New York Case Commentaries

Interpretation of First-Party Benefits Under NY Insurance Law: Kurcsics v. Merchants Mutual Insurance Company

Date: Feb 21, 1980

Interpretation of First-Party Benefits Under NY Insurance Law: Kurcsics v. Merchants Mutual Insurance Company Introduction The case of Otto Kurcsics v. Merchants Mutual Insurance Company, decided by...

Clarifying Grand Jury Instructions and State-wide Standards for Obscenity: New Precedent in The People v. Calbud, Inc.

Date: Feb 15, 1980

Clarifying Grand Jury Instructions and State-wide Standards for Obscenity: New Precedent in The People v. Calbud, Inc. Introduction The People of the State of New York v. Calbud, Inc. is a...

Tax Exemption Limits for Property Leased Between Charitable Organizations: Insights from Sisters of Saint Joseph v. City of New York

Date: Feb 15, 1980

Tax Exemption Limits for Property Leased Between Charitable Organizations: Insights from Sisters of Saint Joseph v. City of New York Introduction Sisters of Saint Joseph v. City of New York is a...

Establishing Jurisdiction Limits over Foreign Entities and Enforceability of Forum Selection Clauses: Fantis Foods v. Standard Importing

Date: Feb 15, 1980

Establishing Jurisdiction Limits over Foreign Entities and Enforceability of Forum Selection Clauses: Fantis Foods, Inc. v. Standard Importing Co., Inc. Introduction Fantis Foods, Inc. v. Standard...

Reed-Prentice v Robinson: Limiting Manufacturers' Liability in the Face of Third-Party Modifications

Date: Feb 15, 1980

Reed-Prentice v. Robinson: Limiting Manufacturers' Liability in the Face of Third-Party Modifications Introduction In the landmark case of Reed-Prentice Division of Package Machinery Company v....

Affirmation of Prohibition on Lesser Included Offenses in Drug Sale Convictions

Date: Feb 13, 1980

Affirmation of Prohibition on Lesser Included Offenses in Drug Sale Convictions Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v. CYNTHIA SCARBOROUGH and CALVIN CODRINGTON, decided on...

Ernest Davis Case: Reappraising Justification in Self-Defense and Attempted Robbery

Date: Feb 12, 1980

Ernest Davis Case: Reappraising Justification in Self-Defense and Attempted Robbery Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK v. ERNEST DAVIS (74 A.D.2d 607) adjudicated by the...

Authentication of Telephone Evidence and Spontaneous Statements in Criminal Trials Reaffirmed

Date: Jan 16, 1980

Authentication of Telephone Evidence and Spontaneous Statements in Criminal Trials Reaffirmed Introduction In the landmark case The People of the State of New York v. Julius Lynes (49 N.Y.2d 286),...

Admissibility of Prior Conduct in Rebutting Insanity Defense: Insights from Santarelli v. People

Date: Jan 16, 1980

Admissibility of Prior Conduct in Rebutting Insanity Defense: Insights from Santarelli v. People Introduction Santarelli v. People (49 N.Y.2d 241) is a landmark decision by the Court of Appeals of...

Protections Following Invocation of Right to Counsel: The Cunningham Ruling

Date: Jan 16, 1980

Protections Following Invocation of Right to Counsel: The Cunningham Ruling Introduction In the landmark case of The People of the State of New York v. Frederick Cunningham (49 N.Y.2d 203, 1980), the...

Recognition of Gas as Property under New York Penal Law: Implications from PEOPLE v. NEISS

Date: Jan 15, 1980

Recognition of Gas as Property under New York Penal Law: Implications from PEOPLE v. NEISS Introduction The People of the State of New York v. Bencion Neiss (73 A.D.2d 938), decided by the Appellate...

Clarifying Partnership Obligations and Cross Claims: Insights from EISERT v. ERMCO ERECTORS, INC.

Date: Jan 15, 1980

Clarifying Partnership Obligations and Cross Claims: Insights from EISERT v. ERMCO ERECTORS, INC. Introduction The case of James J. Eisert et al. v. Ermco Erectors, Inc., Heavy Lift Equipment Corp....

Right to Retained Counsel in Criminal Proceedings: Insights from PEOPLE v. ARROYAVE

Date: Jan 11, 1980

Right to Retained Counsel in Criminal Proceedings: Insights from PEOPLE v. ARROYAVE Introduction People of the State of New York v. Luis Arroyave (49 N.Y.2d 264) is a landmark decision by the Court...

Clarifying Intent Requirements in Burglary Charges: People v. Mackey

Date: Jan 11, 1980

Clarifying Intent Requirements in Burglary Charges: People v. Mackey Introduction People of the State of New York v. Herbert E. Mackey is a pivotal case decided by the Court of Appeals of the State...

Time-Barred Declaratory Judgment Actions in Medicaid Reimbursement Adjustments

Date: Jan 9, 1980

Time-Barred Declaratory Judgment Actions in Medicaid Reimbursement Adjustments Introduction The case of Annie Solnick et al. v. Robert P. Whalen, decided by the Court of Appeals of the State of New...

Legal Commentary: Custodial Detention and Consent in People v. Patterson

Date: Jan 8, 1980

Custodial Detention and Consent: An Analysis of People v. Patterson (73 A.D.2d 922) Introduction The case of The People of the State of New York v. James D. Patterson (73 A.D.2d 922) presents a...

Indemnity Obligations Under Sidetrack Agreements: Analysis of Baker v. Northeastern Industrial Park

Date: Dec 21, 1979

Indemnity Obligations Under Sidetrack Agreements: Analysis of Baker et al. v. Northeastern Industrial Park, Inc. (73 A.D.2d 753) Introduction The case of George P. Baker et al., as Trustees of the...

COOPER v. MORIN: Affirming Pretrial Detainee's Right to Reasonable Contact Visitation Under New York State Constitution

Date: Dec 20, 1979

COOPER v. MORIN: Affirming Pretrial Detainee's Right to Reasonable Contact Visitation Under New York State Constitution Introduction The case of Cooper et al. v. Morin (49 N.Y.2d 69), adjudicated by...

Defendant's Restrictions on Accessing Police Personnel Records for Impeachment: Insights from People v. Gissendanner

Date: Dec 18, 1979

Defendant's Restrictions on Accessing Police Personnel Records for Impeachment: Insights from People v. Gissendanner Introduction People v. Gissendanner, decided by the Court of Appeals of the State...

Revisiting Conspiracy and Accessorial Liability: Insights from People v. McGee et al.

Date: Dec 18, 1979

Revisiting Conspiracy and Accessorial Liability: Insights from People v. McGee et al. Introduction People v. McGee, Edwards, Tolliver, Quamina, and Waters, 49 N.Y.2d 48 (1979), adjudicated by the...