The Court of Appeals abolished New York's common-law trespasser/licensee/invitee classifications and adopted a single standard of reasonable care under all circumstances governing a landowner's or occupier's duty, with the foreseeability of the plaintiff's presence becoming a primary independent factor in determining…
New York Court of Appeals, 1976
Published opinions from 1976. The case name opens the case page.
1976 opinions
New YorkThe People of the State of New York v. Louis De Bour, Also Known as Louis De John, Appellant the People of the State…
June 15, 197640 N.Y.2d 210
The Court of Appeals affirmed the conviction of Louis De Bour, holding that a police officer may approach a citizen on the street to request information without any indication of criminality so long as there is some articulable, objective credible reason for the interference, and that the officer's request that De…
New YorkIn the Matter of Olga Aho, an Alleged Incompetent Person, Lillian C. Rhodes
April 6, 197639 N.Y.2d 241
The court held that personal counsel for an alleged or adjudicated incompetent may continue representing that person on appeal from the incompetency proceeding, including seeking review of a venue ruling.
The Court of Appeals held that the prosecutor's summation speculation that the deceased informant Stan Fulfaro had paid 'the price' for his 'new found profession' conveyed the prejudicial impression that the defendant or his associates might have killed the informant — a suggestion wholly unsupported by the record and…