New York Case Commentaries

Admissibility of Postaccident Design Changes in Strict Products Liability: Caprara v. Chrysler Corporation

Date: Jan 21, 1981

Admissibility of Postaccident Design Changes in Strict Products Liability: Caprara v. Chrysler Corporation Introduction In Fausto Caprara v. Chrysler Corporation, 52 N.Y.2d 114 (1981), the Court of...

Limitations on Emotional Distress Claims in Medical Malpractice: Insights from R.R. Lafferty v. Manhasset Medical Center Hospital

Date: Jan 20, 1981

Limitations on Emotional Distress Claims in Medical Malpractice: Insights from R.R. Lafferty v. Manhasset Medical Center Hospital Introduction The case of Raymond R. Lafferty, as Administrator of the...

Corroboration Requirements for Accomplice Testimony in PEOPLE v. CONA et al.

Date: Jan 20, 1981

Corroboration Requirements for Accomplice Testimony in PEOPLE v. CONA et al. Introduction PEOPLE v. CONA et al., 79 A.D.2d 1006 (1981), is a pivotal case in New York criminal law that addresses the...

Reevaluation of Provisional Public Need Determinations by the Public Health Council: Insights from HAMPTONS HOSPITAL MEDICAL CENTER, INC. v. Norman S. Moore

Date: Jan 16, 1981

Reevaluation of Provisional Public Need Determinations by the Public Health Council: Insights from HAMPTONS HOSPITAL MEDICAL CENTER, INC. v. Norman S. Moore Introduction The case of HAMPTONS HOSPITAL...

Strict Compliance with Notice Requirements in Mortgage Foreclosure: Lewis Lubitz v. Vighneswana Capital Group

Date: Jan 13, 1981

Strict Compliance with Notice Requirements in Mortgage Foreclosure: Lewis Lubitz v. Vighneswana Capital Group Introduction The case of Lewis Lubitz et al. v. Vighneswana Capital Group, Inc. et al....

Interpreting CPL 30.30: Commencement of the Statutory Six-Month Trial Readiness Period

Date: Dec 23, 1980

Interpreting CPL 30.30: Commencement of the Statutory Six-Month Trial Readiness Period Introduction The cases of People v. Haynes and People v. Osgood, adjudicated by the Court of Appeals of the...

Establishing Correct Burden Allocation and Probable Cause Standards in Arrests: People v. Sanders

Date: Dec 23, 1980

Establishing Correct Burden Allocation and Probable Cause Standards in Arrests: People v. Sanders Introduction The case of The People of the State of New York v. Willie Sanders, adjudicated by the...

Collateral Estoppel in Criminal Proceedings: Insights from People v. Plevy

Date: Dec 23, 1980

Collateral Estoppel in Criminal Proceedings: Insights from People v. Plevy Introduction People of the State of New York v. Jules E. Plevy, 52 N.Y.2d 58 (1980), is a pivotal case adjudicated by the...

Indelible Attachment of the Right to Counsel: NY v. Skinner

Date: Dec 23, 1980

Indelible Attachment of the Right to Counsel: PEOPLE v. SKINNER Introduction People v. Harry G. Skinner, 52 N.Y.2d 24 (1980), is a landmark decision by the Court of Appeals of the State of New York...

Scope of Professional Indemnity Insurance: Analysis of Schiff Associates v. Flack

Date: Dec 23, 1980

Scope of Professional Indemnity Insurance: Analysis of Schiff Associates v. Flack Introduction The case of Albert J. Schiff Associates, Inc. v. Alan B. Flack addresses a critical issue in the realm...

Expansion of Privacy Rights: People v. Onofre and the Unconstitutional Nature of Consensual Sodomy Laws

Date: Dec 19, 1980

Expansion of Privacy Rights: People v. Onofre and the Unconstitutional Nature of Consensual Sodomy Laws Introduction In the landmark case of The People of the State of New York v. Ronald Onofre,...

Establishing Probable Cause Through Glassine Envelope Exchanges in High Narcotics Areas

Date: Dec 19, 1980

Establishing Probable Cause Through Glassine Envelope Exchanges in High Narcotics Areas Introduction The landmark decision in People of the State of New York v. Buster McRay (51 N.Y.2d 594) addresses...

Vanguard Holding Corp. v. Friar: Enhancing Class Action Certification and Addressing Economic Duress under CPLR 901(a)

Date: Dec 16, 1980

Vanguard Holding Corp. v. Friar: Enhancing Class Action Certification and Addressing Economic Duress under CPLR 901(a) Introduction The case of Vanguard Holding Corp. v. Friar (78 A.D.2d 83)...

Abandonment of Arbitration Rights in Marshall Construction vs. New York Telephone Co.

Date: Dec 3, 1980

Abandonment of Arbitration Rights in Marshall Construction vs. New York Telephone Co. Introduction The case of New York Telephone Company (NYT) v. Jules V. Speciner, Trustee in Bankruptcy of Marshall...

Prosecutorial Conflict of Interest: The Imperative of Recusal in People v. Zimmer

Date: Nov 26, 1980

Prosecutorial Conflict of Interest: The Imperative of Recusal in People v. Zimmer Introduction People of the State of New York v. Graeme Zimmer is a landmark case adjudicated by the Court of Appeals...

Recognition of Foreign Divorce Decrees and Limits on Challenging Separation Agreements: Greschler v. Greschler

Date: Nov 26, 1980

Recognition of Foreign Divorce Decrees and Limits on Challenging Separation Agreements: Greschler v. Greschler Introduction Helen Greschler, the appellant, filed an action against her husband, Jerome...

Liability in Defamation: Insights from Mahmut Karaduman v. Newsday, Inc.

Date: Nov 26, 1980

Liability in Defamation: Insights from Mahmut Karaduman v. Newsday, Inc. Introduction The case of Mahmut Karaduman v. Newsday, Inc. et al. (51 N.Y.2d 531, 1980) presents a significant examination of...

Establishing Proximate Cause in Construction Site Accidents: Derdiarian v. Felix Contracting Corp.

Date: Nov 21, 1980

Establishing Proximate Cause in Construction Site Accidents: Derdiarian v. Felix Contracting Corp. Introduction The case of Harold Derdiarian et al. v. Felix Contracting Corp., and Consolidated...

Establishing Limits of Criminal Liability in Industrial Accidents: The People v. Warner-Lambert Co.

Date: Nov 21, 1980

Establishing Limits of Criminal Liability in Industrial Accidents: The People v. Warner-Lambert Co. Introduction The case The People of the State of New York v. Warner-Lambert Company, 51 N.Y.2d 295...

CPLR 208 Tolling Applied to Section 50-e Extensions in Cohen v. Pearl River

Date: Nov 19, 1980

CPLR 208 Tolling Applied to Section 50-e Extensions in Cohen v. Pearl River Union Free School District Introduction In the landmark case of Cohen v. Pearl River Union Free School District, decided on...