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  • Commentaries
  • Judgments

New York Case Commentaries

People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General Intent

People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General Intent

Date: Sep 2, 2025
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General...
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation

Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation

Date: Sep 2, 2025
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation Introduction In Matter of...
No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025)

No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025)

Date: Sep 2, 2025
No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025) Introduction In People v. Andrus (2025 NY Slip Op...
Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability

Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability

Date: Sep 2, 2025
Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability Case: Rich v. J.A. Madison, LLC, 2025 NY Slip Op...
Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent

Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent

Date: Sep 2, 2025
Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent Introduction In Matter of Bains (2025 NY Slip Op 04783), the Appellate...
No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline: Fabian v. Westchester County

No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline: Fabian v. Westchester County

Date: Sep 2, 2025
No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline Commentary on Matter of Fabian v. Westchester County (2025 NY Slip Op 04784, App Div 2d Dept,...
Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline

Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline

Date: Sep 2, 2025
Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline Introduction In Matter of Furber (2025 NY Slip Op 04786), the Appellate...
No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override — Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd. Corp. (2025 NY Slip Op 04787)

No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override — Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd. Corp. (2025 NY Slip Op 04787)

Date: Sep 2, 2025
No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override Comprehensive Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd....
Loreti v. JJL Realty: Second Department affirms strict limits on authorized shares, sets aside unapproved self-dealing management agreement under BCL §713, and upholds broad spoliation preclusion for deleted QuickBooks files

Loreti v. JJL Realty: Second Department affirms strict limits on authorized shares, sets aside unapproved self-dealing management agreement under BCL §713, and upholds broad spoliation preclusion for deleted QuickBooks files

Date: Sep 2, 2025
Strict Charter Caps on Shares, No Ratification Without Disclosure, and Robust E‑Discovery Sanctions: The Second Department’s Guideposts in Matter of Loreti v. JJL Realty Corp. of N.Y. Court:...
Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI (Matter of Loreti v. Lorcress Enters., Inc.)

Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI (Matter of Loreti v. Lorcress Enters., Inc.)

Date: Sep 2, 2025
Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI...
Translating Out‑of‑State Public Reprimands into New York Public Censure: The Appellate Division’s Deference in Reciprocal Discipline (Matter of Pantiliat, 2025)

Translating Out‑of‑State Public Reprimands into New York Public Censure: The Appellate Division’s Deference in Reciprocal Discipline (Matter of Pantiliat, 2025)

Date: Sep 2, 2025
Translating Out‑of‑State Public Reprimands into New York Public Censure: The Appellate Division’s Deference in Reciprocal Discipline Commentary on: Matter of Pantiliat, 2025 NY Slip Op 04791...
Necessary-Party Joinder in Article 78 Challenges to Village Fire Department Appointments: Appointee and Fire Department Council Must Be Joined Before Merits Are Reached

Necessary-Party Joinder in Article 78 Challenges to Village Fire Department Appointments: Appointee and Fire Department Council Must Be Joined Before Merits Are Reached

Date: Sep 2, 2025
Necessary-Party Joinder in Article 78 Challenges to Village Fire Department Appointments: Appointee and Fire Department Council Must Be Joined Before Merits Are Reached Case: Matter of Riverside Hose...
Mandatory ABP Recalculation for Post–Taxable Status Demolition in Special Assessing Units: National Grid Generation, LLC v. Nassau County

Mandatory ABP Recalculation for Post–Taxable Status Demolition in Special Assessing Units: National Grid Generation, LLC v. Nassau County

Date: Sep 2, 2025
Mandatory ABP Recalculation for Post–Taxable Status Demolition in Special Assessing Units: National Grid Generation, LLC v. Nassau County Introduction This appellate decision from the New York...
LinkedIn Is a “Public Forum” Under New York’s Anti‑SLAPP Law; “Supports Neo‑Nazi Causes” Is Actionable Mixed Opinion — Commentary on Stiloski v. Wingate (2025 NY Slip Op 04803)

LinkedIn Is a “Public Forum” Under New York’s Anti‑SLAPP Law; “Supports Neo‑Nazi Causes” Is Actionable Mixed Opinion — Commentary on Stiloski v. Wingate (2025 NY Slip Op 04803)

Date: Sep 2, 2025
LinkedIn Is a “Public Forum” Under New York’s Anti‑SLAPP Law; “Supports Neo‑Nazi Causes” Is Actionable Mixed Opinion — Commentary on Stiloski v. Wingate Introduction In Stiloski v. Wingate (2025 NY...
Ordinary Diligence Defeats Fraud-Based Attacks on Broad Employment Releases: Trepeta v. Mobiquity Technologies, Inc.

