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  • Commentaries
  • Judgments

New York Case Commentaries

GML §239-m Referral as a Non-Waivable Jurisdictional Prerequisite for Non-Exempt Area Variances: Filing Does Not Trigger Limitations; ZBA Approval Is Null and Void

GML §239-m Referral as a Non-Waivable Jurisdictional Prerequisite for Non-Exempt Area Variances: Filing Does Not Trigger Limitations; ZBA Approval Is Null and Void

Date: Jul 26, 2025
GML §239-m Referral as a Non-Waivable Jurisdictional Prerequisite for Non-Exempt Area Variances: Filing Does Not Trigger Limitations; ZBA Approval Is Null and Void Introduction Matter of Johnson v....
Heinrich v. Serens: Clarifying Missing‑Witness Burdens and the Scope of Pleaded Negligence in Multi‑Provider Medical Malpractice Trials

Heinrich v. Serens: Clarifying Missing‑Witness Burdens and the Scope of Pleaded Negligence in Multi‑Provider Medical Malpractice Trials

Date: Jul 26, 2025
Heinrich v. Serens: Clarifying Missing‑Witness Burdens and the Scope of Pleaded Negligence in Multi‑Provider Medical Malpractice Trials Introduction In Heinrich v. Serens (2025 NY Slip Op 04318), the...
Limiting Labor Law § 200 to “Construction-Site” Context and Enforcing Broad Tenant Indemnity: Curran v. JJML, Inc. (4th Dep’t 2025)

Limiting Labor Law § 200 to “Construction-Site” Context and Enforcing Broad Tenant Indemnity: Curran v. JJML, Inc. (4th Dep’t 2025)

Date: Jul 26, 2025
Limiting Labor Law § 200 to “Construction-Site” Context and Enforcing Broad Tenant Indemnity: Curran v. JJML, Inc. (4th Dep’t 2025) Introduction In Curran v. JJML, Inc. (2025 NY Slip Op 04356), the...
McGuire: Surrogate’s Courts May Compel Sibling DNA Testing to Establish Nonmarital Parentage Even in Testate Estates

McGuire: Surrogate’s Courts May Compel Sibling DNA Testing to Establish Nonmarital Parentage Even in Testate Estates

Date: Jul 26, 2025
McGuire: Surrogate’s Courts May Compel Sibling DNA Testing to Establish Nonmarital Parentage Even in Testate Estates Introduction This commentary analyzes the Appellate Division, Fourth Department’s...
Refining Equivocal Self‑Representation Requests After People v Lewis: The Fourth Department’s Framework in People v Davis (2025)

Refining Equivocal Self‑Representation Requests After People v Lewis: The Fourth Department’s Framework in People v Davis (2025)

Date: Jul 26, 2025
Refining Equivocal Self‑Representation Requests After People v Lewis: The Fourth Department’s Framework in People v Davis (2025) Introduction People v. Davis (2025 NY Slip Op 04300) is a Fourth...
A Roof Is Not the Home: Public Exposure Defines “Outside the Home” under Penal Law § 265.03(3) and Limits on Miranda in On‑Scene Questioning — Commentary on People v. Casiano (2025)

A Roof Is Not the Home: Public Exposure Defines “Outside the Home” under Penal Law § 265.03(3) and Limits on Miranda in On‑Scene Questioning — Commentary on People v. Casiano (2025)

Date: Jul 26, 2025
A Roof Is Not the Home: Public Exposure Defines “Outside the Home” under Penal Law § 265.03(3) and Limits on Miranda in On‑Scene Questioning Commentary on People v. Casiano, 2025 NY Slip Op 04316...
Clarifying “Diligent Efforts” in Permanent Neglect: Agency Need Not Rely on Foster-Parent Transportation; Offering Bus Tickets Suffices — Matter of Ayden G. (Nicky C.)

Clarifying “Diligent Efforts” in Permanent Neglect: Agency Need Not Rely on Foster-Parent Transportation; Offering Bus Tickets Suffices — Matter of Ayden G. (Nicky C.)

