New York Case Commentaries

Indemnitee Status May Be Established by “Additional Insured” Listing in an Insurance/Indemnity Rider; Labor Law § 241(6) Turns on Whose Work Created the Code Violation

Date: Jul 1, 2026

Indemnitee Status May Be Established by “Additional Insured” Listing in an Insurance/Indemnity Rider; Labor Law § 241(6) Turns on Whose Work Created the Code Violation Case: Almer v Summit Glory...

PCS-Cooperation Clauses Do Not Authorize Unilateral Relocation Under an Incorporated-Not-Merged Parenting Agreement

Date: Jun 27, 2026

PCS-Cooperation Clauses Do Not Authorize Unilateral Relocation Under an Incorporated-Not-Merged Parenting Agreement 1. Introduction Matter of Liebetreu v. Sennett (2026 NY Slip Op 04075) arises from...

Revenue Purchase Agreements Are Not Usurious Loans Where Repayment Is Contingent: Reconciliation, No Finite Term, and No Bankruptcy Recourse

Date: Jun 27, 2026

Revenue Purchase Agreements Are Not Usurious Loans Where Repayment Is Contingent: Reconciliation, No Finite Term, and No Bankruptcy Recourse Case: NewCo Capital Group LLC v SPE Trading, Inc. (App...

Radiologist’s Limited Duty on Follow-Up Testing: No General Obligation to Recommend a Biopsy Absent an Assumed Duty

Date: Jun 27, 2026

Radiologist’s Limited Duty on Follow-Up Testing: No General Obligation to Recommend a Biopsy Absent an Assumed Duty Case: Rashada v Ahmed, 2026 NY Slip Op 04061 (App. Div., 4th Dep’t June 26, 2026)...

Grand Jury Integrity Standard: No Justification Charge Without Supporting Evidence; Prior-Conviction Element May Be Presented for Penal Law § 265.03 (3)

Date: Jun 27, 2026

Grand Jury Integrity Standard: No Justification Charge Without Supporting Evidence; Prior-Conviction Element May Be Presented for Penal Law § 265.03 (3) 1. Introduction In People v Anderson (2026 NY...

People v. Crews: Holistic “Bay Factors” Due-Diligence Review Sustains Discovery Compliance and CPL 30.30 Readiness Despite Belated BWC Disclosure

Date: Jun 27, 2026

People v. Crews: Holistic “Bay Factors” Due-Diligence Review Sustains Discovery Compliance and CPL 30.30 Readiness Despite Belated BWC Disclosure 1. Introduction In People v Crews (2026 NY Slip Op...

Ambiguous Additional-Insured Contract Scope Bars Summary Judgment and Requires Discovery Rulings Before Determining the Duty to Defend

Date: Jun 27, 2026

Ambiguous Additional-Insured Contract Scope Bars Summary Judgment and Requires Discovery Rulings Before Determining the Duty to Defend 1. Introduction In County of Erie v Selective Ins. Co. of Am.,...

Post‑Crime Psychiatric Diagnosis Is Relevant to Penal Law § 40.15 and Cannot Be Precluded as “Speculative” When Grounded in Pre‑Incident Records

Date: Jun 27, 2026

Post‑Crime Psychiatric Diagnosis Is Relevant to Penal Law § 40.15 and Cannot Be Precluded as “Speculative” When Grounded in Pre‑Incident Records 1. Introduction In People v Williams, 2026 NY Slip Op...

People v. Shaw: Gonzalez Governs Third-Party Consent Voluntariness After a Payton Arrest; Borges Attenuation Can Purge the Taint

Date: Jun 27, 2026

People v. Shaw: People v Gonzalez Governs Third-Party Consent Voluntariness After a Payton Arrest; People v Borges Attenuation Can Purge the Taint 1. Introduction In People v Shaw (2026 NY Slip Op...

Mandatory-Arbitration Case-Closures Are a SAPA “Rule”: Limits on DOL Enforcement Discretion Require Rulemaking

Date: Jun 26, 2026

Mandatory-Arbitration Case-Closures Are a SAPA “Rule”: Limits on DOL Enforcement Discretion Require Rulemaking 1. Introduction Matter of Gui Zhu Chen v. Reardon (2026 NY Slip Op 04014) is a Third...

