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  • Commentaries
  • Judgments

New York Case Commentaries

Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley

Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley

Date: Oct 9, 2025
Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley Introduction In Moore v. Maley, 2025 NY...
Redistribution, Not Reversion: Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds in O'Brien v. Sagbolt LLC

Redistribution, Not Reversion: Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds in O'Brien v. Sagbolt LLC

Date: Oct 9, 2025
Redistribution, Not Reversion: The Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds Introduction In O'Brien v. Sagbolt LLC, 2025 NY Slip Op 05280...
Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses

Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses

Date: Oct 2, 2025
Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses Introduction In 2261 Realty, LLC v. Cai...
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Date: Oct 2, 2025
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing Introduction Matter of Harbourview Realty, LLC v. Village of Roslyn...
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Date: Oct 2, 2025
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority Case: Lengyel-Fushimi v. Bellis, 2025 NY...
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

Date: Oct 2, 2025
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4 Introduction In K.K. Machine Co., Inc. v. Grillo, 2025 NY Slip Op 05225 (App Div, 2d Dept...
No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts

No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts

Date: Oct 2, 2025
No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts Introduction In Matter of Austin,...
Barron v. City of New York: Inspection and Routine Maintenance Outside Labor Law §§ 240(1) and 241(6); “Storm in Progress” Bars § 200/Common-Law Negligence; Defense-Cost Indemnification Claim Survives

Barron v. City of New York: Inspection and Routine Maintenance Outside Labor Law §§ 240(1) and 241(6); “Storm in Progress” Bars § 200/Common-Law Negligence; Defense-Cost Indemnification Claim Survives

Date: Oct 2, 2025
Barron v. City of New York: Inspection and Routine Maintenance Outside Labor Law §§ 240(1) and 241(6); “Storm in Progress” Bars § 200/Common-Law Negligence; Defense-Cost Indemnification Claim...
New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane

New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane

Date: Oct 2, 2025
New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane Introduction In South Shore Eye Care,...
UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal — Commentary on Laurelton Estates, LLC v. Prince

UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal — Commentary on Laurelton Estates, LLC v. Prince

Date: Oct 2, 2025
UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal Comprehensive Commentary on Laurelton Estates, LLC v. Prince, 2025 NY Slip Op 05226 (2d Dep’t...
Laches and Missing Proof Bar Post‑Satisfaction Attacks on Article 52 Enforcement; Renewal Requires Strict Justification — Commentary on GTR Source, LLC v. Zomongo.TV USA, Inc.

Laches and Missing Proof Bar Post‑Satisfaction Attacks on Article 52 Enforcement; Renewal Requires Strict Justification — Commentary on GTR Source, LLC v. Zomongo.TV USA, Inc.

Date: Oct 2, 2025
Laches and Missing Proof Bar Post‑Satisfaction Attacks on Article 52 Enforcement; Renewal Requires Strict Justification Introduction This commentary examines the Appellate Division, Second...
No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act

No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act

Date: Oct 1, 2025
No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act Patel v. Maybank Kim Eng Securities USA Inc., 2025 NY Slip Op 05194 (1st Dep’t...
No Initial Nonschedule Award, No Bar to SLU: Third Department Confirms SLU Eligibility and Retroactive Reopening Post‑Taher

No Initial Nonschedule Award, No Bar to SLU: Third Department Confirms SLU Eligibility and Retroactive Reopening Post‑Taher

Date: Sep 27, 2025
No Initial Nonschedule Award, No Bar to SLU: Third Department Confirms SLU Eligibility and Retroactive Reopening Post‑Taher Case: Matter of Romero v. Akorn Inc., 2025 NY Slip Op 05128 (App Div, 3d...
Nexus-Based Duty for Off‑Campus Abuse and Pleading-Stage Punitive Damages in CVA School Cases: Commentary on C.R. v. Episcopal Diocese of N.Y. (2025 NY Slip Op 05144)

Nexus-Based Duty for Off‑Campus Abuse and Pleading-Stage Punitive Damages in CVA School Cases: Commentary on C.R. v. Episcopal Diocese of N.Y. (2025 NY Slip Op 05144)

