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  • Commentaries
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New York Case Commentaries


    Naftaliyev v. GGP Staten Island Mall, LLC – A New Limit on
    (1) Sua Sponte Vacatur of a Note of Issue and
    (2) Post-Certification Amendments to a Bill of Particulars

Naftaliyev v. GGP Staten Island Mall, LLC – A New Limit on (1) Sua Sponte Vacatur of a Note of Issue and (2) Post-Certification Amendments to a Bill of Particulars

Date: Jun 12, 2025
Naftaliyev v. GGP Staten Island Mall, LLC (2025) – The Appellate Division Constrains Judicial Power to Vacate a Note of Issue and Re-Affirms the “Special & Extraordinary Circumstances” Standard for...
“Wrongful Death Claims Stand Alone”:  Marinos v. Brahaj and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York

“Wrongful Death Claims Stand Alone”: Marinos v. Brahaj and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York

Date: Jun 12, 2025
“Wrongful Death Claims Stand Alone” Marinos v. Brahaj (2025) and the Non-Arbitrability of Distributees’ Wrongful-Death Actions in New York 1. Introduction Marinos v. Brahaj, 2025 NY Slip Op 03561,...
“Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions” – A Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557)

“Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions” – A Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557)

Date: Jun 12, 2025
Enhanced Evidentiary Scrutiny of Referee Reports in Mortgage Foreclosure Actions Commentary on HSBC Bank USA, N.A. v. Coxall (2025 NY Slip Op 03557, Appellate Division, Second Department)...
Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability:  A Commentary on Eaton v. Fiotos (2025)

Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability: A Commentary on Eaton v. Fiotos (2025)

Date: Jun 12, 2025
Mandatory Jury Inquiry into “Scope of Employment” for Respondeat-Superior Liability: A Comprehensive Commentary on Eaton v. Fiotos (2025 NY Slip Op 03553) Introduction In Eaton v. Fiotos, the New...
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Date: Jun 11, 2025
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty 1. Introduction In Matter of Park (2025 NY Slip Op 03531), the Appellate Division, First...
Distinct Acts, Distinct Prosecutions: People v. Harris and the
          Narrowing of “Same Criminal Transaction” Under CPL 40.40

Distinct Acts, Distinct Prosecutions: People v. Harris and the Narrowing of “Same Criminal Transaction” Under CPL 40.40

Date: Jun 7, 2025
Distinct Acts, Distinct Prosecutions: People v. Harris and the Narrowing of “Same Criminal Transaction” Under CPL 40.40 Introduction In People v. Harris (2025 NY Slip Op 03419) the Fourth Department...
Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025):  The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads

Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025): The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads

Date: Jun 7, 2025
Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025): The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads Introduction On...
People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure

People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure

Date: Jun 7, 2025
People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure Introduction The recent decision of the Appellate Division, Fourth Department, in People v. Ritchie,...
Defective Zoning Notice Voids Variances and Precludes Vested Rights – A Commentary on Matter of Socha v. Town of Starkey (2025)

Defective Zoning Notice Voids Variances and Precludes Vested Rights – A Commentary on Matter of Socha v. Town of Starkey (2025)

Date: Jun 7, 2025
Defective Zoning Notice Voids Variances and Precludes Vested Rights Commentary on Matter of Socha v. Town of Starkey, 2025 NY Slip Op 03431 (4th Dept 2025) Introduction The Fourth Department’s...
Biological Parenthood as Automatic “Legally Responsible” Status: A Commentary on Matter of Ja'Moure D.S. (2025 NY Slip Op 03485)

Biological Parenthood as Automatic “Legally Responsible” Status: A Commentary on Matter of Ja'Moure D.S. (2025 NY Slip Op 03485)

Date: Jun 7, 2025
Biological Parenthood as Automatic “Legally Responsible” Status: Commentary on Matter of Ja'Moure D.S. (Jasmine M.), 2025 NY Slip Op 03485 1. Introduction The Appellate Division, Fourth Department,...
Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned

Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned

Date: Jun 7, 2025
Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned Introduction On 6 June 2025 the Appellate Division, Fourth Department, issued its decision in Wright v....
“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect

“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect

Date: Jun 7, 2025
“As-Is” Means “As-Is”: Manlius Center Road Associates, LLC v. Singh and the Reinforced Enforceability of Commercial Lease Disclaimer Clauses Absent True Latent Defect 1. Introduction Manlius Center...
Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions

Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions

Date: Jun 7, 2025
Hernandez Technology v. Rivera: Fourth Department Holds the “No Wage Theft Loophole Act” Retroactive and Clarifies Commission-Based Wage Deductions 1. Introduction Hernandez Technology, Inc. (d/b/a...
People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation

People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation

Date: Jun 7, 2025
People v. Ross (2025): Clarifying Standing and Privacy Expectations in Third-Party Mailboxes & Limits on the Right to Self-Representation 1. Introduction In People v. Ross (2025 NY Slip Op 03432) the...
Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations

Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations

Date: Jun 6, 2025
Stability over Fluidity: The May 15 Snapshot Rule for Charter-School Tuition Calculations Introduction In Matter of Coney Island Preparatory Public Charter School v. New York State Education...
Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” – Commentary on Matter of B.F. v. Administration for Children’s Services (2025)

Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” – Commentary on Matter of B.F. v. Administration for Children’s Services (2025)

Date: Jun 6, 2025
Beyond Caretaking Duties: First Department Broadens the Definition of “Person Legally Responsible” Commentary on Matter of B.F. v. Administration for Children’s Services, 2025 NY Slip Op 03393 1....
People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy

People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy

Date: Jun 6, 2025
People v. Ruple: Post-Sentencing Written Appeal Waivers Cannot Cure a Defective Oral Colloquy Introduction In People v. Ruple, 2025 NY Slip Op 03361 (App. Div. 3d Dept. June 5 2025), the Third...
“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York”

“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York”

Date: Jun 6, 2025
“Pursuit, Retreat & the Unavailable Justification: People v. Marin (2025) Re-defines the Boundaries of Self-Defense and Weapon Possession in New York” 1. Introduction Court & Date: Appellate Division...

“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell
Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums

“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums

Date: Jun 6, 2025
“Below-the-Line, Not Above-the-Line” – Matter of Ciardullo v. McDonnell Affirms New York’s Decoupling from Federal Treatment of Amortized Bond Premiums 1. Introduction The Appellate Division, Third...
“Shaw v. Preservation”:  Third Department Abandons Preservation Requirement Where the Trial Court Grossly Overstates Maximum Exposure

“Shaw v. Preservation”: Third Department Abandons Preservation Requirement Where the Trial Court Grossly Overstates Maximum Exposure

Date: Jun 6, 2025
“Shaw v. Preservation”: The Third Department Discards its Prior Rule and Holds that a Grossly Inflated Sentencing Warning Automatically Invalidates a Guilty Plea 1. Introduction People v. Shaw (2025...
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