Final Divorce Judgment Bars Relitigation of Disability-Pension Distribution; Courts Must Amend DROs to Conform and Award Arrears from Accrual Case: Tierney v Tierney, 2026 NY Slip Op 03720 (App Div...
Matter of Clemente: Surrogate’s Court Jurisdiction Over Lifetime Trusts Based on Trustee “Residence” and Finality of Open-Court Settlements Despite Suspected Fraud 1. Introduction Matter of Clemente...
People v. Thornton: A CPL 440 Hearing Is Required Where Counsel Allegedly Withheld Known Impeachment Material About the Defense’s Sole Expert 1. Introduction Case: People v Thornton, 2026 NY Slip Op...
Open Meetings Law Challenges Are Governed by CPLR 217(1)’s Four-Month Limitations Period Absent Proof of an Executive Session Triggering Public Officers Law § 107(3) 1. Introduction McRory v...
Disbarment Warranted for Immigration-Fraud “Serious Crime” Where Attorney Knowingly Coaches False Asylum Claims Introduction Matter of Greenberg, 2026 NY Slip Op 03672 (App. Div. 2d Dep’t June 10,...
Belated Rosario Disclosure of Prosecution-Held Therapy Notes Requires New Trial When Prejudice Is Not Cured by Preclusion 1. Introduction In People v Ibrahim (2026 NY Slip Op 03687 [App Div, 2d Dept...
Public Service Commission Rate-Fixing Under ECL 15-1521 Is Limited to New/Increased Withdrawals; NYC Water Board Sets Rates for Existing Agreements Subject to DEC Review 1. Introduction Matter of...
Seminary “Human Formation” Assessments Are Nonjusticiable Under the First Amendment (and Foreign Seminary Contacts Do Not Create New York Long-Arm Jurisdiction) Case: Gorgia v Dolan, 2026 NY Slip Op...
CERCLA § 9658 Preempts CPLR 214-c Accrual Even Without CERCLA Liability in New York Toxic-Tort Suits I. Introduction Klaus v. Town of Brookhaven (2026 NY Slip Op 03669 [2d Dept June 10, 2026]) arises...
Repudiating Insurers Cannot Later Demand Suit-Paper Compliance or Reopen Default Damages Under Insurance Law § 3420 Case: Shattuck v Dryden Mut. Ins. Co., 2026 NY Slip Op 03538 (App Div, 4th Dept...
Labor Law § 240(1): A Worker’s Use of a Ladder Modified at a Tenant Employee’s Direction Defeats “Sole Proximate Cause” and Supports Summary Judgment 1. Introduction Delisle v. FBBT/US Props., LLC,...
People v. Pulley: Juror-Pressure Affidavits Cannot Impeach a Verdict Without “Improper Influence,” and Long Preindictment Delay May Be Justified by Continuing Investigation Court: Appellate Division,...
Attorney for the Child May File an Article 8 Family Offense Petition on a Child’s Behalf Against a Nonparent Family Member I. Introduction Matter of Lockhart v Monica (2026 NY Slip Op 03535 [4th Dept...
Undue Influence Claims Survive Summary Judgment Where Record Shows Triable Issues and Proponent Concedes Credibility Disputes — Matter of Estate of Mielty (Mielty) 1. Introduction Matter of Estate of...
Trust Accounting Objections: Liberal Amendment and Summary-Judgment Limits in “Prudent Person” Diversification Claims Introduction In Matter of James M. McDonald III Trust (JP Morgan Chase Bank,...
Public Street Utility-Vault Grate Gaps: Google Street Imagery, Competing Experts, and the Limits of “Trivial Defect” and “Open and Obvious” on Summary Judgment Introduction Stegman v City of Glens...
Matter of Kosier: Triable SCPA 707 Disqualification Allegations Require a Hearing Before Granting Letters of Administration to a Surviving Spouse 1. Introduction Matter of Kosier (Appellate Division,...
Summary Judgment Requires Decipherable Proof Linking Business Records to the Amount Claimed: Gaul v. Cool Insuring Agency, Inc. (3d Dept 2026) 1. Introduction In Gaul v Cool Insuring Agency, Inc....
Article 15 Requires Bona Fide Paid Municipal Employment: Sham “Donation-for-Job” Arrangements Do Not Create Service Credit 1. Introduction Matter of Ballard v DiNapoli (2026 NY Slip Op 03493 [3d Dept...
People v. Russ: Inventory Searches Require Proof of Standardized, Discretion-Limiting Policy (Including Any Canine Use or Intrusive Compartment Access) 1. Introduction In People v Russ (2026 NY Slip...