Bulletin Table of Contents: 1995-1999

For a brief listing by topic click here.

In re World Trade Center Bombing Litigation. Steering Committee v. The Port Authority of New York and New Jersey.

Decided Feb. 16, 1999         1. Whether a public entity acting in a quasi-private capacity can invoke the public interest privilege.

        2. Whether a court should apply a factual balancing test in evaluating the application of the privilege.

        1. Yes. A public entity acting in a quasi-private capacity may invoke the public interest privilege.

        2. Yes. An in camera review should be held to determine
whether the public interest privilege applies to the specific facts at issue.

In re Bernard T.

Decided Feb. 11, 1999

In re Benjamin L.

Decided Feb. 11, 1999

Hynes v. Tomei; Relin v. Mateo

Decided on Dec. 22, 1998

Adirondack League Club v. Sierra Club

Decided on Dec. 17, 1998         1. Whether recreational use of a river is a relevant factor in determining if the river is navigable in fact.

        2. Whether questions of fact remain, rendering summary judgment inappropriate.

        3. Whether the 1948 decision of the Board of the Black River Regulations District that the South Branch of the Moose River was not navigable precluded relitigation of the issue by the parties in the current action.

        1. Yes. Recreational use of a river is a relevant factor in the determination of whether a river is navigable in fact.

        2. Yes. Issues of material fact remain which must be determined by a trier of fact, rendering summary judgment inapplicable.

        3. No. The parties are not collaterally estopped from litigating the issue of navigability of the South Branch since the Board's 1948 decision was remitted with direction to dismiss the petitions as moot.

People v. Smith

Decided Dec. 17, 1998

People v. LaFontaine

Decided Dec. 3, 1998         1. Whether the Appellate Division was beyond the scope of its authority when it adopted alternative grounds supporting the lower court's decision in a criminal proceeding, which, although raised at trial, were not properly prescribed for review.

        2. Whether the Appellate Division correctly determined that the trial court erred when it found authorization existed for New Jersey police officers to execute a federal arrest warrant.

Mental Hygiene Legal Service ex rel. Aliza K. v. Ford

Decided Dec. 3, 1998         1. Whether the case should be dismissed because during the course of litigation the Supreme Court ordered Plaintiff's release from OMH, rendering the case moot.

Cohens v. Hess

Decided Dec. 1, 1998

Norcon Power Partners v. Niagara Mohawk Power Corp.

Decided Dec. 1, 1998

Jefferson Insurance Co. of New York v. Travelers Indemnity Co.

Decided Oct. 27, 1998         1. Whether under the terms of the lessee's general/contractual liability policy, its bodily injury policy, and/or its business auto policy the lessor is an insured entity.

        2. Whether the antisubrogation rule promulgated in Pennsylvania General Insurance Co. v. Austin Powder Co. (68 N.Y.2d 465 (N.Y. 1986)) bars a claim of indemnity by an excess and primary carrier of insurance purchased by the owner of a leased van against the lessee's carrier.

        1. Yes. Under the terms of the contract at issue, an ordinary business entity could reasonably expect that the lessor was
covered under the endorsements to the business auto policy at issue. Given the insurer's failure to timely disclaim any
purported exclusion, the terms of the contract must be construed against the insurer.

        2. Yes. The antisubrogation rule promulgated in Pennsylvania General Insurance Co. v. Austin Powder Co. (68 N.Y.2d
465 (N.Y. 1986)) bars a claim of indemnity by an excess and primary carrier of insurance purchased by the owner of a
leased van against the lessee's carrier.

Aeneas McDonald Police Benevolent Association, Inc. v. City of Geneva

Decided Oct. 20, 1998

Bethel v. New York Transit Authority

Decided Oct. 15, 1998

Mowczan v. Bacon, et al.

Decided Oct. 15, 1998

Drattel v. Toyota Motor Corp.

Decided on June 16, 1998

Saratoga Harness Racing, Inc. v. Williams

Decided on June 9, 1998         1. Whether the comparable lease income method of valuation is a permissible method of valuation for owner occupied property.

        2. Whether racetrack property qualifies as "specialty" property.

        1. Yes. The comparable lease income method, generally used to  determine the "market rent" component of the income capitalization formula to real property valuation, is an appropriate valuation method for owner occupied property given that "market rent" assumes either the existence of a subject property lease or the inaccuracy of an actual lease in reflecting the true market value.

        2. No. Racetracks are disqualified from the "specialty" property category because sales of over thirty racetracks in the United States between 1984 and 1992 prevent racetrack property from meeting the prerequisite that there be no market for the type of property at issue and no sales of property for uses such as those at issue.

People v. Hidalgo

Decided on June 4, 1998

Rooney v. Tyson

Decided on June 4, 1998

Golf v. New York State Dep't of Soc. Servs.

Decided April 2, 1998

Rizzuto v. L.A. Wenger Contracting Co., Inc.