Ordinary Diligence Defeats Fraud-Based Attacks on Broad Employment Releases: Trepeta v. Mobiquity Technologies, Inc.

Date: Sep 2, 2025
Ordinary Diligence Defeats Fraud-Based Attacks on Broad Employment Releases: Trepeta v. Mobiquity Technologies, Inc. Introduction This commentary analyzes the Appellate Division, Second Department’s...
FAPA as a Change in Law: Voluntary Discontinuance Cannot De‑Accelerate a Mortgage; Renewal Granted and Foreclosure Claims Time‑Barred — Commentary on U.S. Bank N.A. v. Mongru (2025 NY Slip Op 04807)

FAPA as a Change in Law: Voluntary Discontinuance Cannot De‑Accelerate a Mortgage; Renewal Granted and Foreclosure Claims Time‑Barred — Commentary on U.S. Bank N.A. v. Mongru (2025 NY Slip Op 04807)

Date: Sep 2, 2025
FAPA as a Change in Law: Voluntary Discontinuance Cannot De‑Accelerate a Mortgage; Renewal Granted and Foreclosure Claims Time‑Barred — U.S. Bank N.A. v. Mongru (App Div 2d Dept, 2025) Introduction...
Future Pain-and-Suffering Damages Do Not Require a “Permanent Injury” Finding; Unsafe Backing Under VTL § 1211(a) Is Negligence Per Se — A Second Department Benchmark on Remittitur for Post-Spinal-Surgery Claims

Future Pain-and-Suffering Damages Do Not Require a “Permanent Injury” Finding; Unsafe Backing Under VTL § 1211(a) Is Negligence Per Se — A Second Department Benchmark on Remittitur for Post-Spinal-Surgery Claims

Date: Sep 2, 2025
Future Pain-and-Suffering Damages Do Not Require a “Permanent Injury” Finding; Unsafe Backing Under VTL § 1211(a) Is Negligence Per Se — A Second Department Benchmark on Remittitur for...
Escrow Is Not an Operating Account: First Department Clarifies Rule 1.15 and Rejects Preclusive Effect of Vacated Admonition (Matter of Edelman, 2025)

Escrow Is Not an Operating Account: First Department Clarifies Rule 1.15 and Rejects Preclusive Effect of Vacated Admonition (Matter of Edelman, 2025)

Date: Aug 22, 2025
Escrow Is Not an Operating Account: First Department Clarifies Rule 1.15 and Rejects Preclusive Effect of Vacated Admonition Introduction This commentary examines the Appellate Division, First...
No Stayed Probationary Suspensions and Narrow Nunc Pro Tunc Relief in Reciprocal Discipline: Commentary on Matter of Barocas (2025 NY Slip Op 04750)

No Stayed Probationary Suspensions and Narrow Nunc Pro Tunc Relief in Reciprocal Discipline: Commentary on Matter of Barocas (2025 NY Slip Op 04750)

Date: Aug 22, 2025
No Stayed Probationary Suspensions and Narrow Nunc Pro Tunc Relief in Reciprocal Discipline: Matter of Barocas (2025 NY Slip Op 04750) Introduction In Matter of Barocas (2025 NY Slip Op 04750), the...
The Excessive Fines Clause Meets Executive Law § 63(12): Appellate Division Vacates Disgorgement, Affirms Injunctive Remedies in People v. Trump

The Excessive Fines Clause Meets Executive Law § 63(12): Appellate Division Vacates Disgorgement, Affirms Injunctive Remedies in People v. Trump

Date: Aug 22, 2025
The Excessive Fines Clause Meets Executive Law § 63(12): Appellate Division Vacates Disgorgement, Affirms Injunctive Remedies in People v. Trump Introduction People v. Trump, 2025 NY Slip Op 04756...
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