People v. Trowell — Search-Warrant Particularity in Multi-Unit Buildings: Apartment-Number Omission Not Fatal Where Target Premises Are Otherwise Identifiable 1. Introduction In People v Trowell...
Prospective Suspension of Pendente Lite Child Support for Parental Alienation Under Judge-Made Law (Not DRL § 241) 1. Introduction Rosenfeld v Rosenfeld (2026 NY Slip Op 04048 [1st Dept June 25,...
Defense Summary Judgment Denied Where Expert Opinions Ignore Record Evidence and Where PHL § 2801-d Requires Proof of No Deprivation of Resident Rights (Pressure-Ulcer Care) 1. Introduction Balgobin...
Medical Board Must Address Treating-Physician Evidence and Actual Job-Duty Demands When Denying WTC Physical Disability; No Article 78 Attorneys’ Fees Absent Authority 1. Introduction Matter of...
Prohibition Unavailable to Collaterally Review CPL 245.80 Evidence-Preclusion Sanctions Within Trial-Court Authority I. Introduction Matter of Rocah v McCarthy (2026 NY Slip Op 03967 [2d Dept June...
People v Bryant: Equivocal “Casing” Observations Plus Flight Do Not Create Reasonable Suspicion for Pursuit; Evidence and Statements Suppressed as Fruits of Unlawful Pursuit 1. Introduction In People...
Tulino v. Raza: Renewal Requires a Reasonable Justification and Reargument Orders Supersede Prior Discovery-Sanction Orders Case: Tulino v Raza, 2026 NY Slip Op 03998 (App Div, 2d Dept, June 24,...
Griffith v. MetroPlus Health Plan, Inc.: Audit-Based Termination as a Legitimate Nondiscriminatory Reason; “Office Space” Complaints Not Protected Activity Under NYSHRL/NYCHRL 1. Introduction In...
Relation-Back Permits Late Joinder of Engineers for Negligence Where Inherently Dangerous Excavation Creates Vicarious-Liability Unity of Interest—But Not for NYC Building Code § BC 3309.4 Strict...
Adult Survivors Act Claims in the Court of Claims: No Relation-Back for Newly Alleged Abuse Incidents and a Wrong “Time When” Is an Uncurable Jurisdictional Defect Case: Farrell v State of New York,...
Excessive Default-Judgment Damages May Be Vacated Under Courts’ Inherent Power, With a New Inquest (and Reassignment) Required When the Inquest Record Is Deficient 1. Introduction Case: Williams v...
Nonjurisdictional Service Errors in State Appropriation Claims: Court of Claims Act § 11 Exception Controls; EDPL 508 Only Triggers Appraisal Timing 1. Introduction Port Grove Assoc. v State of New...
People v. Brazeal / People v. Lora: Individualized “Box 28” Search Conditions and Preservation of As-Applied Challenges to Probation Terms 1. Introduction In People v Brazeal and People v Lora, the...
Volokh v. James: Compliance with New York’s Hateful Conduct Law Requires Only a Content-Neutral Reporting Channel and Policy Broad Enough to Cover “Hateful Conduct,” Without Mandatory Responses or...
Commercial Tenant’s Summary-Judgment Burden on Sidewalk Defects: No Duty/No Control Shifts Burden Absent Nonspeculative Evidence of Creation or Special-Use Causation 1. Introduction Fuentes v...
Right-to-Record Statutes Do Not Extend to Police Stationhouses (Including Public Lobbies) Case: Reyes v City of New York, 2026 NY Slip Op 03914 (Ct App June 23, 2026) (Rivera, J.) Posture: Certified...
Labor Law § 220 Rights Are Implied in Public Works Contracts and Cannot Be Cut Down by Contractual One-Year Limitations 1. Introduction In Walton v Comfort Sys. USA (Syracuse), Inc. (2026 NY Slip Op...
People v. Fernandez: No Per Se Duty to Investigate Mental Health/Substance History Where Counsel Pursues a Reasonable Alternative Voluntariness Theory 1. Introduction In People v Fernandez (2026 NY...
Sanctions for GenAI-Hallucinated Authority: Lawyers Must Cite-Check and Remain Candid to the Court 1. Introduction Landberg v City of New York (2026 NY Slip Op 03935 [2d Dept June 23, 2026]) is an...
People v. Guerra: Ineffective Assistance Where a Stipulation Effectively Concedes Mens Rea in CSAM Promotion/Possession Trials Court: New York Court of Appeals (Halligan, J.) Citation: 2026 NY Slip...