New York Case Commentaries

Reaffirming Due Process: Impact of SANDSTROM v. MONTANA on Jury Instructions Regarding Intent

Date: Jun 6, 1980

Reaffirming Due Process: Impact of SANDSTROM v. MONTANA on Jury Instructions Regarding Intent Introduction The cases of People of the State of New York v. Albert Marr and People v. Anthony Getch...

Avco Financial Service of New York Inc. v. State of New York: Reaffirming Validity of Security Clauses under Uniform Commercial Code

Date: Jun 6, 1980

Avco Financial Service of New York Inc. v. State of New York: Reaffirming Validity of Security Clauses under Uniform Commercial Code Introduction In Avco Financial Service of New York Inc. v. State...

Reformation of Construction Contracts and Sales Tax Applicability: Insights from Joseph Davis, Inc. v. James H. Tully et al.

Date: Jun 6, 1980

Reformation of Construction Contracts and Sales Tax Applicability: Insights from Joseph Davis, Inc. v. James H. Tully et al. Introduction The case of Joseph Davis, Inc., Appellant, v. James H. Tully...

Establishing Probable Cause and Suspect Transportation: Insights from People v. Isa Brnja

Date: Jun 4, 1980

Establishing Probable Cause and Suspect Transportation: Insights from People v. Isa Brnja Introduction The case of People of the State of New York v. Isa Brnja, decided by the Court of Appeals of the...

Reaffirmation of the “Beyond a Reasonable Doubt” Standard in Burglary Convictions

Date: Jun 4, 1980

Reaffirmation of the “Beyond a Reasonable Doubt” Standard in Burglary Convictions Introduction In the landmark case of The People of the State of New York v. John Barnes, 50 N.Y.2d 375 (1980), the...

Affirmation of Speedy Trial Denial in CPL 30.30 Context: People v. Lomax

Date: May 30, 1980

Affirmation of Speedy Trial Denial in CPL 30.30 Context: People v. Lomax (50 N.Y.2d 351) Introduction In the landmark case of The People of the State of New York v. James Lomax, adjudicated by the...

Court of Appeals Establishes CPL 30.30 Dismissal Unaffected by Court Congestion

Date: May 30, 1980

Court of Appeals Establishes CPL 30.30 Dismissal Unaffected by Court Congestion Introduction The case of The People of the State of New York v. Melvin Brothers (Also Known as Arthur Every Regan), 50...

Lancaster Silo Block Co. v. Northern Propane Gas Co.: Reinforcing Strict Liability in Product Design Defects

Date: May 24, 1980

Lancaster Silo Block Co. v. Northern Propane Gas Co.: Reinforcing Strict Liability in Product Design Defects Introduction Lancaster Silo Block Company et al. v. Northern Propane Gas Company is a...

Stefan Etterle v. Excelsior Insurance Co.: Affirming Insurable Interest Despite Transfer of Title

Date: May 24, 1980

Stefan Etterle v. Excelsior Insurance Co.: Affirming Insurable Interest Despite Transfer of Title Introduction In the landmark case of Stefan Etterle et al. v. Excelsior Insurance Co. of New York (74...

Broad Indemnification in Property Maintenance Contracts Upheld: Charles Mennes v. Syfeld Management

Date: May 16, 1980

Broad Indemnification in Property Maintenance Contracts Upheld: Charles Mennes v. Syfeld Management Introduction Charles Mennes et al. v. Syfeld Management, Inc. et al. is a landmark case adjudicated...

Substantial Performance and Burden of Proof in Construction Contracts: Analysis of Pilgrim Homes Garages, Inc. v. Fiore

Date: May 13, 1980

Substantial Performance and Burden of Proof in Construction Contracts: Analysis of Pilgrim Homes Garages, Inc. v. Fiore Introduction The case of Pilgrim Homes Garages, Inc. v. Frederick Fiore et al....

Search Warrants and Deputy Sheriff Liability: Insights from Barr v. County of Albany

Date: May 9, 1980

Search Warrants and Deputy Sheriff Liability: Insights from Barr v. County of Albany Introduction The case of Gerilyn Barr et al. v. County of Albany et al., decided by the Court of Appeals of the...

Refining the Boundaries of Criminal Trespass and Disorderly Conduct: Insights from THE PEOPLE OF THE STATE OF NEW YORK v. JAMES MUNAFO, SR.

Date: May 9, 1980

Refining the Boundaries of Criminal Trespass and Disorderly Conduct: Insights from THE PEOPLE OF THE STATE OF NEW YORK v. JAMES MUNAFO, SR. Introduction In the landmark case THE PEOPLE OF THE STATE...

Reaffirmation of Unilateral Conspiracy Liability and Limited Application of Collateral Estoppel in People v. Berkowitz

Date: May 9, 1980

Reaffirmation of Unilateral Conspiracy Liability and Limited Application of Collateral Estoppel in People v. Berkowitz Introduction People v. Berkowitz, 50 N.Y.2d 333 (1980), is a landmark decision...

Use of Prior Silence in Cross-Examination: Dawson v. People of New York

Date: May 7, 1980

Use of Prior Silence in Cross-Examination: Dawson v. People of New York Introduction Dawson v. People of New York, 50 N.Y.2d 311 (1980), is a pivotal case adjudicated by the Court of Appeals of the...

Elwell v. The People of New York: Establishing Stricter Standards for Warrantless Searches Based on Informant Tips

Date: May 7, 1980

Elwell v. The People of New York: Establishing Stricter Standards for Warrantless Searches Based on Informant Tips Introduction Elwell v. The People of New York (50 N.Y.2d 231), adjudicated by the...

Guard-Life Corporation v. S. Parker Hardware Manufacturing Corp.: Establishing Limits on Tortious Interference with Voidable Contracts

Date: May 2, 1980

Guard-Life Corporation v. S. Parker Hardware Manufacturing Corp.: Establishing Limits on Tortious Interference with Voidable Contracts Introduction Guard-Life Corporation v. S. Parker Hardware...

Accrual of Indemnification Claims Under Statute of Limitations: Insights from McDermott v. City of New York

Date: May 2, 1980

Accrual of Indemnification Claims Under Statute of Limitations: Insights from McDermott v. City of New York Introduction The case McDermott v. City of New York, decided by the Court of Appeals of the...

Implications of FASHION PAGE, LTD. v. ZURICH INSURANCE CO.: Expanding the Scope of Service of Process on Corporate Agents

Date: Apr 30, 1980

Implications of FASHION PAGE, LTD. v. ZURICH INSURANCE CO.: Expanding the Scope of Service of Process on Corporate Agents Introduction FASHION PAGE, LTD. v. ZURICH INSURANCE COmpany et al. is a...

Reaffirming Probable Cause and Ensuring Jury Integrity: Insights from People v. Bouton

Date: Apr 30, 1980

Reaffirming Probable Cause and Ensuring Jury Integrity: Insights from People v. Bouton Introduction The case of The People of the State of New York v. Donald Bouton, decided on April 29, 1980, by the...