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  • Commentaries
  • Judgments

New York Case Commentaries

No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

Date: Oct 18, 2025
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections Introduction In County of Onondaga v....
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Date: Oct 18, 2025
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite Case: People v. Callara, 2025 NY Slip Op 05739 (N.Y. Ct. App. Oct. 16, 2025) Author: Troutman, J.;...
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

Date: Oct 18, 2025
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40 Introduction In People v. Everson, 2025 NY Slip Op 05738 (N.Y. Oct. 16, 2025), the New York...
Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications: Matter of Babcock v. Village of Walton

Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications: Matter of Babcock v. Village of Walton

Date: Oct 18, 2025
Diagnosis-Based Accrual and Good-Cause Excusal for Minor Delay in GML § 207‑c Applications Matter of Babcock v. Village of Walton (2025 NY Slip Op 05734, App Div, Third Dept) Introduction In Matter...
Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations

Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations

Date: Oct 18, 2025
Documentary Proof Can Establish “Diligent Efforts” and Consent-Based Combined Hearings Upheld in Permanent Neglect Terminations Introduction In Matter of Gina P. (Shannon O.), 2025 NY Slip Op 05726...
Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations

Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations

Date: Oct 18, 2025
Consumer Purchase Records and Coercive-Control Evidence as Substantial Proof Supporting Supervised Visitation in New York Best-Interests Custody Determinations Introduction In Matter of Mackenzie OO....
Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised

Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised

Date: Oct 18, 2025
Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised Introduction In Matter of N'Thai N. (Mali N.), 2025 NY...
Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar

Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar

Date: Oct 18, 2025
Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar Introduction In Matter...
Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii)

Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii)

Date: Oct 18, 2025
Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii) Case: Matter of Weiner v. New York State Bd. for Professional Med....
No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit

No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit

Date: Oct 18, 2025
No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit Case: People v. Grandoit, 2025 NY Slip Op 05720...
People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy

People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy

Date: Oct 18, 2025
People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy Court: Appellate Division, Third Department, New York...
Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted

Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted

Date: Oct 18, 2025
Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted Introduction People v. Siciliano, 2025 NY Slip...
Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved

Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved

Date: Oct 18, 2025
Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved Introduction...
Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages

Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages

Date: Oct 17, 2025
Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages Introduction In Congregation Erech Shai Bais Yosef,...
Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period

Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period

Date: Oct 17, 2025
Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period Introduction In GITSIT Solutions, LLC v....
CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery

CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery

Date: Oct 17, 2025
CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery Introduction In...
Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance — Makransky v. Makransky (2d Dep’t 2025)

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance — Makransky v. Makransky (2d Dep’t 2025)

Date: Oct 17, 2025
Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance —...
Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas

Date: Oct 17, 2025
Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas Introduction In Onewest Bank FSB v. Thomas, 2025 NY...
Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases: Commentary on Harper v. Buffalo City School District

Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases: Commentary on Harper v. Buffalo City School District

Date: Oct 13, 2025
Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases Commentary on Harper v. Buffalo City School District, 2025 NY Slip Op 05595 (4th Dept Oct. 10, 2025)...
Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records

Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records

Date: Oct 13, 2025
Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records Introduction In Matter of Cynthia M., 2025 NY Slip...
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