New York Case Commentaries

Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage

Date: Oct 10, 2025

Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage Introduction In Brooklyn Tabernacle v. Thor 180 Livingston, LLC,...

Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York

Date: Oct 10, 2025

Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York Introduction This commentary examines...

Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc.

Date: Oct 10, 2025

Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc. Introduction In...

Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp.

Date: Oct 10, 2025

Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp. Court: Appellate Division...

Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice

Date: Oct 10, 2025

Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice...

Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon

Date: Oct 10, 2025

Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon Court: Appellate Division, Second Department, New York Date: October 8,...

Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens: Commentary on Lesavoy v. Brady

Date: Oct 10, 2025

Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens Comprehensive Commentary on Lesavoy v. Brady,...

Second Department Clarifies Remedies for Municipal Fire District Employees: Civil Service Law § 75-b Is the Exclusive Whistleblower Path; Labor Law §§ 215 and 193 Inapplicable; One-Year Limit Applies and Non-District Entities Dismissed

Date: Oct 10, 2025

Second Department Clarifies Remedies for Municipal Fire District Employees: Civil Service Law § 75-b Is the Exclusive Whistleblower Path; Labor Law §§ 215 and 193 Inapplicable; One-Year Limit Applies...

Practical Location Without Mistake: Former Fence Fixes Boundary; Necessary Parties and Laches Narrowly Applied — Manieri v. Ebers (2d Dep’t 2025)

Date: Oct 10, 2025

Practical Location Without Mistake: Former Fence Fixes Boundary; Necessary Parties and Laches Narrowly Applied — Manieri v. Ebers (2d Dep’t 2025) Introduction In Manieri v. Ebers (2025 NY Slip Op...

Clear Title Through Federal Forfeiture: Lender’s Failure to Petition Under 21 U.S.C. § 853(n) Extinguishes Mortgage and Bars Foreclosure

Date: Oct 10, 2025

Clear Title Through Federal Forfeiture: Lender’s Failure to Petition Under 21 U.S.C. § 853(n) Extinguishes Mortgage and Bars Foreclosure Introduction In Midfirst Bank Federally Chartered Savings...

Sinclair v. City of New York: Interior–Exterior Location Mismatch in GML § 50‑e Notice Is a Substantive Defect Not Curable by § 50‑h; Amendment Must Be Denied on the Merits

Date: Oct 10, 2025

Sinclair v. City of New York: Interior–Exterior Location Mismatch in GML § 50‑e Notice Is a Substantive Defect Not Curable by § 50‑h; Amendment Must Be Denied on the Merits Court: Appellate Division,...

Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley

Date: Oct 9, 2025

Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley Introduction In Moore v. Maley, 2025 NY...

Redistribution, Not Reversion: Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds in O'Brien v. Sagbolt LLC

Date: Oct 9, 2025

Redistribution, Not Reversion: The Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds Introduction In O'Brien v. Sagbolt LLC, 2025 NY Slip Op 05280...

Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses

Date: Oct 2, 2025

Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses Introduction In 2261 Realty, LLC v. Cai...

Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing

Date: Oct 2, 2025

Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing Introduction Matter of Harbourview Realty, LLC v. Village of Roslyn...

Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority

Date: Oct 2, 2025

Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority Case: Lengyel-Fushimi v. Bellis, 2025 NY...

No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4

Date: Oct 2, 2025

No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4 Introduction In K.K. Machine Co., Inc. v. Grillo, 2025 NY Slip Op 05225 (App Div, 2d Dept...

No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts

Date: Oct 2, 2025

No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts Introduction In Matter of Austin,...

New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane

Date: Oct 2, 2025

New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane Introduction In South Shore Eye Care,...

UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal — Commentary on Laurelton Estates, LLC v. Prince

Date: Oct 2, 2025

UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal Comprehensive Commentary on Laurelton Estates, LLC v. Prince, 2025 NY Slip Op 05226 (2d Dep’t...

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