Out-of-Possession Landlords Not Liable for Non-“Structural” Garage Rolling Gates Under a Narrow Lease Definition; Futile Administrative Code § 28-301.1 Amendments Properly Denied 1. Introduction...
Admitted MRI Evidence Must Be Meaningfully Made Available to the Jury During Deliberations; Denial Can Require a New Trial on Proximate Cause Under CPLR 4404(a) 1. Introduction In J.T.M. v Parrinello...
Vacatur of Default Custody/Family-Offense Orders Where Participation Was Intended and Best-Interests Facts Remain Disputed Case: Matter of Figaro v. White, 2026 NY Slip Op 03798 (App Div, 2d Dept...
Courts May Not Grant Withdrawn Summary-Judgment Relief; Dental-Malpractice Movants Must Rebut the Bill of Particulars with Nonconclusory, Document-Supported Expert Proof 1. Introduction Rosenzweig v...
Article 19’s Taxicab Exception Does Not Limit Article 6 Wage Rights; “Under Contract” Must Be Negated and Tax Estoppel Is Not Automatic 1. Introduction Case: Abdelhamed v XYZ Limousine, Inc., 2026 NY...
Matter of Chilliest: Rule 8.4(h) Applies Even When Misconduct Also Violates Other Rule 8.4 Provisions Introduction Matter of Chilliest (2026 NY Slip Op 03760 [1st Dept 2026]) is an...
FAPA Section 2 Retroactively Eliminates RPAPL 1301(3) as a CPLR 204(a) Toll in Foreclosure-Related Limitations Disputes Case: Rouge v U.S. Bank Trust N.A. (2026 NY Slip Op 03769) (App Div, 1st Dept,...
Warrantless Cannabis Regulatory Inspections Upheld Under Burger; As-Applied Challenges Must Exhaust Administrative Remedies 1. Introduction In Matter of Super Smoke N Save LLC v New York State...
People v. Everett: A Certificate of Compliance Is Not “Illusory” Merely Because Scientific Testing Was Not Yet Performed Court: Appellate Division, Third Department (June 11, 2026) | Citation: 2026...
Telework as a Reasonable Accommodation Requires an Individualized “Essential Functions” and Undue-Hardship Showing—Generalized Return-to-Office Rationales Are Insufficient Introduction Matter of...
Mutual Aid Demand as Proof of “Public Need”: Deferential Review of SEMSCO Approvals Expanding Ambulance Service Territory 1. Introduction Matter of Ambulnz NY 2, LLC v. New York State Emergency Med....
Arbitration Clauses with Unfilled Arbitrator Blanks Remain Enforceable; Courts May Appoint a Rabbinical Tribunal Under CPLR 7504 1. Introduction Matter of Klein (Human Care Servs. for Families &...
Cost-Justified Sewer Connection Fees: Inflow/Infiltration Mitigation May Be Required, but the Per-Unit Amount Must Be Proven 1. Introduction Matter of Schermerhorn Residential Holdings, L.P. v...
“True Threat” Requirement for Harassment Findings and Domestic-Violence–Informed Custody: Sole Custody with Supervised Parenting Time 1. Introduction Matter of Raelene KK. v Anthony LL. (2026 NY Slip...
Third Department Adopts Farnsworth: Clear-and-Convincing Proof of Sexual Motivation for Pre-SOMTA Designated Felonies Satisfies Due Process in Article 10 1. Introduction Matter of State of New York v...
People v. Hartfield: A Guilty Verdict on the Greater Count Operates as a Statutory Dismissal of Submitted Lesser Counts (CPL 300.40[3][b]) 1. Introduction In People v Hartfield, 2026 NY Slip Op 03698...
Venue Incident to Consolidation: No Independent CPLR 510(3) Showing Required; “Special Circumstances” May Override the First-Filed Rule Case: Preferred Mut. Ins. Co. v. Monahan, 2026 NY Slip Op 03716...
Workers’ Compensation Law § 10 (3) (c) Is Not Retroactive to Final Board Decisions; Correction Officers Are Not “Other Person[s] Certified to Provide Medical Care in Emergencies” Under § 10 (3) (b)...
Electronic FROI “L-With Liability” Entry Is Not a Binding Acceptance Where System-Required; SROI-Employer Paid Preserves One-Year Controvert Period Under WCL § 21-a in Unindexed Claims 1....
People v. Monahan: Shooting Toward Occupied Departing Vehicles Supports Depraved-Indifference Murder; Tampering May Be Inferred from Missing Ballistic Debris and Post-Event Cleaning I. Introduction...