope of Protective Screening in Spectator Safety Robin Akins v. Glens Falls City School District, 53 N.Y.2d 325 (1981) Introduction The case of...

Establishing the Dollar-and-Cents Standard for Use Variances in Zoning Law

Date: Jun 17, 1981

Establishing the Dollar-and-Cents Standard for Use Variances in Zoning Law Introduction The case of In the Matter of the Village Board of the Village of Fayetteville v. Richard Jarrold et al. (53...

Limits of Collateral Estoppel: Applicability to Petty Offenses in Civil Assault Claims

Date: Jun 17, 1981

Limits of Collateral Estoppel: Applicability to Petty Offenses in Civil Assault Claims Introduction The case of David C. Gilberg v. Joseph P. Barbieri, decided by the Court of Appeals of the State of...

Retroactivity of the Right to Counsel: Analyzing People v Pepper and Utter in Light of People v Samuels

Date: Jun 17, 1981

Retroactivity of the Right to Counsel: Analyzing People v Pepper and Utter in Light of People v Samuels Introduction The landmark case People v. Pepper (53 N.Y.2d 213) alongside People v. Utter...

People v. Bartolomeo: Reinforcing the Right to Counsel in Subsequent Arrests

Date: Jun 17, 1981

People v. Bartolomeo: Reinforcing the Right to Counsel in Subsequent Arrests Introduction The case of The People of the State of New York v. Peter Bartolomeo (53 N.Y.2d 225, 1981) addresses critical...

Enhancing Due Process: New State Standards for Pretrial Showup Procedures in People v. Adams

Date: Jun 17, 1981

Enhancing Due Process: New State Standards for Pretrial Showup Procedures in People v. Adams Introduction People of the State of New York v. Robert Adams (53 N.Y.2d 241, 1981) is a pivotal case...

Unification Theological Seminary Charter Denial: Establishing Rigorous Standards for Educational Institutions

Date: Jun 12, 1981

Unification Theological Seminary Charter Denial: Establishing Rigorous Standards for Educational Institutions Introduction The case of In the Matter of MICHAEL Y. WARDER et al., as Proposed First...

Reaffirmation of Valuation Standards in Property Tax Assessment: Economic Approach vs. Reproduction Less Depreciation

Date: Jun 2, 1981

Reaffirmation of Valuation Standards in Property Tax Assessment: Economic Approach vs. Reproduction Less Depreciation Introduction The case of In the Matter of S.S. K. Realty Corp. v. Finance...

Enforcement of Co-operation Clauses in Fire Insurance Policies: Dyno-Bite, Inc. v. Travelers Companies

Date: May 28, 1981

Enforcement of Co-operation Clauses in Fire Insurance Policies: Dyno-Bite, Inc. v. Travelers Companies Introduction Dyno-Bite, Inc., et al. v. Travelers Companies et al., Appellants, and Buffalo...

Preservation of Error in Suppression Hearings: The People v. Donald Jones

Date: May 27, 1981

Preservation of Error in Suppression Hearings: The People v. Donald Jones Introduction The People of the State of New York versus Donald Jones is a landmark decision rendered by the Appellate...

People v. Yut Wai Tom: Valid Waiver of Counsel at Lineup and Judicial Conduct in Ensuring a Fair Trial

Date: May 15, 1981

People v. Yut Wai Tom: Valid Waiver of Counsel at Lineup and Judicial Conduct in Ensuring a Fair Trial Introduction The case of People of the State of New York v. Yut Wai Tom, adjudicated by the...

Enhanced Protections Against Warrantless Home Searches: Insights from People v. Knapp

Date: May 15, 1981

Enhanced Protections Against Warrantless Home Searches: Insights from People v. Knapp Introduction Case: The People of the State of New York, Respondent, v. Warren Joseph Knapp, Appellant. Court:...

Limits on Article 78 Mandamus in Ensuring Trials Before Lawyer-Judges: Analysis of Legal Aid Society v. Judge Scheinman

Date: May 13, 1981

Limits on Article 78 Mandamus in Ensuring Trials Before Lawyer-Judges: Analysis of Legal Aid Society v. Judge Scheinman Introduction In the landmark case Legal Aid Society of Sullivan County, Inc. v....

Clarifying Insurer's Duty to Defend in Defamation and Unfair Competition Claims: Ruder Finn v. Seaboard Surety Company

Date: May 13, 1981

Clarifying Insurer's Duty to Defend in Defamation and Unfair Competition Claims: Ruder Finn v. Seaboard Surety Company Introduction The case of Ruder Finn Incorporated v. Seaboard Surety Company...

Enforceability of Arbitration Clauses in Matrimonial Separation Agreements - Avery v. Avery

Date: May 12, 1981

Enforceability of Arbitration Clauses in Matrimonial Separation Agreements - Avery v. Avery Introduction Martha Avery, Appellant v. Richard Avery, Respondent (81 A.D.2d 849), adjudicated by the...