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  • Commentaries
  • Judgments

New York Case Commentaries

Extraordinary Circumstances, Parental Health, and Virtual Therapeutic Visitation: Commentary on Matter of John XX. v. Cathy YY.

Extraordinary Circumstances, Parental Health, and Virtual Therapeutic Visitation: Commentary on Matter of John XX. v. Cathy YY.

Date: Nov 29, 2025
Extraordinary Circumstances, Parental Health, and Virtual Therapeutic Visitation: A Commentary on Matter of John XX. v. Cathy YY., 2025 NY Slip Op 06568 (3d Dept) I. Introduction The Appellate...
Co‑Parenting Breakdown, Educational Instability, and the Best‑Interests Test: Commentary on Jaime KK. v. Monica JJ.

Co‑Parenting Breakdown, Educational Instability, and the Best‑Interests Test: Commentary on Jaime KK. v. Monica JJ.

Date: Nov 29, 2025
Co‑Parenting Breakdown and Educational Instability as “Change in Circumstances” in Custody Modifications: Commentary on Jaime KK. v. Monica JJ. Court: Appellate Division, Third Department, New York...
Positive Newborn Toxicology, Medication-Assisted Treatment, and the Causation Requirement for Neglect Under FCA § 1012(f): Commentary on Matter of Raivyn BB.

Positive Newborn Toxicology, Medication-Assisted Treatment, and the Causation Requirement for Neglect Under FCA § 1012(f): Commentary on Matter of Raivyn BB.

Date: Nov 29, 2025
Positive Newborn Toxicology, Medication-Assisted Treatment, and the Causation Requirement for Neglect Under FCA § 1012(f): Commentary on Matter of Raivyn BB. I. Introduction The Appellate Division,...
Hulett v. Korb: Distinguishing Prescriptive Easement Area from Ancillary Maintenance Rights Under New York Law

Hulett v. Korb: Distinguishing Prescriptive Easement Area from Ancillary Maintenance Rights Under New York Law

Date: Nov 29, 2025
Hulett v. Korb: Distinguishing Prescriptive Easement Area from Ancillary Maintenance Rights Under New York Law I. Introduction Hulett v. Korb, 2025 NY Slip Op 06563 (3d Dept), is the latest chapter...

      Permanent Neglect Without Agency Reunification Efforts and Limits on Suspended
      Judgments and Counsel Substitution: Commentary on Matter of Y. SS. (E. SS.),
      2025 NY Slip Op 06562

Permanent Neglect Without Agency Reunification Efforts and Limits on Suspended Judgments and Counsel Substitution: Commentary on Matter of Y. SS. (E. SS.), 2025 NY Slip Op 06562

Date: Nov 29, 2025
Permanent Neglect Without Agency Reunification Efforts and Limits on Suspended Judgments and Counsel Substitution: Commentary on Matter of Y. SS. (E. SS.), 2025 NY Slip Op 06562 (3d Dept) I....
People v. Caselnova: Grand Jury Justification Instructions, Group Self‑Defense, Kidnapping, and Duty to Retreat

People v. Caselnova: Grand Jury Justification Instructions, Group Self‑Defense, Kidnapping, and Duty to Retreat

Date: Nov 29, 2025
People v. Caselnova: Grand Jury Justification Instructions, Group Self‑Defense, Kidnapping, and Duty to Retreat I. Introduction The Appellate Division, Third Department’s decision in People v....
People v. Benton: Antommarchi Rights, Disability, and Counsel’s Power to Waive Defendant’s Presence

People v. Benton: Antommarchi Rights, Disability, and Counsel’s Power to Waive Defendant’s Presence

Date: Nov 29, 2025
People v. Benton: Antommarchi Rights, Disability, and Counsel’s Power to Waive Defendant’s Presence I. Introduction In People v. Benton, 2025 NY Slip Op 06559 (3d Dept Nov. 26, 2025), the Appellate...

    Destructive Competition and Driver Standing:
    The First Department Opens the Courthouse Door to NYC For‑Hire Vehicle Drivers under Local Law 147

Destructive Competition and Driver Standing: The First Department Opens the Courthouse Door to NYC For‑Hire Vehicle Drivers under Local Law 147

Date: Nov 29, 2025
Destructive Competition and Driver Standing: The First Department Opens the Courthouse Door to NYC For‑Hire Vehicle Drivers under Local Law 147 I. Introduction Matter of New York Taxi Workers...
People v. Wiggins: Trial‑Court Discretion and Allegations of Racial Bias in Jury Deliberations

People v. Wiggins: Trial‑Court Discretion and Allegations of Racial Bias in Jury Deliberations

Date: Nov 29, 2025
People v. Wiggins: Trial‑Court Discretion and Allegations of Racial Bias in Jury Deliberations I. Introduction In People v. Wiggins, 2025 NY Slip Op 06539 (Nov. 25, 2025), the New York Court of...
Retroactive Application and Constitutional Validity of New York’s Foreclosure Abuse Prevention Act: Commentary on Van Dyke v. U.S. Bank, N.A.

