useful framework in New York

2018Judge Bellacosa,{**32 NY3d at 280} dissenting in Boreali , warned that Boreali 's "dramatic[ ] change[ ]" to "the principles of ordinary statutory construction . . . will come back to haunt us" ( 71 NY2d at 19 ).

2018Judge Bellacosa,{**32 NY3d at 280} dissenting in Boreali , warned that Boreali 's "dramatic[ ] change[ ]" to "the principles of ordinary statutory construction . . . will come back to haunt us" ( 71 NY2d at 19 ).

2012Blair & Co., Inc. v Gottdiener, 462 F3d 95 , 103 [2d Cir 2006].) Judge Sotomayor’s well-reasoned opinion in Specht v Netscape Communications Corp. ( 306 F3d 17 [2d Cir 2002]) provides a useful framework for further analysis of the issue.

2012In Specht , the court applied precedents “from the world of paper contracting” to “the emergent world of online product delivery.” ( 306 F3d at 31 .) The plaintiffs in that case were Internet users who had downloaded software from defendants’ web page.

2012Blair & Co., Inc. v Gottdiener, 462 F3d 95 , 103 [2d Cir 2006].) Judge Sotomayor’s well-reasoned opinion in Specht v Netscape Communications Corp. ( 306 F3d 17 [2d Cir 2002]) provides a useful framework for further analysis of the issue.

2005A useful analysis of the steps to be taken in order to make a determination of general acceptance may be found in the case of People v Fortin ( 184 Misc 2d 10 [2000]), in which the defendant in this criminal case had requested a Frye hearing in an effort to introduce evidence, through a psychiatrist, of parental alienation syndrome.

1995However, there is an emerging consensus in the majority of recently reported cases in the United States (see, Friedrich v Friedrich, 983 F2d 1396, supra; Levesque v Levesque, supra, at 665; Matter of Ponath, 829 F Supp 363 [D Utah 1993]; Slagenweit v Slagenweit, 841 F Supp 264 [ND Iowa 1993], appeal dismissed 43 F3d 1476 [8th Cir 1994]; Falls v Downie, 871 F Supp 100 [D Mass 1994]) that British courts have provided a useful analysis of the term habitual residence.

1995However, there is an emerging consensus in the majority of recently reported cases in the United States (see, Friedrich v Friedrich, 983 F2d 1396, supra; Levesque v Levesque, supra, at 665; Matter of Ponath, 829 F Supp 363 [D Utah 1993]; Slagenweit v Slagenweit, 841 F Supp 264 [ND Iowa 1993], appeal dismissed 43 F3d 1476 [8th Cir 1994]; Falls v Downie, 871 F Supp 100 [D Mass 1994]) that British courts have provided a useful analysis of the term habitual residence.

1995However, there is an emerging consensus in the majority of recently reported cases in the United States (see, Friedrich v Friedrich, 983 F2d 1396, supra; Levesque v Levesque, supra, at 665; Matter of Ponath, 829 F Supp 363 [D Utah 1993]; Slagenweit v Slagenweit, 841 F Supp 264 [ND Iowa 1993], appeal dismissed 43 F3d 1476 [8th Cir 1994]; Falls v Downie, 871 F Supp 100 [D Mass 1994]) that British courts have provided a useful analysis of the term habitual residence.

1995However, there is an emerging consensus in the majority of recently reported cases in the United States (see, Friedrich v Friedrich, 983 F2d 1396, supra; Levesque v Levesque, supra, at 665; Matter of Ponath, 829 F Supp 363 [D Utah 1993]; Slagenweit v Slagenweit, 841 F Supp 264 [ND Iowa 1993], appeal dismissed 43 F3d 1476 [8th Cir 1994]; Falls v Downie, 871 F Supp 100 [D Mass 1994]) that British courts have provided a useful analysis of the term habitual residence.

1989Thus, in People v Trepanier ( 84 AD2d 374, 377 ), People v Vastano ( 117 AD2d 637 ) and Steiner v Commissioner of Correction ( 490 F Supp 204 ), three attempted insurance fraud cases on which the People have placed heavy reliance, the defendants were held to have committed the crime of attempt even though no false claim had been filed because they had done everything within their power toward the accomplishment of their goal by placing the means to complete this final step in the hands of their confederates.

1989Thus, in People v Trepanier ( 84 AD2d 374, 377 ), People v Vastano ( 117 AD2d 637 ) and Steiner v Commissioner of Correction ( 490 F Supp 204 ), three attempted insurance fraud cases on which the People have placed heavy reliance, the defendants were held to have committed the crime of attempt even though no false claim had been filed because they had done everything within their power toward the accomplishment of their goal by placing the means to complete this final step in the hands of their confederates.

1989Thus, in People v Trepanier ( 84 AD2d 374, 377 ), People v Vastano ( 117 AD2d 637 ) and Steiner v Commissioner of Correction ( 490 F Supp 204 ), three attempted insurance fraud cases on which the People have placed heavy reliance, the defendants were held to have committed the crime of attempt even though no false claim had been filed because they had done everything within their power toward the accomplishment of their goal by placing the means to complete this final step in the hands of their confederates.

1966A useful test in cases of this kind may be found in Two Guys v. McGinley ( 366 U. S. 582 ) which dealt with Sunday closing laws.

1951Indeed, Congress itself has found in the word "profane" a useful standard for both administrative and criminal sanctions against those uttering profane language or meaning by means of radio ( Dumont Laboratories v. Carroll , 184 F.2d 153, 156 , certiorari denied 340 U. S. 929 ; U. S. Code, tit. 47, § 303, subd. [m], par. [1], cl. [D]; U. S. Code, tit. 18, § 1464; see, also, Penal Law, § 2072).

1951Indeed, Congress itself has found in the word “ profane ” a useful standard for both administrative and criminal sanctions against those uttering profane language or meaning by means of radio (Dumont Laboratories v. Carroll, 184 F. 2d 153, 156 , certiorari denied 340 U. S. 929 ; U. S. Code, tit. 47, § 303, subd. [m], par. [1], cl. [D]; U. S. Code, tit. 18, § 1464; see, also, Penal Law, § 2072).

1951Indeed, Congress itself has found in the word "profane" a useful standard for both administrative and criminal sanctions against those uttering profane language or meaning by means of radio ( Dumont Laboratories v. Carroll , 184 F.2d 153, 156 , certiorari denied 340 U. S. 929 ; U. S. Code, tit. 47, § 303, subd. [m], par. [1], cl. [D]; U. S. Code, tit. 18, § 1464; see, also, Penal Law, § 2072).

1951Indeed, Congress itself has found in the word “ profane ” a useful standard for both administrative and criminal sanctions against those uttering profane language or meaning by means of radio (Dumont Laboratories v. Carroll, 184 F. 2d 153, 156 , certiorari denied 340 U. S. 929 ; U. S. Code, tit. 47, § 303, subd. [m], par. [1], cl. [D]; U. S. Code, tit. 18, § 1464; see, also, Penal Law, § 2072).

1925The case is not one of a disobedient servant doing an unnecessary thing as in Rose v. Balfe (supra), where to impose liability it was sought to cover an apparent joy ride with the shadow of authority, nor as in Boettcher v. Best & Co., Inc. (supra), the car is moved by a helper, not a driver, expressly forbidden to drive.

1925The case is not one of a disobedient servant doing an unnecessary thing as in Rose v. Balfe (supra), where to impose liability it was sought to cover an apparent joy ride with the shadow of authority, nor as in Boettcher v. Best & Co., Inc. (supra), the car is moved by a helper, not a driver, expressly forbidden to drive.