New York Case Commentaries

People v Hassett: Context and Repeated Changes of Position Can Defeat a Self-Representation Request

Date: Oct 31, 2026

People v Hassett: Context and Repeated Changes of Position Can Defeat a Self-Representation Request 2026 NY Slip Op 06354 — Appellate Division, Third Department — October 29, 2026 Opinion by Aarons,...

Sophisticated-Investor Diligence and Solvency Certificates: Distinct Rules for Fraud and Securities Claims

Date: Oct 31, 2026

Sophisticated-Investor Diligence and Solvency Certificates: Distinct Rules for Fraud and Securities Claims Case: Brigade Cavalry Fund Ltd. v Chirico, 2026 NY Slip Op 06382 Court: Appellate Division,...

Matter of Wolk: Disputed Escrow Funds and False Assurances to a Court Warrant Immediate Interim Suspension

Date: Oct 31, 2026

Disputed Escrow Funds and False Assurances to a Court Warrant Immediate Interim Suspension Matter of Wolk, 2026 NY Slip Op 06385 — Appellate Division, First Department, October 29, 2026. Commentary...

Matter of Tingwei: Preadmission Fraud Can Warrant Suspension and Reinstatement Conditions

Date: Oct 31, 2026

Preadmission Fraud Can Warrant Suspension and Reinstatement Conditions: Matter of Tingwei Citation: 2026 NY Slip Op 06374 Court: Appellate Division, Third Department Decided: October 29, 2026...

People v Perry: Traffic Violations and Shooting-Related Flight Support Police Pursuit; Visibility and DNA Support Knowing Firearm Possession

Date: Oct 31, 2026

People v Perry: Traffic Violations and Shooting-Related Flight Support Police Pursuit; Visibility and DNA Support Knowing Firearm Possession Court: Appellate Division, Supreme Court of New York,...

State-Supported Cannabis Dispensary Financing Is Not Preempted by the CSA Absent an Actual Conflict

Date: Oct 31, 2026

State-Supported Cannabis Dispensary Financing Is Not Preempted by the CSA Absent an Actual Conflict Case: Cannabis Impact Prevention Coalition, LLC v New York State Cannabis Control Bd., 2026 NY Slip...

Full Foundation Aid Funding Supports a Rational Remedy but Does Not Permanently Establish Constitutional Compliance

Date: Oct 31, 2026

Full Foundation Aid Funding Supports a Rational Remedy but Does Not Permanently Establish Constitutional Compliance Case: Maisto v State of New York, 2026 NY Slip Op 06365 Court: Appellate Division,...

Rochester EEO Zoning Permits Limited Plan Reductions and Flexible Parking Standards

Date: Oct 31, 2026

Rochester EEO Zoning Permits Limited Plan Reductions and Flexible Parking Standards Case: Matter of Bruck v Town of Rochester Planning Bd., 2026 NY Slip Op 06370 Court: Appellate Division, Third...

People v Bradford: Contextual Evidence Can Establish Charged Time Frames in Child Sexual Abuse Prosecutions

Date: Oct 31, 2026

People v Bradford: Contextual Evidence Can Establish Charged Time Frames in Child Sexual Abuse Prosecutions Court: Appellate Division of the Supreme Court of New York, Third Department Citation: 2026...

People v Smith: Warrantless Police Access to Known Parole GPS Monitoring Data

Date: Oct 31, 2026

People v Smith: Warrantless Police Access to Known Parole GPS Monitoring Data Case: People v Smith, 2026 NY Slip Op 06356 Court: Supreme Court of New York, Appellate Division, Third Department...

Missing or Ineffective Smoke Detectors in Common Areas Can Defeat Fire Coverage as a Material Warranty Breach

Date: Oct 31, 2026

Missing or Ineffective Smoke Detectors in Common Areas Can Defeat Fire Coverage as a Material Warranty Breach Case: Seneca Ins. Co. Inc. v Cobleskill Enter., LLP, 2026 NY Slip Op 06366 Court:...

Community-Wide Landfill Impacts Do Not Warrant Premature Dismissal of Private Nuisance Claims

Date: Oct 31, 2026

Community-Wide Landfill Impacts Do Not Warrant Premature Dismissal of Private Nuisance Claims Constitutional limits on environmental enforcement claims and the continuing role of private nuisance...

Foreclosure Finality: Unsupported Law-Office Failure Cannot Reopen Liability or Defeat a Supported Referee’s Report

Date: Oct 31, 2026

Foreclosure Finality: Unsupported Law-Office Failure Cannot Reopen Liability or Defeat a Supported Referee’s Report Case: Wilmington Sav. Fund Socy., FSB v Laurino, 2026 NY Slip Op 06371 Court:...

CPL 30.30(6) Preserves Review After a Guilty Plea but Does Not Override an Appeal Waiver

Date: Oct 31, 2026

CPL 30.30(6) Preserves Review After a Guilty Plea but Does Not Override an Appeal Waiver People v Ekukpe, 2026 NY Slip Op 06378 New York Court of Appeals | October 29, 2026 This commentary addresses...

CPL 30.30(6) Applies to Pending Appeals Despite Pre-2020 Guilty Pleas

Date: Oct 31, 2026

CPL 30.30(6) Applies to Pending Appeals Despite Pre-2020 Guilty Pleas Case: People v Nantan, 2026 NY Slip Op 06379 Court: New York Court of Appeals Decided: October 29, 2026 Opinion: Judge Rivera;...

Open-and-Obvious Fire-Escape Openings: Summary Judgment Requires More Than Visibility

Date: Oct 30, 2026

Open-and-Obvious Fire-Escape Openings: Summary Judgment Requires More Than Visibility Case: Henshaw v Chelsea DHC, LLC, 2026 NY Slip Op 06285 Court: Supreme Court of the State of New York, Appellate...

Article 17-A Guardianship Does Not Bar the Right to Freely and Independently Choose Counsel

Date: Oct 30, 2026

Article 17-A Guardianship Does Not Bar the Right to Freely and Independently Choose Counsel Case: Matter of Jessica L.M. (Deborah M.) Citation: 2026 NY Slip Op 06306 Court: Appellate Division, Second...

Supervisory Authority, Not Job Title, Governs Construction-Manager Liability Under New York Labor Law

Date: Oct 30, 2026

Supervisory Authority, Not Job Title, Governs Construction-Manager Liability Under New York Labor Law Case: Rajpaulsingh v Hidden Pond at Old Westbury, LLC, 2026 NY Slip Op 06337 Court: Supreme Court...

FAPA Permits Renewal Despite a Prior Appellate Ruling: Voluntary Discontinuance Does Not Reset Foreclosure Limitations

Date: Oct 30, 2026

FAPA Permits Renewal Despite a Prior Appellate Ruling: Voluntary Discontinuance Does Not Reset Foreclosure Limitations Case: U.S. Bank Natl. Assn. v Ford, 2026 NY Slip Op 06343 Court: Supreme Court...

Civil Defaults After Active Litigation Can Establish Attorney Misconduct and Support Interim Suspension

Date: Oct 29, 2026

Civil Defaults After Active Litigation Can Establish Attorney Misconduct and Support Interim Suspension Matter of Spiegelman, 2026 NY Slip Op 06252 Appellate Division, First Department, October 27,...