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  • Commentaries
  • Judgments

New York Case Commentaries

“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025)

“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025)

Date: May 21, 2025
“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025) 1. Introduction In Ezrasons, Inc. v. Rudd, 2025 NY Slip Op 03008, the New York...
The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars

The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars

Date: May 21, 2025
The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars Introduction People v. Holmes-Austin (2025 NY Slip Op 03021) was decided by the...
No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.)

No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.)

Date: May 21, 2025
No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.), 2025 NY Slip Op 03010 1. Introduction The New York Court of Appeals, in Matter of...
People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis

People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis

Date: May 16, 2025
People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis Introduction In People v. Cruz, 238 A.D.3d 1327 (3d...
People v. Thomison (2025): Strengthening the “Basis-of-Knowledge” Requirement for Informant Tips and Re-limiting Intrusive Detentions Following Routine Traffic Stops

People v. Thomison (2025): Strengthening the “Basis-of-Knowledge” Requirement for Informant Tips and Re-limiting Intrusive Detentions Following Routine Traffic Stops

Date: May 15, 2025
People v. Thomison (2025): Strengthening the “Basis-of-Knowledge” Requirement for Informant Tips and Re-limiting Intrusive Detentions Following Routine Traffic Stops Introduction People v. Thomison,...
Union Standing Beyond Active Membership & Retiree Grievance Exemption: The Precedential Effect of Chappaqua Congress of Teachers v. Board of Education (2025)

Union Standing Beyond Active Membership & Retiree Grievance Exemption: The Precedential Effect of Chappaqua Congress of Teachers v. Board of Education (2025)

Date: May 15, 2025
Union Standing Beyond Active Membership & Retiree Grievance Exemption: The Precedential Effect of Chappaqua Congress of Teachers v. Board of Education (2025) 1. Introduction The Appellate Division,...
Notice of Pendency Insufficient to Upset Good-Faith Foreclosure Purchaser’s Title after Reversal – A Commentary on Yesmin v. Aliobaba, LLC (2025)

Notice of Pendency Insufficient to Upset Good-Faith Foreclosure Purchaser’s Title after Reversal – A Commentary on Yesmin v. Aliobaba, LLC (2025)

Date: May 15, 2025
“Lis Pendens versus Good-Faith Foreclosure Purchaser” – The New Rule from Yesmin v. Aliobaba, LLC 1. Introduction Yesmin v. Aliobaba, LLC, 2025 NY Slip Op 02964, presented the New York Appellate...
Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert‐Affidavit Standards on Summary Judgment

Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert‐Affidavit Standards on Summary Judgment

Date: May 15, 2025
Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert-Affidavit Standards on Summary Judgment Introduction In Williams v. Levine, 2025 NY Slip Op 02962, the...
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1)

Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1)

Date: May 15, 2025
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1) I. Introduction In Weekes v. Tishman Technologies Corporation, 238...

        “A Legal Nullity Without Leave” –  
        Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals

“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals

Date: May 15, 2025
“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals Introduction Raiola v. Roman...
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10

“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10

Date: May 15, 2025
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10 Introduction People v. Wilson (2025 NY Slip Op 02940) arises from a modern...
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships

Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships

Date: May 15, 2025
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships Introduction Matter of Silda E.H. (Henderson), 238...
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds

Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds

Date: May 15, 2025
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds 1. Introduction Canty v. Burns (2025 NY Slip...
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes

Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes

Date: May 15, 2025
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes Introduction Background. In Atlasman v. Korol, the Appellate...
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Date: May 14, 2025
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker Introduction In Matter of Fenstermaker, 2025 NY Slip Op 02878, the Appellate...
Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025)

Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025)

Date: May 10, 2025
Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025) 1. Introduction In Matter of Wohl v. Bruen, 238 A.D.3d 818 (2d Dep’t 2025), the...
Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law

Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law

Date: May 8, 2025
Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law Introduction County governments from eight regions (Onondaga, Nassau, Oneida, Rensselaer, Rockland, Dutchess,...
“Retention-of-Use” as a Badge of Fraud: The New Standard for Summary Judgment under Former DCL §§ 273 & 276

“Retention-of-Use” as a Badge of Fraud: The New Standard for Summary Judgment under Former DCL §§ 273 & 276

Date: May 8, 2025
“Retention-of-Use” as a Badge of Fraud: Appellate Division Reinforces Summary Judgment Standards in Schiffman v. Affordable Shoes, Ltd. (2025) 1. Introduction Matter of Schiffman v. Affordable Shoes,...
Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms: Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025)

Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms: Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025)

Date: May 8, 2025
Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025) Introduction The Appellate...
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified

Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified

Date: May 8, 2025
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified 1. Introduction Conte v. Tri-State Technologies,...
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