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  • Commentaries
  • Judgments

New York Case Commentaries

Matter of Brody: Disbarment by Consent with Restitution Convertible to a Civil Judgment under Judiciary Law § 90(6-a)

Matter of Brody: Disbarment by Consent with Restitution Convertible to a Civil Judgment under Judiciary Law § 90(6-a)

Date: Sep 26, 2025
Matter of Brody: Disbarment by Consent with Restitution Convertible to a Civil Judgment under Judiciary Law § 90(6-a) Introduction In Matter of Brody, 2025 NY Slip Op 05079 (Appellate Division,...
Consent Discipline for Neglect and Communication Failures: Second Department Affirms One‑Year Suspension and Underscores Bankruptcy Reporting Duties (Matter of Mulhearn, 2025)

Consent Discipline for Neglect and Communication Failures: Second Department Affirms One‑Year Suspension and Underscores Bankruptcy Reporting Duties (Matter of Mulhearn, 2025)

Date: Sep 26, 2025
Consent Discipline for Neglect and Communication Failures: Second Department Affirms One‑Year Suspension and Underscores Bankruptcy Reporting Duties Matter of Mulhearn, 2025 NY Slip Op 05086 (App....
Misdemeanor Tax Fraud as a “Serious Crime” Meriting a Prospective Six‑Month Suspension: Matter of Ortega

Misdemeanor Tax Fraud as a “Serious Crime” Meriting a Prospective Six‑Month Suspension: Matter of Ortega

Date: Sep 26, 2025
Misdemeanor Tax Fraud as a “Serious Crime” Meriting a Prospective Six‑Month Suspension: Matter of Ortega Court: Appellate Division of the Supreme Court, Second Department (Per Curiam) Decision Date:...
Only the CBA’s Named Parties May Demand Arbitration: Representative’s Signature Alone Does Not Confer Party Status

Only the CBA’s Named Parties May Demand Arbitration: Representative’s Signature Alone Does Not Confer Party Status

Date: Sep 26, 2025
Only the CBA’s Named Parties May Demand Arbitration: Representative’s Signature Alone Does Not Confer Party Status Introduction In Matter of Village of Walden v. Teamsters Local Union No. 445, the...
Meikle v. Medcare, LLC: Permanent Disability Allegations Open HIV, Mental Health, and Substance-Use Records to Discovery, With Mandatory Public Health Law § 2785(3) Protections

Meikle v. Medcare, LLC: Permanent Disability Allegations Open HIV, Mental Health, and Substance-Use Records to Discovery, With Mandatory Public Health Law § 2785(3) Protections

Date: Sep 26, 2025
Meikle v. Medcare, LLC: Permanent Disability Allegations Open HIV, Mental Health, and Substance-Use Records to Discovery, With Mandatory Public Health Law § 2785(3) Protections Introduction In Meikle...
People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required

People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required

Date: Sep 26, 2025
People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required Introduction In People v. Reaves, 2025 NY Slip Op 05107 (App Div,...
Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure

Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure

Date: Sep 26, 2025
Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure Introduction In Wilmington Savings Fund Society, FSB v. Loubriel, 2025...
No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing

No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing

Date: Sep 25, 2025
No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing Introduction In 938 St....
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting Civil Contempt and Counsel-Fee Fines; Harassment-by-Course-of-Conduct Sustaining a Family Offense Order of Protection

When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting Civil Contempt and Counsel-Fee Fines; Harassment-by-Course-of-Conduct Sustaining a Family Offense Order of Protection

Date: Sep 12, 2025
When Two Weeks Are Enough: Police-Involved Exchange Conflicts and a Communication Breakdown as a “Change in Circumstances” Justifying Sole Legal Custody; Child-as-Messenger Violations Supporting...
Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings (Olympic Galleria, Co., Inc. v. Sitt)

Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings (Olympic Galleria, Co., Inc. v. Sitt)

Date: Sep 12, 2025
Common-Law Six-Month Notice Governs Ejectment of Month-to-Month Residential Tenants; RPL § 232-a/§ 226-c Notice Scheme Limited to Summary Proceedings Case: Olympic Galleria, Co., Inc. v. Sitt, 2025...
Prevailing-Wage “Flagger” Misclassification Suits May Proceed as Class Actions in New York; Federal “Fail‑Safe” Objections Do Not Bar Certification Under CPLR 901(a)

