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  • Commentaries
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New York Case Commentaries

Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Date: May 29, 2025
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability Introduction In Hervey v. Northern Westchester...
Montes-Vidal v. NYS Thruway Authority: Re-Defining Owner Liability Under Labor Law
§§ 200, 240(1) & 241(6) Where Adequate Safety Devices and No Supervisory Control Exist

Montes-Vidal v. NYS Thruway Authority: Re-Defining Owner Liability Under Labor Law §§ 200, 240(1) & 241(6) Where Adequate Safety Devices and No Supervisory Control Exist

Date: May 29, 2025
Montes-Vidal v. New York State Thruway Authority (2025) Introduction The Appellate Division, Second Department’s decision in Montes-Vidal v. New York State Thruway Authority, 238 A.D.3d 1131 (2025)...
From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified — Commentary on Matter of Sheena PP. v. Edward QQ. (2025)

From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified — Commentary on Matter of Sheena PP. v. Edward QQ. (2025)

Date: May 23, 2025
From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified Commentary on Matter of Sheena PP. v. Edward QQ., 238 A.D.3d 1417 (3d Dep’t 2025) 1. Introduction This Third Department...
The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims

The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims

Date: May 23, 2025
The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims Introduction Tuckett v. State of New York (2025 NY Slip Op 03099) is the New York...
Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings

Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings

Date: May 23, 2025
Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings Introduction The New York Court of Appeals’...
Extending Sales-Tax Liability to In-House “Scrip” Used for Private Performances – Commentary on Matter of O’Neill v. New York State Tax Appeals Tribunal

Extending Sales-Tax Liability to In-House “Scrip” Used for Private Performances – Commentary on Matter of O’Neill v. New York State Tax Appeals Tribunal

Date: May 23, 2025
Extending Sales-Tax Liability to In-House “Scrip” Used for Private Performances – Commentary on Matter of O’Neill v. New York State Tax Appeals Tribunal (2025 NY Slip Op 03110) 1. Introduction The...
“Beyond 50-50” – DeCrescenzo v Suslak (2025) and the Reinforced Discretion of New York Courts in Equitable Distribution, Income Imputation, and Contempt Findings

“Beyond 50-50” – DeCrescenzo v Suslak (2025) and the Reinforced Discretion of New York Courts in Equitable Distribution, Income Imputation, and Contempt Findings

Date: May 23, 2025
“Beyond 50-50” – DeCrescenzo v Suslak (2025) and the Reinforced Discretion of New York Courts in Equitable Distribution, Income Imputation, and Contempt Findings 1. Introduction In DeCrescenzo v...
Reclaim the Records v. NYS DOH:  A New FOIL Standard for Vital-Statistics Data

Reclaim the Records v. NYS DOH: A New FOIL Standard for Vital-Statistics Data

Date: May 23, 2025
Reclaim the Records v. New York State Department of Health (2025): A New FOIL Standard for Vital-Statistics Data 1. Introduction In Matter of Reclaim the Records v. New York State Department of...
“Substantial-Compliance” Standard for Good-Guy Guaranties – A Commentary on Empanada Fresca LLC v. 1 BK Street Corp. (2025)

“Substantial-Compliance” Standard for Good-Guy Guaranties – A Commentary on Empanada Fresca LLC v. 1 BK Street Corp. (2025)

Date: May 23, 2025
“Substantial-Compliance” Standard for Good-Guy Guaranties Empanada Fresca LLC v. 1 BK Street Corp., 238 A.D.3d 589 (1st Dep’t 2025) I. Introduction Empanada Fresca LLC operated a Colombian restaurant...
“Local Climate Autonomy” – The New York Court of Appeals Declares that the State Climate Act Does Not Field-Preempt Municipal Greenhouse-Gas Regulation

“Local Climate Autonomy” – The New York Court of Appeals Declares that the State Climate Act Does Not Field-Preempt Municipal Greenhouse-Gas Regulation

Date: May 23, 2025
“Local Climate Autonomy” – The Court of Appeals Holds that New York’s Climate Leadership and Community Protection Act Does Not Preempt New York City’s Local Law 97 Introduction In Glen Oaks Village...
Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases

Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases

Date: May 23, 2025
Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases Introduction In People v. Hu Sin, 2025 NY Slip Op 03100, the New York Court...
People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms

People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms

Date: May 23, 2025
People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms Introduction The Third Department’s decision in...
Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein and the Scope of “Direction or Control” under Labor Law § 241(6)

Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein and the Scope of “Direction or Control” under Labor Law § 241(6)

Date: May 22, 2025
Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein (2025) and the Scope of “Direction or Control” under Labor Law § 241(6) Introduction Cadena v. Kupferstein, 238...
Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072)

Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072)

Date: May 22, 2025
Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072) 1. Introduction Matter of Ruth S. is the latest chapter...
Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions

Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions

Date: May 22, 2025
Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions 1. Introduction Matter of Camarda v. Ubert (2025 NY...
Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act

Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act

Date: May 22, 2025
Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act 1. Introduction Parties & Background: Yaakov Rosenfeld (“Plaintiff”)...
Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions

Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions

Date: May 22, 2025
Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions 1. Introduction Feeney v. Giannetti, 238 A.D.3d 991 (2d Dep’t 2025),...
Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions

Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions

Date: May 21, 2025
Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions 1. Introduction Matter of Espinosa (2025 NY Slip Op 03017) addresses...
Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025)

Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025)

Date: May 21, 2025
Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025) 1. Introduction Matter of DeMaio, 2025 NY Slip Op 03016, is the First Department’s latest...
“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025)

“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025)

Date: May 21, 2025
“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025) Introduction The New York Court of Appeals’ decision in People v. Lewis, 2025 NY Slip Op 03011,...
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