Date: Sep 27, 2025
Nexus-Based Duty for Off‑Campus Abuse and Pleading-Stage Punitive Damages in CVA School Cases: C.R. v. Episcopal Diocese of N.Y. Introduction In C.R. v. Episcopal Diocese of New York, 2025 NY Slip Op...
Express “Street and Sidewalk Appurtenance” Agreements Control Fixture Status: City Owns and May Remove Pike Plan Canopies

Express “Street and Sidewalk Appurtenance” Agreements Control Fixture Status: City Owns and May Remove Pike Plan Canopies

Date: Sep 27, 2025
Express “Street and Sidewalk Appurtenance” Agreements Control Fixture Status: City Owns and May Remove Pike Plan Canopies Introduction In 306 Wall St. Owners, LLC v. City of Kingston, the Appellate...
No Guarantees Required: 90% Earnings Letters Satisfy “Reasonable Assurance” for Per Diem Substitutes under New York Labor Law § 590(10)

No Guarantees Required: 90% Earnings Letters Satisfy “Reasonable Assurance” for Per Diem Substitutes under New York Labor Law § 590(10)

Date: Sep 27, 2025
No Guarantees Required: 90% Earnings Letters Satisfy “Reasonable Assurance” for Per Diem Substitutes under New York Labor Law § 590(10) Introduction In Matter of Caruso (Shenendehowa Cent. Sch....
Available, Unused Safety Devices Create Triable Issues Under Labor Law § 240(1) in Roof‑Hatch Falls; Conclusory Motions to Strike Affirmative Defenses Rejected

Available, Unused Safety Devices Create Triable Issues Under Labor Law § 240(1) in Roof‑Hatch Falls; Conclusory Motions to Strike Affirmative Defenses Rejected

Date: Sep 26, 2025
Available, Unused Safety Devices Create Triable Issues Under Labor Law § 240(1) in Roof‑Hatch Falls; Conclusory Motions to Strike Affirmative Defenses Rejected Case: Blachowicz v. City of New York,...
Blank v. Acker: Emails and Revocable Wills Cannot Enforce Oral Promises to Devise Real Property; Lease Terms Defeat Unjust Enrichment; Subjective Performance Critiques Are Nonactionable Opinion

Blank v. Acker: Emails and Revocable Wills Cannot Enforce Oral Promises to Devise Real Property; Lease Terms Defeat Unjust Enrichment; Subjective Performance Critiques Are Nonactionable Opinion

Date: Sep 26, 2025
Blank v. Acker: Emails and Revocable Wills Cannot Enforce Oral Promises to Devise Real Property; Lease Terms Defeat Unjust Enrichment; Subjective Performance Critiques Are Nonactionable Opinion...
GBL § 349, Article 36‑A, and Lien Law Article 3‑A Do Not Create an Independent Tort Duty for Contractors: Second Department Refines Pleading Boundaries in Home-Renovation Disputes (Kovalenko v. Bhatti Gen. Contr. & Dev., LLC)

GBL § 349, Article 36‑A, and Lien Law Article 3‑A Do Not Create an Independent Tort Duty for Contractors: Second Department Refines Pleading Boundaries in Home-Renovation Disputes (Kovalenko v. Bhatti Gen. Contr. & Dev., LLC)

Date: Sep 26, 2025
GBL § 349, Article 36‑A, and Lien Law Article 3‑A Do Not Create an Independent Tort Duty for Contractors: Second Department Refines Pleading Boundaries in Home-Renovation Disputes Case: Kovalenko v....
When the Accident Itself Is in Dispute: Second Department Clarifies CPLR 4404(a) and Endorses Jury Instructions Allowing Non‑Occurrence Findings

When the Accident Itself Is in Dispute: Second Department Clarifies CPLR 4404(a) and Endorses Jury Instructions Allowing Non‑Occurrence Findings

Date: Sep 26, 2025
When the Accident Itself Is in Dispute: Second Department Clarifies CPLR 4404(a) and Endorses Jury Instructions Allowing Non‑Occurrence Findings Introduction In Krohn v. Schultz Ford Lincoln, Inc.,...
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