Prevailing-Wage “Flagger” Misclassification Suits May Proceed as Class Actions in New York; Federal “Fail‑Safe” Objections Do Not Bar Certification Under CPLR 901(a)

Date: Sep 12, 2025
Prevailing-Wage “Flagger” Misclassification Suits May Proceed as Class Actions in New York; Federal “Fail‑Safe” Objections Do Not Bar Certification Under CPLR 901(a) Introduction In McMillian v....
"Continuation" Triggers New York’s 2020 Anti‑SLAPP Amendments: First Department Holds Post‑Amendment Motions (Including Reargument) Bring Pre‑2020 Cases Within §§ 70‑a, 76‑a and CPLR 3211(g)

"Continuation" Triggers New York’s 2020 Anti‑SLAPP Amendments: First Department Holds Post‑Amendment Motions (Including Reargument) Bring Pre‑2020 Cases Within §§ 70‑a, 76‑a and CPLR 3211(g)

Date: Sep 12, 2025
"Continuation" Triggers New York’s 2020 Anti‑SLAPP Amendments: First Department Holds Post‑Amendment Motions (Including Reargument) Bring Pre‑2020 Cases Within §§ 70‑a, 76‑a and CPLR 3211(g)...
Cross-Examination That Elicits Corroborative Medical Evidence Does Not Constitute Ineffective Assistance; Demeanor and Consistent Forensic Interviews Can Corroborate Child Hearsay Under FCA § 1046(a)(vi)

Cross-Examination That Elicits Corroborative Medical Evidence Does Not Constitute Ineffective Assistance; Demeanor and Consistent Forensic Interviews Can Corroborate Child Hearsay Under FCA § 1046(a)(vi)

Date: Sep 12, 2025
Cross-Examination That Elicits Corroborative Medical Evidence Does Not Constitute Ineffective Assistance; Demeanor and Consistent Forensic Interviews Can Corroborate Child Hearsay Under FCA §...
TROs Create Presumptive Probable Cause and 2020 Anti‑SLAPP Amendments Are Not Retroactive: Commentary on GLD3, LLC v. Albra

TROs Create Presumptive Probable Cause and 2020 Anti‑SLAPP Amendments Are Not Retroactive: Commentary on GLD3, LLC v. Albra

Date: Sep 11, 2025
TROs Create Presumptive Probable Cause and 2020 Anti‑SLAPP Amendments Are Not Retroactive Commentary on GLD3, LLC v. Albra, 2025 NY Slip Op 04881 (2d Dept. Sept. 10, 2025) Introduction The Appellate...
Anonymity Without Gag Orders: Second Department Clarifies Limits on Speech Restraints and Pleading Particularity for Multimedia Defamation

Anonymity Without Gag Orders: Second Department Clarifies Limits on Speech Restraints and Pleading Particularity for Multimedia Defamation

Date: Sep 11, 2025
Anonymity Without Gag Orders: Second Department Clarifies Limits on Speech Restraints and Pleading Particularity for Multimedia Defamation Introduction In Doe v. Eliyas (2025 NY Slip Op 04876), the...
Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed

Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed

Date: Sep 11, 2025
Rendon v. White Castle Systems, Inc.: Reversible Error to Conflate Tenant and Landowner Duties in Sidewalk Cases; Medical Expenses Limited to Amounts Actually Owed Introduction In Rendon v. White...
Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers

Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers

Date: Sep 11, 2025
Pleading-Stage Survival of Contribution Claims Against Municipalities for Defective Street Appurtenances and “Special Use” Liability of Non‑Owner Occupiers Introduction In N.I. v. City of New York...
Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton

Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton

Date: Sep 11, 2025
Censure, Not Suspension, for Dual Misdemeanor DWI Convictions Where Mitigation Is Strong: Matter of Halton Introduction In Matter of Halton, 2025 NY Slip Op 04902 (Appellate Division, Second...
Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling

Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling

Date: Sep 11, 2025
Plasse: Office Disruptions and Lien Uncertainty Do Not Excuse Escrow Misappropriation; One‑Year Suspension for Pattern of Deficiencies and Commingling Introduction This commentary examines the...
Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive

Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive

Date: Sep 11, 2025
Waiver by Motion Practice: Personal Jurisdiction and CPLR 3215(c) Abandonment Defenses Forfeited; 22 NYCRR 202.48 Inapplicable Absent “On Notice” Directive Introduction In Bank of New York Mellon v....
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