People v. Presley (2026 NY Slip Op 04012) Commentary

Date: Jun 26, 2026

Remittal Required When the Trial Court Fails to Decide a CPL 30.30 Motion Challenging the Validity of a Certificate of Compliance 1. Introduction In People v Presley (2026 NY Slip Op 04012 [3d Dept...

Discovery Sanctions After a So-Ordered Stipulation: Willfulness May Be Found, But Dismissal Must Still Be Proportionate

Date: Jun 26, 2026

Discovery Sanctions After a So-Ordered Stipulation: Willfulness May Be Found, But Dismissal Must Still Be Proportionate 1. Introduction Connors v ASM Global Parent, Inc. (2026 NY Slip Op 04016 [3d...

Municipal PFAS Claims May Seek Alternative Clean Water and Stigma Damages Despite DEC Remediation—No CPLR 3211 Dismissal on Double Recovery, Speculation, or Primary Jurisdiction

Date: Jun 26, 2026

Municipal PFAS Claims May Seek Alternative Clean Water and Stigma Damages Despite DEC Remediation—No CPLR 3211 Dismissal on Double Recovery, Speculation, or Primary Jurisdiction 1. Introduction In...

Matter of Chu: Serious-Crime Status Requires a Statutory “Necessary Element” or Plea-Record Facts; Foreign Discipline Still Supports New York Disbarment

Date: Jun 26, 2026

Matter of Chu: Serious-Crime Status Requires a Statutory “Necessary Element” or Plea-Record Facts; Foreign Discipline Still Supports New York Disbarment 1. Introduction Matter of Chu (2026 NY Slip Op...

FOIL After § 50-a Repeal: No Blanket Privacy Redactions for Unsubstantiated Officer-Complaint Names; Remedy Is Individualized Review on a Definite Timeline

Date: Jun 26, 2026

FOIL After § 50-a Repeal: No Blanket Privacy Redactions for Unsubstantiated Officer-Complaint Names; Remedy Is Individualized Review on a Definite Timeline 1. Introduction Matter of New York Civ....

Zeledon v. Zeledon: Unserved Pro Se Letters Do Not Toll CPLR 5015(a)(1) and Lengthy Delay Defeats Vacatur Even in Matrimonial Defaults

Date: Jun 26, 2026

Zeledon v. Zeledon: Unserved Pro Se Letters Do Not Toll CPLR 5015(a)(1) and Lengthy Delay Defeats Vacatur Even in Matrimonial Defaults 1. Introduction Case: Zeledon v Zeledon, 2026 NY Slip Op 04022...

Assigned Counsel in Family Ct Act Article 6 Visitation: No Denial Absent Knowing Waiver or Egregious Forfeiture

Date: Jun 26, 2026

Assigned Counsel in Family Ct Act Article 6 Visitation: No Denial Absent Knowing Waiver or Egregious Forfeiture 1. Introduction Matter of Carlene R. v Heather A. (2026 NY Slip Op 04015 [3d Dept June...

Santacruz v. 58 Gerry St. LLC — Conflicting Accident Accounts Defeat Labor Law § 240(1) Summary Judgment and Anti-Subrogation Limits Additional-Insured Indemnity (with a Potential Excess-Coverage Exception)

Date: Jun 26, 2026

Santacruz v. 58 Gerry St. LLC — Conflicting Accident Accounts Defeat Labor Law § 240(1) Summary Judgment and Anti-Subrogation Limits Additional-Insured Indemnity (with a Potential Excess-Coverage...

Retrial After a Fundamentally Defective First Trial Is Not Barred by Double Jeopardy When the First-Trial Evidence Was Legally Sufficient

Date: Jun 26, 2026

Retrial After a Fundamentally Defective First Trial Is Not Barred by Double Jeopardy When the First-Trial Evidence Was Legally Sufficient Introduction In People v Hoffler (2026 NY Slip Op 04004), the...

Joint Legal Custody Preserved, But One Parent May Receive Tie-Breaking Authority After Good-Faith Impasse

Date: Jun 26, 2026

Joint Legal Custody Preserved, But One Parent May Receive Tie-Breaking Authority After Good-Faith Impasse Introduction In Matter of Alyssa P. v Jeffrey P. (2026 NY Slip Op 04017), the Appellate...