New York Case Commentaries

Reaffirming the Accomplice Corroboration Requirement: The People v. Cona et al.

Date: Dec 14, 1979

Reaffirming the Accomplice Corroboration Requirement: The People v. Cona et al. Introduction In the landmark case The People of the State of New York v. William Cona et al., the Court of Appeals of...

Establishing the Standard of Reasonable Care in Legal Malpractice: Parksville Mobile Modular v. Fabricant

Date: Dec 4, 1979

Establishing the Standard of Reasonable Care in Legal Malpractice: Parksville Mobile Modular v. Fabricant Introduction Parksville Mobile Modular, Inc., Respondent, v. Herbert S. Fabricant et al. is a...

Certainty Standards for Expert Medical Testimony: Lloyd Matott v. Charles L. Ward et al.

Date: Nov 30, 1979

Certainty Standards for Expert Medical Testimony: Lloyd Matott v. Charles L. Ward et al. Introduction Lloyd Matott v. Charles L. Ward et al. is a landmark case decided by the Court of Appeals of the...

Enforceability of Exculpatory Clauses in Recreational Training: Gross v. Sweet

Date: Nov 30, 1979

Enforceability of Exculpatory Clauses in Recreational Training: Gross v. Sweet Introduction Gross v. Sweet is a landmark case decided by the Court of Appeals of the State of New York on November 29,...

Establishing Collateral Estoppel in Parole Revocation: The Dowdy v. Smith Judgment

Date: Nov 28, 1979

Establishing Collateral Estoppel in Parole Revocation: The Dowdy v. Smith Judgment Introduction The landmark case of People of the State of New York ex rel. Edward Dowdy by Donald H. Zuckerman v....

Reversible Error in Juror Conduct: People v. Brown (48 N.Y.2d 388)

Date: Nov 28, 1979

Reversible Error in Juror Conduct: People v. Brown (48 N.Y.2d 388) Introduction People of the State of New York v. James Brown, 48 N.Y.2d 388 (1979), adjudicated by the Court of Appeals of the State...

Clarity in DUI Statutes: Upholding Section 1192 of New York Vehicle and Traffic Law in People v. Cruz

Date: Nov 21, 1979

Clarity in DUI Statutes: Upholding Section 1192 of New York Vehicle and Traffic Law in People v. Cruz Introduction People of the State of New York v. Hector Cruz (48 N.Y.2d 419) is a pivotal case...

Third-Party Consent in Jointly Occupied Premises: New Precedent in People v. Cosme

Date: Nov 21, 1979

Third-Party Consent in Jointly Occupied Premises: New Precedent in People v. Cosme Introduction People v. Cosme, 48 N.Y.2d 286 (1979), is a landmark decision by the Court of Appeals of the State of...

Public Access to Pretrial Competency Hearings: Westchester Rockland Newspapers, Inc. v. Russell R. Leggett

Date: Nov 21, 1979

Public Access to Pretrial Competency Hearings: Westchester Rockland Newspapers, Inc. v. Russell R. Leggett Introduction The case of Westchester Rockland Newspapers, Inc. v. Russell R. Leggett,...

Establishing Standards for Malicious Prosecution: Boose v. City of Rochester

Date: Nov 17, 1979

Establishing Standards for Malicious Prosecution: Boose v. City of Rochester Introduction The case of Gloria J. Boose versus the City of Rochester addresses critical issues surrounding the wrongful...

Exemption Limits Under Section 265.20(a)(3) Penal Law in Weapon Possession Cases: PEOPLE v. PARKER

Date: Oct 31, 1979

Exemption Limits Under Section 265.20(a)(3) Penal Law in Weapon Possession Cases: PEOPLE v. PARKER Introduction People of the State of New York v. Lincoln Parker is a landmark case adjudicated by the...

Insurance Coverage of Punitive Damages in Civil Rights Actions: The Hartford Accident v. Village of Hempstead Decision

Date: Oct 26, 1979

Insurance Coverage of Punitive Damages in Civil Rights Actions: The Hartford Accident v. Village of Hempstead Decision Introduction The case of Hartford Accident and Indemnity Company v. Village of...

Miranda Rights Violation Mandates Vacating Guilty Plea in Harris v. The People of New York

Date: Oct 26, 1979

Miranda Rights Violation Mandates Vacating Guilty Plea in Harris v. The People of New York Introduction Harris v. The People of New York, 48 N.Y.2d 208 (1979), is a landmark decision by the Court of...

Reversing Parental Rights Termination: A Landmark Decision in Permanent Neglect Cases

Date: Oct 24, 1979

Reversing Parental Rights Termination: A Landmark Decision in Permanent Neglect Cases Introduction The case of In the Matter of LEON RR, Alleged to be a Permanently Neglected Child marks a...

Enhancing the Right to Counsel: Restricting Police Interrogation Post-Attorney Involvement in People v. Rogers

Date: Oct 24, 1979

Enhancing the Right to Counsel: Restricting Police Interrogation Post-Attorney Involvement in People v. Rogers Introduction The landmark case of The People of the State of New York v. Herbert L....

Refining Substituted Service Requirements: Distinguishing 'Dwelling Place', 'Usual Place of Abode', and 'Last Known Residence' under CPLR 308 (Subd 4)

Date: Oct 24, 1979

Refining Substituted Service Requirements: Distinguishing 'Dwelling Place', 'Usual Place of Abode', and 'Last Known Residence' under CPLR 308 (Subd 4) Introduction The case of Michele Feinstein et...

Unconstitutional Restrictions on Commercial Speech: People v. Mobil Oil Corporation

Date: Oct 24, 1979

Unconstitutional Restrictions on Commercial Speech: People v. Mobil Oil Corporation Introduction The case of The People of the State of New York v. Mobil Oil Corporation, 48 N.Y.2d 192 (1979),...

Affirmation of the Exclusionary Rule in Parole Revocation Hearings: People ex rel. Piccarillo Case Commentary

Date: Oct 19, 1979

Affirmation of the Exclusionary Rule in Parole Revocation Hearings: People ex rel. Piccarillo Case Commentary Introduction The case of THE PEOPLE OF THE STATE OF NEW YORK ex rel. SALVATORE PICCARILLO...

Admissibility of Prior Criminal Conduct to Prove Identity: People v. Allweiss

Date: Oct 17, 1979

Admissibility of Prior Criminal Conduct to Prove Identity: People v. Allweiss Introduction People of the State of New York v. David Allweiss (48 N.Y.2d 40) is a seminal case adjudicated by the Court...

Establishing Fair and Equitable Equalization Rates: Insights from GERBER v. SBEA

Date: Aug 28, 1979

Establishing Fair and Equitable Equalization Rates: Insights from GERBER v. SBEA Introduction The case of In the Matter of GEORGE S. GERBER, as Supervisor of the Town of Clarkstown, et al.,...