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  • Commentaries
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New York Case Commentaries

People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations

People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations

Date: Jun 6, 2025
People v. Rivera – Clarifying “Minor Deception” in Police Questioning and Harmless-Error Review of Post-Miranda Violations Introduction In People v. Rivera (2025 NY Slip Op 03362) the Appellate...
Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata

Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata

Date: Jun 6, 2025
Mentiply II: The Appellate Division Re-Affirms the Breadth of New York’s “Same-Transaction” Test for Res Judicata Introduction In Mentiply v. Foster, 2025 NY Slip Op 03370 (“Mentiply II”), the...
Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings

Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings

Date: Jun 6, 2025
Crystal NN. v. Joshua OO.: Reaffirming the Evidentiary Standard for Motions to Dismiss in Parental-Alienation Support Proceedings Introduction The Appellate Division, Third Department, in Matter of...
Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims

Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims

Date: Jun 6, 2025
Suspended Limitations: Lambos v. Karabinis Clarifies “Open Repudiation” Tolling for Shareholder Fiduciary Claims 1. Introduction Lambos v. Karabinis (2025 NY Slip Op 03367) is a Third Department...
Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage

Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage

Date: Jun 6, 2025
Century Indemnity v. Brooklyn Union Gas (2025): New York Clarifies the Insured’s Notice Obligation and Duty to Investigate in Long-Tail Environmental Coverage 1. Introduction Century Indemnity...
“Digital Impersonation as an Aggravating Factor in Attorney Discipline” – Commentary on Matter of Perry (2025 NY Slip Op 03386)

“Digital Impersonation as an Aggravating Factor in Attorney Discipline” – Commentary on Matter of Perry (2025 NY Slip Op 03386)

Date: Jun 6, 2025
“Digital Impersonation as an Aggravating Factor in Attorney Discipline” Commentary on Matter of Perry (2025 NY Slip Op 03386) 1. Introduction Matter of Perry concerns disciplinary proceedings brought...
Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) – Analysis of Tumminia v. Staten Island University Hospital (2025)

Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) – Analysis of Tumminia v. Staten Island University Hospital (2025)

Date: Jun 5, 2025
Successive Use of New York’s Saving Statute: The Second Department Authorises Multiple Invocations of CPLR 205(a) Commentary on Tumminia v. Staten Island University Hospital, 2025 NY Slip Op 03352 1....
No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York State Justice Center, 2025)

No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York State Justice Center, 2025)

Date: Jun 5, 2025
No Self-Review: Appellate Division Bars Administrative Law Judges from Issuing Final Determinations on Their Own Recommended Decisions in Justice Center Abuse Proceedings (Matter of Doe v. New York...
Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200

Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200

Date: Jun 5, 2025
Vindell v. Site 2 DSA Owner, LLC – Re-drawing the Boundary of the “Inherent Hazards” Exception under Labor Law § 200 I. Introduction Vindell v. Site 2 DSA Owner, LLC, 2025 NY Slip Op 03353 (2d Dep’t...
“Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes”

“Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes”

Date: Jun 5, 2025
Harco v. Scottsdale: Clarifying the Limits of Collateral Estoppel and Documentary Evidence in Follow-Form Excess Coverage Disputes Introduction The Appellate Division, Second Department’s decision in...
Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Mgt., LLC v. Schuman (2025)

Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Mgt., LLC v. Schuman (2025)

Date: Jun 5, 2025
Merger Clauses Trump Alleged Oral Joint-Ventures in New York Real-Estate Deals: A Commentary on IPA Asset Management, LLC v. Schuman (2025) Introduction On 4 June 2025 the Appellate Division, Second...
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

Date: May 30, 2025
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a 1. Introduction Case: Matter of Alzate v. Quality Building...
“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

Date: May 30, 2025
“Acute Worsening” as an Emergency: Matter of Cahill v. New York State Dept. of Mental Hygiene (2025) and the Expanded Emergency Exception under Workers’ Compensation Law § 13-a(5) Introduction The...
The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline

The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline

Date: May 30, 2025
The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline Introduction Matter of Salomon (2025 NY Slip Op 03255) concerns reciprocal attorney-discipline proceedings brought in New York...
Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254)

Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254)

Date: May 30, 2025
Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254) 1. Introduction Matter of...
People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery

People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery

Date: May 30, 2025
People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery Introduction In People v. Branton, 238 A.D.3d 1429 (3d...
“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined

“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined

Date: May 30, 2025
“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined Introduction In Matter of Juncal v. Maspeth Remodeling Co., 238 A.D.3d 1441 (3d Dep’t 2025), the Appellate...
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Date: May 29, 2025
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell 1. Introduction In Matter of Orangetown Police Department...
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Date: May 29, 2025
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims Introduction Redd v. Brooklyn Friends School, 238...
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Date: May 29, 2025
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43 Introduction Matter of Santman v. Satterthwaite (2025 NY Slip Op 03196, 238 AD3d 1156) required the...
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