Pandemic Remote Work Does Not Establish “Employer Necessity” Under New York’s Convenience-of-the-Employer Rule 1. Introduction Matter of Zelinsky v Commissioner of Taxation & Fin. of the State of...
Harmless Initial-Appearance Right-to-Counsel Error and Use of “Tie-Breaker” Authority in High-Conflict Joint Custody Case: Matter of Jimmy PP. v Jennifer QQ. | Court: Appellate Division, Third...
Custody Modification Requires a Post-Order Change Beyond Conditions Contemplated by a Consent Order; Single, Purpose-Linked Social Media Post Insufficient for Harassment/Stalking 1. Introduction...
Collateral Consequences Preserve Article 10 Appeals Despite Post-Order Criminal Plea; Prima Facie Abuse May Be Found Against Multiple Caretakers Without Pinpointing the Perpetrator 1. Introduction...
Voluntariness of Statements After Miranda Where Initial Handcuffing Was by Another Agency and Police Promised the Suspect Would Go Home 1. Introduction People v Brown (2026 NY Slip Op 04233 [App Div...
Matter of Ethan H. — Dismissal in Furtherance of Justice When Juvenile Delinquency Is Used to Solve Placement Problems 1. Introduction Matter of Ethan H. (2026 NY Slip Op 04252 [3d Dept July 2,...
Matter of El Shamar B.: Record-Based Proof (Not Self-Serving Accounts) Controls “Dangerous Mental Disorder” Track-One Findings Under CPL 330.20 1. Introduction Matter of El Shamar B. (Appellate...
People v. Hollman: Out-of-State Child Concealment Can Support Second-Degree Kidnapping Despite a Custodial Parent’s Participation; “Sole Purpose” Relative Defense Narrowly Construed and New York...
CPLR Evidentiary Rules Control in Social Services Law § 384-b Permanent Neglect Proceedings; Hearsay/Record Errors Reviewed for Harmlessness 1. Introduction Matter of Skyler O. (Crystal L.) (App Div,...
General Obligations Law § 5-335 Bars Subrogation of Statutory Short-Term Disability Benefits Despite Workers’ Compensation Law § 227 Trombetta v. Eklecco Newco, LLC, 2026 NY Slip Op 04222 (App. Div....
Outpatient Hospital Radiology Is “Discrete and Complete” for Continuous-Treatment Tolling; Conclusory Expert Proof Defeats Hospital Summary Judgment 1. Introduction Hidalgo v Darakchiev (2026 NY Slip...
Conclusory “Wanton/Reckless” Pleading Cannot Sustain Punitive Damages in Adjoining-Construction Tort Claims; Trespass/Nuisance/Negligence May Proceed Past CPLR 3211 1. Introduction In CK Real Estate,...
Parallel Out-of-State Litigation Does Not Excuse Untimely Service: CPLR 306-b Extensions Require Diligence and Proof of Notice 1. Introduction Farage v. Garden State Veterinary Specialists, Inc....
Nimkoff v. Waldbaum: Judiciary Law § 487 Targets Only Conduct Undertaken “as an Attorney,” and DRL § 235 Materials Are “Confidential Personal Information” in Other Civil Filings 1. Introduction...
“Sufficient Start” Jurisdictional Discovery for a Foreign Holding Company, and Survival of NYSHRL/NYCHRL, Retaliation, Aiding-and-Abetting, and Negligent Supervision Claims at the Pleading Stage 1....
COVID-19 Is Not “Direct Physical Loss or Damage” Without Material Alteration or Complete Dispossession; Declaratory-Judgment Dismissals Must Be Converted to Declarations for Defendants I....
CPLR 3211(e) Single-Motion Bar: A Later CPLR 3211(a)(1) and (7) Attack Cannot Be Added Without a Sufficient Reason Case: Gruber v Donaldsons, Inc., 2026 NY Slip Op 04182 (App Div, 2d Dept July 1,...
Initial-Custody Relocation Treated as a Best-Interests Factor; Long-Distance Access Must Be Practicable, Specific, and Cost-Allocated by Economic Realities Case: Matter of Carrington v. Pepitone,...
Building Code Duties Do Not Authorize Unlicensed Entry onto an Adjoining Owner’s Property (and Courts May Not Sua Sponte Convert Trespass Actions into RPAPL 881 Proceedings) Case: Rennie-Walker v...
Acosta v 22-12 Jackson Owner LLC: Expert Proof Can Establish Forklift Negligence as a Matter of Law, While Labor Law § 240(1) Liability Supports Conditional Contractual Indemnification 1)...