Retroactive Application and Constitutional Validity of New York’s Foreclosure Abuse Prevention Act: Commentary on Van Dyke v. U.S. Bank, N.A.

Date: Nov 29, 2025
Retroactive Application and Constitutional Validity of New York’s Foreclosure Abuse Prevention Act (FAPA): A Commentary on Van Dyke v. U.S. Bank, Natl. Assn., 2025 NY Slip Op 06537 I. Introduction...
Retroactive Estoppel and Mortgage Acceleration: The New York Court of Appeals' Interpretation of FAPA § 7 in Article 13 LLC v. Ponce De Leon Federal Bank

Retroactive Estoppel and Mortgage Acceleration: The New York Court of Appeals' Interpretation of FAPA § 7 in Article 13 LLC v. Ponce De Leon Federal Bank

Date: Nov 29, 2025
Retroactive Estoppel and Mortgage Acceleration: The New York Court of Appeals' Interpretation of FAPA § 7 in Article 13 LLC v. Ponce De Leon Federal Bank I. Introduction A. The Case in Context The...
People v. Williams (2025): Inaccurate CPL 30.30 (5‑a) Certifications Do Not Invalidate Statements of Readiness

People v. Williams (2025): Inaccurate CPL 30.30 (5‑a) Certifications Do Not Invalidate Statements of Readiness

Date: Nov 29, 2025
People v. Williams (2025): Inaccurate CPL 30.30 (5‑a) Certifications Do Not Invalidate Statements of Readiness I. Introduction In People v. Williams, 2025 NY Slip Op 06535 (NY Ct App Nov. 25, 2025),...
People v Leighton R.: New York Adopts a Totality-of-the-Circumstances Test for Anonymous 911-Based Vehicle Stops

People v Leighton R.: New York Adopts a Totality-of-the-Circumstances Test for Anonymous 911-Based Vehicle Stops

Date: Nov 29, 2025
People v Leighton R.: New York Adopts a Totality-of-the-Circumstances Test for Anonymous 911-Based Vehicle Stops I. Introduction The New York Court of Appeals’ decision in People v Leighton R., 2025...
No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.)

No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.)

Date: Nov 29, 2025
No Termination Without Meaningful Representation: Effective Assistance of Counsel in New York Termination of Parental Rights Proceedings After Matter of Parker J. (Beth F.) I. Introduction The New...
Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law

Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law

Date: Nov 29, 2025
Extraordinary Workplace Exposure and the “Prevalence” Framework: COVID‑19 as a Compensable Accidental Injury in New York Workers’ Compensation Law I. Introduction In Matter of Aungst v. Family...
Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims

Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims

Date: Nov 29, 2025
Matter of McLaurin v. NYC Transit Authority: Reaffirming the “Normal Work Environment” Standard for Psychological COVID‑19 Stress Claims I. Introduction Matter of McLaurin v. New York City Transit...
Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson

Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson

Date: Nov 29, 2025
Facial Constitutional Challenges, Appeal Waivers, and New York’s Firearm Licensing Scheme After Bruen: Commentary on People v. Johnson I. Introduction People v. Johnson, 2025 NY Slip Op 06528 (Nov....
Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg

Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg

Date: Nov 29, 2025
Limiting No‑Fault Eligibility Denials to Foundational Licensing Violations: Commentary on Government Employees Ins. Co. v. Mayzenberg I. Introduction The New York Court of Appeals’ decision in...
Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions

Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions

Date: Nov 29, 2025
Actual Use, Not Intended Purpose: Deference to Trial Fact‑Finding in Zoning‑Based Challenges to RPTL § 420‑a Exemptions I. Introduction In Matter of First United Methodist Church in Flushing v....
Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Mgt., Inc. v. Barrett

Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Mgt., Inc. v. Barrett

Date: Nov 23, 2025
Liberal Amendment and Defamation by Implication in Professional Transitions: Commentary on Armbruster Capital Management, Inc. v. Barrett I. Introduction The Fourth Department’s decision in...
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