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Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline Introduction In Matter of Furber (2025 NY Slip Op 04786), the Appellate...
No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override Comprehensive Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd....
Strict Charter Caps on Shares, No Ratification Without Disclosure, and Robust E‑Discovery Sanctions: The Second Department’s Guideposts in Matter of Loreti v. JJL Realty Corp. of N.Y. Court:...
Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI...
Translating Out‑of‑State Public Reprimands into New York Public Censure: The Appellate Division’s Deference in Reciprocal Discipline Commentary on: Matter of Pantiliat, 2025 NY Slip Op 04791...
Necessary-Party Joinder in Article 78 Challenges to Village Fire Department Appointments: Appointee and Fire Department Council Must Be Joined Before Merits Are Reached Case: Matter of Riverside Hose...
Mandatory ABP Recalculation for Post–Taxable Status Demolition in Special Assessing Units: National Grid Generation, LLC v. Nassau County Introduction This appellate decision from the New York...
LinkedIn Is a “Public Forum” Under New York’s Anti‑SLAPP Law; “Supports Neo‑Nazi Causes” Is Actionable Mixed Opinion — Commentary on Stiloski v. Wingate Introduction In Stiloski v. Wingate (2025 NY...
Ordinary Diligence Defeats Fraud-Based Attacks on Broad Employment Releases: Trepeta v. Mobiquity Technologies, Inc. Introduction This commentary analyzes the Appellate Division, Second Department’s...
FAPA as a Change in Law: Voluntary Discontinuance Cannot De‑Accelerate a Mortgage; Renewal Granted and Foreclosure Claims Time‑Barred — U.S. Bank N.A. v. Mongru (App Div 2d Dept, 2025) Introduction...
Future Pain-and-Suffering Damages Do Not Require a “Permanent Injury” Finding; Unsafe Backing Under VTL § 1211(a) Is Negligence Per Se — A Second Department Benchmark on Remittitur for...
Escrow Is Not an Operating Account: First Department Clarifies Rule 1.15 and Rejects Preclusive Effect of Vacated Admonition Introduction This commentary examines the Appellate Division, First...
No Stayed Probationary Suspensions and Narrow Nunc Pro Tunc Relief in Reciprocal Discipline: Matter of Barocas (2025 NY Slip Op 04750) Introduction In Matter of Barocas (2025 NY Slip Op 04750), the...
The Excessive Fines Clause Meets Executive Law § 63(12): Appellate Division Vacates Disgorgement, Affirms Injunctive Remedies in People v. Trump Introduction People v. Trump, 2025 NY Slip Op 04756...
Self-Created Stress Is Not Mitigation for Escrow Misappropriation: Second Department Reaffirms Strict Fiduciary Standards in Matter of Bachu Introduction In Matter of Bachu (2025 NY Slip Op 04721),...
No Reset by Discontinuance or “Deceleration”: Second Department Applies FAPA Retroactively to Time‑Bar Mortgage Foreclosure Introduction In Wells Fargo Bank, N.A. v. Salko (2025 NY Slip Op 04743),...
Totality-of-Circumstances Standard and Respondent’s Burden at 22 NYCRR 1240.12(c)(3)(iii) Hearings: Six-Month Suspension for Repeated DWI Convictions, Probation Violations, and Failure to Report...
Pleading Religious-Discrimination Claims in NYC Vaccine-Mandate Cases: Conclusory Allegations Are Insufficient; Post-Rescission Claims Are Moot Introduction Currid v. City of New York, 2025 NY Slip...
“Watchful Waiting” as a Material Alternative in Informed Consent for YAG Vitreolysis; No Duty to Supervise a Referred Specialist — Clinkscales v. Tostanoski (2025) Introduction In Clinkscales v....
Second Department Extends ABC Law § 55‑c “Good Cause” Protections to Oral and Implied Beer Distribution Agreements Case: Oak Beverages, Inc. v. D.G. Yuengling & Son, Inc. (2025 NYSlipOp 04730) —...