New York Case Commentaries

Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised

Date: Oct 18, 2025

Unsecured Narcotics + Vulnerable Children: Prima Facie Abuse, Derivative Abuse, and Neglect; Venue Objections Are Waived if Not Timely Raised Introduction In Matter of N'Thai N. (Mali N.), 2025 NY...

Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar

Date: Oct 18, 2025

Best Interests, Not Punishment: Third Department Confirms Flexible Relocation Analysis in Initial Custody Determinations and Treats Self-Help Relocation as a Factor, Not a Bar Introduction In Matter...

Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii)

Date: Oct 18, 2025

Broad-Issue Notice Suffices and No Second OPMC Interview Required After Amended Charges Under Public Health Law § 230(10)(a)(iii) Case: Matter of Weiner v. New York State Bd. for Professional Med....

No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit

Date: Oct 18, 2025

No Inventory Search Without Lawful Impoundment: Third Department Suppresses Firearm and Reaffirms Good‑Faith Discovery Readiness in People v. Grandoit Case: People v. Grandoit, 2025 NY Slip Op 05720...

People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy

Date: Oct 18, 2025

People v. Rasul: CPL 440.10 Hearing Required on Nonrecord Conflict-of-Interest Allegations Involving Shared Practice and Coordinated Strategy Court: Appellate Division, Third Department, New York...

Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted

Date: Oct 18, 2025

Molineux in the Interview Room: Prior-Act Admissions to Prove Intent Are Permissible, But Propensity-Laden Officer “Pattern” Statements Must Be Redacted Introduction People v. Siciliano, 2025 NY Slip...

Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved

Date: Oct 18, 2025

Not “Ordinary Course”: Post‑Commencement Transfers of Marital Property to a Newly Formed LLC Violate New York’s Automatic Orders; Monetary Equalization via Maintenance Arrears Approved Introduction...

Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages

Date: Oct 17, 2025

Disqualifying Faction Counsel from Representing the Entity in Control Disputes; Injunction Undertakings Must Be Tied to Non‑Speculative Damages Introduction In Congregation Erech Shai Bais Yosef,...

Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period

Date: Oct 17, 2025

Second Department Confirms Retroactive Reach of FAPA: Voluntary Discontinuance Cannot De‑Accelerate or Reset the Mortgage Foreclosure Limitations Period Introduction In GITSIT Solutions, LLC v....

CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery

Date: Oct 17, 2025

CVA Revival Upheld; Negligent Supervision and IIED Claims Against Institutions May Proceed While Vicarious Liability for Sexual Assault Is Dismissed: Georgiou v. St. Irene Monastery Introduction In...

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance — Makransky v. Makransky (2d Dep’t 2025)

Date: Oct 17, 2025

Forbearance of Divorce as Valid Consideration, Yet Oral Promises to Convey Realty Remain Unenforceable Against Subsequent Purchasers Absent Writing or “Unequivocally Referable” Part Performance —...

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas

Date: Oct 17, 2025

Firmly Affixed Allonges and First‑Hand Mailing Proof as Nonnegotiable Conditions Precedent in New York Foreclosures: Onewest Bank FSB v. Thomas Introduction In Onewest Bank FSB v. Thomas, 2025 NY...

Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases: Commentary on Harper v. Buffalo City School District

Date: Oct 13, 2025

Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases Commentary on Harper v. Buffalo City School District, 2025 NY Slip Op 05595 (4th Dept Oct. 10, 2025)...

Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records

Date: Oct 13, 2025

Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records Introduction In Matter of Cynthia M., 2025 NY Slip...

People v. Clea: Fourth Department Limits Penal Law § 265.09(2) Firearm Enhancement to the Indicted Predicate Class B Felony and Requires a Jury Finding of Display of a Loaded, Operable Weapon

Date: Oct 13, 2025

People v. Clea: Limiting Penal Law § 265.09(2) to the Indicted Predicate Class B Felony with a Proven Display of a Loaded, Operable Weapon Introduction In People v. Clea, 2025 NY Slip Op 05590 (4th...

First Department Clarifies: Cooperative Boards Are Not Suable Entities in New York

Date: Oct 10, 2025

First Department Clarifies: Cooperative Boards Are Not Suable Entities in New York Introduction In Tahari v. 860 Fifth Avenue Corporation (2025 NY Slip Op 05584), the Appellate Division, First...

Herrera v. Tempo Carpentry LLC: Strict Waiver of Absent Witnesses in Expedited Workers’ Compensation Hearings Without a Specific Good-Cause Showing

Date: Oct 10, 2025

Herrera v. Tempo Carpentry LLC: Strict Waiver of Absent Witnesses in Expedited Workers’ Compensation Hearings Without a Specific Good-Cause Showing Introduction In Matter of Herrera v. Tempo...

Spada v. Keeler Construction: Causation for Occupational Hearing Loss Must Be Anchored in Audiometric Pattern and Address Alternative Noise Exposures

Date: Oct 10, 2025

Spada v. Keeler Construction: Causation for Occupational Hearing Loss Must Be Anchored in Audiometric Pattern and Address Alternative Noise Exposures Court: Appellate Division of the Supreme Court,...

Plea “Satisfaction” Clauses Require Defendant to Prove the Predicate Burglary; No Sua Sponte DVSJA Hearing Absent Request — Commentary on People v. Tenace

Date: Oct 10, 2025

Plea “Satisfaction” Clauses Require Defendant to Prove the Predicate Burglary; No Sua Sponte DVSJA Hearing Absent Request Commentary on People v. Tenace, 2025 NY Slip Op 05552 (App Div 3d Dept Oct....

No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel

Date: Oct 10, 2025

No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel Introduction This commentary examines the Appellate...

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