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  • Commentaries
  • Judgments

New York Case Commentaries

No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg

No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg

Date: Nov 15, 2025
No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg Court: Appellate...
Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines — Commentary on Schmidt v. Capone (2025)

Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines — Commentary on Schmidt v. Capone (2025)

Date: Nov 15, 2025
Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines Comprehensive Commentary on Schmidt v. Capone, 2025 NY Slip Op 06206 (2d Dept....
Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain

Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain

Date: Nov 15, 2025
Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain Introduction In Tri-Rail Designers & Builders, Inc. v. Concrete...
FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele

FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele

Date: Nov 15, 2025
FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele Introduction In U.S. Bank Trust, N.A. v. Miele, 2025 NY Slip Op 06211...
FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti

FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti

Date: Nov 15, 2025
FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti Introduction This commentary analyzes the Appellate...
Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules

Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules

Date: Nov 15, 2025
Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules Introduction In Wen Wen Sun v. Ti Zhou, 2025 NY Slip Op 06217 (App Div, 2d...
Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice

Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice

Date: Nov 8, 2025
Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice Introduction In Matter of Bigelow v. Town of...
Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble

Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble

Date: Nov 8, 2025
Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble Court: Appellate Division, Third Department (New York) Date: November 6, 2025...
LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation

LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation

Date: Nov 8, 2025
LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation Case Information Matter of Dunkez Private...
Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed

Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed

Date: Nov 8, 2025
Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed Introduction This commentary...
Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement

Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement

Date: Nov 8, 2025
Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement...
Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective

Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective

Date: Nov 8, 2025
Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective Introduction In People v. Ferrara, 2025 NY Slip Op 06099...
CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered

CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered

Date: Nov 8, 2025
CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered Introduction In People v. Nelson, 2025 NY...
Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages

Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages

Date: Nov 8, 2025
Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages Introduction In Radiation Oncology Servs. of Cent. N.Y.,...
Matter of Cavalier: Second Department Clarifies That Chronic Escrow Misuse and Commingling—Even Without Client Loss—Warrants a Two‑Year Suspension

Matter of Cavalier: Second Department Clarifies That Chronic Escrow Misuse and Commingling—Even Without Client Loss—Warrants a Two‑Year Suspension

Date: Nov 8, 2025
Matter of Cavalier: Second Department Clarifies That Chronic Escrow Misuse and Commingling—Even Without Client Loss—Warrants a Two‑Year Suspension Introduction In Matter of Cavalier (2025 NY Slip Op...
Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Diversified Building Co., LLC v. Nader Enterprises, LLC

Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Diversified Building Co., LLC v. Nader Enterprises, LLC

Date: Nov 7, 2025
Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Clarifying Tenant Defenses in Commercial Lease Disputes Introduction In Diversified Building Co., LLC...
Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension

Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension

Date: Nov 7, 2025
Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension Court: Appellate Division of the Supreme Court, Second Judicial Department (Per Curiam)...
Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 — Schollmeier v. Metropolitan Tr. Auth. (LIRR)

Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 — Schollmeier v. Metropolitan Tr. Auth. (LIRR)

Date: Nov 7, 2025
Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 —...
Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default

Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default

Date: Nov 7, 2025
Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default Introduction In Union Mut....
Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h)

Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h)

Date: Nov 1, 2025
Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h) Introduction In Matter of Ferretti v. New York State Division of...
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