Decided March 31, 1998

People v. Miller

Decided March 31, 1998

People v. Russell

Decided February 11, 1998

Union College v. Schenectady City Council

Decided December 18, 1997

Johnson v. Pataki

Decided December 4, 1997

Mastroianni v. County of Suffolk

Decided December 2, 1997

Insurance Co. of N. Am. v. ABB Power Generation, Inc.

Decided November 25, 1997

DeJesus v. DeJesus

Decided October 30, 1997

Raritan Dev. Corp. v. Silva

Decided October 28, 1997

Tenuto v. Lederle Laboratories

Decided October 23, 1997

La Torre v. Genesee Mgmt. Inc.

Decided October 21, 1997

Gaines v. New York State Div. of Hous. and Community Renewal

Decided October 16, 1997

People v. Nieves

Decided July 1, 1997

American Home Assur. Co. v. International Ins. Co.

Decided June 17, 1997

Getty Petroleum Corp. v. American Express Travel Related Servs. Co.

Decided June 12, 1997

People v. Machado

Decided June 10, 1997

People v. Turriago

Decided May 13, 1997

People v. Alamo Rent A Car

Decided March 27, 1997

People v. Robinson

Decided March 27, 1997

Soon Duck Kim v. City of New York

Decided February 18, 1997

Gazza v. New York State Dep't of Envtl. Conservation

Decided February 18, 1997

Wetherill v. Eli Lilly & Co.

Decided February 11, 1997

Douglaston Manor, Inc. v. Bahrakis

Decided February 11, 1997

Sinker v. Sweeney

Decided February 6, 1997

Haggerty v. Himelein

Decided February 6, 1997

People v. Ramirez

Decided December 20, 1996

Funk v. Barry

Decided December 19, 1996

Lunding v. Tax Appeals Tribunal

Decided December 18, 1996

Weiner v. Lenox Hill Hosp.

Decided November 19, 1996

Brown v. State of New York

Decided November 19, 1996

People v. Knowles

Decided October 22, 1996

Tekni-Plex v. Meyner & Landis

Decided October 22, 1996

New York City Transit Auth. v. New York, Executive Dep't, Div. of Human Rights & Mary Myers

Decided October 22, 1996

Guice v. Charles Schwab & Co.

Decided October 17, 1996

Dawson v. White & Case

Decided October 17, 1996

Cahill v. Rosa

Decided October 15, 1996

Juarez v. Wavecrest Management Team Ltd.

Decided July 2, 1996

Symphony Space, Inc. v. Pergola Properties, Inc.

Decided June 13, 1996

Griffin v. Coughlin

Decided June 11, 1996.

Adams v. New York Transit Auth.

Decided May 2, 1996

People v. McNair

Decided April 4, 1996

Archbishop Walsh High Sch. v. Section VI of the N.Y. State Pub. High Sch. Athletic Ass'n, Inc.

Decided April 2, 1996

People v. Page

Decided April 2, 1996

Davis v. Brown

Decided March 28, 1996

Gernatt Asphalt Prods., Inc. v. Town of Sardinia

Decided March 28, 1996

People v. Laureano

Decided March 26, 1996

Tropea v. Tropea

Decided March 26, 1996

Brooke Group Ltd. v. JCH Syndicate 488

Decided March 21, 1996

Parma Tile Mosaic & Marble Co. v. Short

Decided February 20, 1996

Matter of Y.K. (Anonymous)

Decided February 15, 1996

A.J. Temple Marble & Tile, Inc. v. Union Carbide Marble Care, Inc.

Decided February 13, 1996

Graby v. Graby

Decided February 8, 1996

Matter of Delany

Decided February 8, 1996

People v. Smith

Decided February 8, 1996

Campaign for Fiscal Equity, Inc. v. Marino

Decided December 28, 1995

Dalton v. Educational Testing Serv.

Decided December 7, 1995

People v. Miller

Decided December 7, 1995

Denny v. Ford Motor Co.

Decided December 5, 1995

Rothstein v. Tennessee Gas Pipeline Co.

Decided November 30, 1995

People v. Allen

Decided November 2, 1995

Matter of Jacob Roseanne M. A.

Decided November 2, 1995

Fleet Factors Corp. v. Bandolene Indus. Corp.

Decided October 31, 1995

Committee of Interns & Residents v. Dinkins

Decided October 26, 1995

North Shore Univ. Hosp. v. Rosa

Decided October 24, 1995

De Petris v. Union Settlement Ass'n

Decided October 24, 1995

Sasso v. Osgood

Decided October 19, 1995

Scott v. Massachusetts Mut. Life Ins. Co.

Decided October 19, 1995

Hackett v. Milbank, Tweed, Hadley & McCloy

Decided July 5, 1995

Campaign for Fiscal Equity v. State

Decided June 15, 1995

Bourquin v. Cuomo

Decided June 13, 1995