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  • Commentaries
  • Judgments

New York Case Commentaries

“Beyond Sovereign Immunity: Supreme Court Jurisdiction Over the State as Garnishee Clarified in Matter of Doran Construction Corp. v. New York State Insurance Fund”

“Beyond Sovereign Immunity: Supreme Court Jurisdiction Over the State as Garnishee Clarified in Matter of Doran Construction Corp. v. New York State Insurance Fund”

Date: Jun 19, 2025
Beyond Sovereign Immunity: Supreme Court Jurisdiction Over the State as Garnishee Clarified in Matter of Doran Construction Corp. v. New York State Insurance Fund Introduction The Appellate Division,...
Tesiero v. Castor: The Third Department Requires Comprehensive, Chronological Medical Proof from Moving Defendants in “Serious-Injury” Motions

Tesiero v. Castor: The Third Department Requires Comprehensive, Chronological Medical Proof from Moving Defendants in “Serious-Injury” Motions

Date: Jun 19, 2025
Tesiero v. Castor: The Third Department Requires Comprehensive, Chronological Medical Proof from Moving Defendants in “Serious-Injury” Motions 1. Introduction In Tesiero v. Castor, 2025 NY Slip Op...
Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: A Commentary on Parents for Educational & Religious Liberty in Schools v. Young (2025)

Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: A Commentary on Parents for Educational & Religious Liberty in Schools v. Young (2025)

Date: Jun 19, 2025
Affirming the Commissioner’s Power to Declare Non-Equivalent Non-Public Schools: Parents for Educational & Religious Liberty in Schools v. Young (2025) Introduction The New York Court of Appeals’...
Non-Delegable Owner Duties and Factual Disputes over Ladder Use: Cabrera v. Provident Alpine Partners, L.P.

Non-Delegable Owner Duties and Factual Disputes over Ladder Use: Cabrera v. Provident Alpine Partners, L.P.

Date: Jun 19, 2025
Non-Delegable Owner Duties and Factual Disputes over Ladder Use: An Exhaustive Commentary on Cabrera v. Provident Alpine Partners, L.P. (2025) 1. Introduction Background. Luis Cabrera, a construction...
“Recorded-Agreement” Requirement for Juvenile Restitution – A Commentary on Matter of Juan Z. (2025)

“Recorded-Agreement” Requirement for Juvenile Restitution – A Commentary on Matter of Juan Z. (2025)

Date: Jun 19, 2025
“Recorded-Agreement” Requirement for Juvenile Restitution: A Detailed Commentary on Matter of Juan Z., 2025 NY Slip Op 03674 1. Introduction In Matter of Juan Z., the Appellate Division, Third...
People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

Date: Jun 18, 2025
People v. T.P. (2025): Elevating the Standard for Effective Assistance—Defense Counsel Must Object to Prosecutorial Summation Misstatements that Undermine a Justification Defense 1. Introduction...
People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

Date: Jun 18, 2025
People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the Domestic Violence Survivors Justice Act 1. Introduction In People v. Brenda WW. (2025 NY Slip Op...
Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Date: Jun 18, 2025
Bail as a “Condition of Release” under CPL 510.10 (4)(t) Comprehensive Commentary on People ex rel. Welch v. Maginley-Liddie (2025) 1. Introduction On 17 June 2025 the New York Court of Appeals...
Disjunctive Drafting and Bail Eligibility:  People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Date: Jun 18, 2025
Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a) 1. Introduction People ex...
Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Date: Jun 18, 2025
Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025) Introduction On 17 June 2025 the Appellate Division, First Department, issued a per-curiam opinion in...
First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

Date: Jun 13, 2025
First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties Introduction Matter of Peterkin v. New York State...
“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

Date: Jun 13, 2025
“Reapplication as Bar to Impossibility” – A Commentary on Ithaca Montessori School v. Pfeffer, 2025 NY Slip Op 03618 1. Introduction The Appellate Division, Third Department’s decision in Ithaca...
People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

Date: Jun 13, 2025
People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof Introduction In People v. Williams, 2025 NY Slip...
Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Date: Jun 13, 2025
Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption 1. Introduction In Matter of Verizon N.Y. Inc. v. New York State...
Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes

Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes

Date: Jun 13, 2025
Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes Introduction In Schott v. Lucatelli (2025 NY Slip Op 03616) the...
Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation

Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation

Date: Jun 13, 2025
Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation Introduction In Rosen v. Price...
People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses

People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses

Date: Jun 13, 2025
People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses Introduction People v. Reynolds, 2025 NY Slip Op...
Quoma v. Bob's Discount Furniture: Post-Hoc Paperwork Cannot Defeat the Workers’ Compensation “Safety Valve”

Quoma v. Bob's Discount Furniture: Post-Hoc Paperwork Cannot Defeat the Workers’ Compensation “Safety Valve”

Date: Jun 13, 2025
Quoma v. Bob's Discount Furniture: Post-Hoc Paperwork Cannot Defeat the Workers’ Compensation “Safety Valve” 1. Introduction On 12 June 2025 the Appellate Division, Third Department, delivered an...
Cable-Splicing as “Alteration”: Breslin v. Access Auto’s Clarification of Labor Law §§240(1) & 241(6) Liability on Utility-Pole Work

Cable-Splicing as “Alteration”: Breslin v. Access Auto’s Clarification of Labor Law §§240(1) & 241(6) Liability on Utility-Pole Work

Date: Jun 13, 2025
Cable-Splicing as “Alteration”: Breslin v. Access Auto’s Clarification of Labor Law §§240(1) & 241(6) Liability on Utility-Pole Work Introduction Breslin v. Access Auto Sales & Service, LLC (2025 NY...
Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Commentary on People v. Salas (2025)

Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Commentary on People v. Salas (2025)

Date: Jun 13, 2025
Presumptive Regularity and Reconstruction Hearings for Lost Jury-Note Transcripts: A Comprehensive Commentary on People v. Salas (2025 NY Slip Op 03603) 1. Introduction People v. Salas is the New...
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