New York Case Commentaries

Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025 NY Slip Op 04658)

Date: Aug 14, 2025

Pre‑2019 NYSHRL Standards Reaffirmed; Legitimate Elimination of Administrative Stipends Defeats Gender Discrimination and Retaliation Claims — Commentary on Niemotko v. Mount Saint Mary College (2025...

People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

Date: Aug 8, 2025

People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection Introduction This commentary examines the Appellate Division,...

People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

Date: Aug 8, 2025

People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is...

Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Date: Aug 8, 2025

Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: The Third Department’s Clarification in Ricky SS. v. Christine SS. Case: Ricky SS. v. Christine SS. (2025 NY Slip Op...

Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Date: Aug 8, 2025

Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment Introduction In Geiger v. Hudson Excess...

Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Date: Aug 8, 2025

Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (App Div, 1st Dept, Aug. 7, 2025) Executive...

Express Severance “Cancellation of All Prior Agreements” Clauses Extinguish Trailing Commission Rights and Bar Later Contract Claims: Commentary on Wagschal v. Ecconergy (2025 NY Slip Op 04595)

Date: Aug 7, 2025

Express Severance “Cancellation of All Prior Agreements” Clauses Extinguish Trailing Commission Rights and Bar Later Contract Claims: Commentary on Wagschal v. Ecconergy (2025 NY Slip Op 04595)...

People v. Lloyd F.: Second Department sets a stringent “extraordinary circumstances” bar under CPL 722.23(1)(d) for retaining adolescent-offender cases in the Youth Part

Date: Aug 7, 2025

People v. Lloyd F.: Second Department sets a stringent “extraordinary circumstances” bar under CPL 722.23(1)(d) for retaining adolescent-offender cases in the Youth Part Introduction In People v....

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor

Date: Aug 7, 2025

Moving Scaffolds Under Ceiling Obstacles: Unsecured Materials “Require Securing” — Second Department Revives Labor Law §§ 240(1) and 241(6) Claims and Negligence Against Subcontractor Introduction...

COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits”

Date: Aug 7, 2025

COVID-19 Tolling Applies to the CPLR 205(a)/205-a Six-Month Savings Period in Foreclosure Actions; Dismissal for RPAPL 1306 Noncompliance Is Not “On the Merits” Introduction This commentary examines...

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York: Cadlerock Joint Venture, L.P. v. Simms

Date: Aug 7, 2025

No Personal Jurisdiction Needed to Domesticate Sister‑State Judgments in New York Cadlerock Joint Venture, L.P. v. Simms (2025 NY Slip Op 04541), Appellate Division, Second Department Introduction...

Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate

Date: Aug 7, 2025

Contractual Waiver of Resignation Challenges Does Not Extinguish Right to Seek Religious Accommodation Under DOE Vaccine Mandate Case: Matter of LaBarbera v. New York City Department of Education,...

Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc.

Date: Aug 7, 2025

Closed A‑Frame Ladder Use, Speculative Lighting Claims, and Recurring Water: The Second Department’s Clarification of §§ 240(1), 241(6), and 200 in Araujo v. Monadnock Construction, Inc. Introduction...

Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline

Date: Aug 7, 2025

Imputing Counsel’s Repeated Neglect to the Client: Second Department Narrows “Interest‑of‑Justice” Vacatur and Enforces the One‑Year CPLR 5015(a)(1) Deadline Introduction In Zlobec v. Bank of N.Y....

The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and Does Not Extend Time to File

Date: Aug 7, 2025

The Heckscher Specificity Rule: Under Court of Claims Act §11(b), an Insufficient “Place” Allegation Is a Jurisdictional Defect That Cannot Be Cured by Amendment, Cannot Be Treated as a Claim, and...

Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies

Date: Aug 7, 2025

Coverage Denial as a Single Breach: Second Department Fixes Accrual at Disclaimer Date and Rejects Continuing‑Wrong Tolling for Excess Workers’ Compensation Policies Introduction In New York Bus...

People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation Cannot Save the Prosecution

Date: Aug 1, 2025

People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation...

No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure (U.S. Bank N.A. v. 1702 Dean, LLC)

Date: Jul 31, 2025

No Relation-Back Without Actual Notice: Misindexed Lis Pendens and Recorded Mortgage Do Not Bind Subsequent Owners in Foreclosure Commentary on U.S. Bank N.A. v. 1702 Dean, LLC (2025 NY Slip Op...

Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional

Date: Jul 31, 2025

Judicial Independence over Legislative Penalties: New York Appellate Division Declares CPLR 7003(c) Unconstitutional Introduction Poltorak v. Clarke (2025 NY Slip Op 04496) presents a foundational...

Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall Cases

Date: Jul 31, 2025

Bell v. Bollenbach & House, Inc.: Reinforcing Espinal Limits on Contractor Liability and Tightening Proof Standards for Constructive Notice and Expert Weather Evidence in Snow-and-Ice Slip-and-Fall...

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