Date: Jul 26, 2025
Clarifying “Diligent Efforts” in Permanent Neglect: Agency Need Not Rely on Foster-Parent Transportation; Offering Bus Tickets Suffices — Matter of Ayden G. (Nicky C.) Introduction This commentary...
Derivative Standing via Testamentary Trust Devolution and Temporal Limits on Faithless Servant Disgorgement: Commentary on Owen v. Hurlbut (2025 NY Slip Op 04311)

Derivative Standing via Testamentary Trust Devolution and Temporal Limits on Faithless Servant Disgorgement: Commentary on Owen v. Hurlbut (2025 NY Slip Op 04311)

Date: Jul 26, 2025
Derivative Standing via Testamentary Trust Devolution and Temporal Limits on Faithless Servant Disgorgement: Commentary on Owen v. Hurlbut (2025 NY Slip Op 04311) Introduction Owen v. Hurlbut is a...
Satisfying Nemeth in Friction-Product Asbestos Cases: Fourth Department Upholds Causation via Product-Specific Testing and Fiber‑Year Estimates

Satisfying Nemeth in Friction-Product Asbestos Cases: Fourth Department Upholds Causation via Product-Specific Testing and Fiber‑Year Estimates

Date: Jul 26, 2025
Satisfying Nemeth in Friction-Product Asbestos Cases: Fourth Department Upholds Causation via Product-Specific Testing and Fiber‑Year Estimates Introduction In Skrzynski v. Akebono Brake Corp. (2025...
Verbal “Stop” Command Alone Is Not a Seizure; Flight Plus Match to a Detailed 911 Description Creates Reasonable Suspicion for Pursuit — Commentary on People v. Wright (2025)

Verbal “Stop” Command Alone Is Not a Seizure; Flight Plus Match to a Detailed 911 Description Creates Reasonable Suspicion for Pursuit — Commentary on People v. Wright (2025)

Date: Jul 26, 2025
Verbal “Stop” Command Alone Is Not a Seizure; Flight Plus Match to a Detailed 911 Description Creates Reasonable Suspicion for Pursuit In-depth Commentary on People v. Wright, 2025 NY Slip Op 04345...
“One Letter Is Not Due Diligence”: People v. Ernst Clarifies Discovery Due Diligence and the Limits of CPL 30.30 Tolling for “Pending” Motions

“One Letter Is Not Due Diligence”: People v. Ernst Clarifies Discovery Due Diligence and the Limits of CPL 30.30 Tolling for “Pending” Motions

Date: Jul 26, 2025
“One Letter Is Not Due Diligence”: People v. Ernst Clarifies Discovery Due Diligence and the Limits of CPL 30.30 Tolling for “Pending” Motions Introduction People v. Ernst (2025 NY Slip Op 04329) is...
Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants

Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants

Date: Jul 24, 2025
Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants Introduction In OneWest...
“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction

“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction

Date: Jul 24, 2025
“Every Civil Claim” Means Every: Second Department Holds CPLR 214‑j (Adult Survivors Act) Revives Claims Despite Prior Dismissal for Lack of Personal Jurisdiction Introduction Esposito v. Isaac (2025...
Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections — Commentary on S.E. v. Diocese of Brooklyn (2025 NY Slip Op 04228)

Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections — Commentary on S.E. v. Diocese of Brooklyn (2025 NY Slip Op 04228)

Date: Jul 24, 2025
Neutral-Principles Discovery of Clergy Files in Child Victims Act Litigation: Limits of Religious and Counseling Privileges and Preservation of Attorney-Client/Work-Product Protections Introduction...
No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly

No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly

Date: Jul 24, 2025
No-Proof Delay Damages in Arbitration Vacated as Irrational: Second Department narrows damages without evidentiary basis and construes CPLR 7511(c) “miscalculation” narrowly Introduction In Matter of...
No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements: Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op 04223)

No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements: Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op 04223)

Date: Jul 24, 2025
No Commission Without Procuring Cause Absent Unequivocal “Exclusive Right” Language in Financing Brokerage Agreements Commentary on Angelic Real Estate, LLC v. Aurora Properties, LLC (2025 NY Slip Op...
Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Commentary on Novegil-Peralta v. Rettig (2025 NY Slip Op 04255)

Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Commentary on Novegil-Peralta v. Rettig (2025 NY Slip Op 04255)

Date: Jul 24, 2025
Late-Stage Discovery Cannot Expand Theories; No Labor Law Liability Without Supervisory Control — Novegil-Peralta v. Rettig (2025 NY Slip Op 04255) Court: Appellate Division of the Supreme Court,...
CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute

CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute

Date: Jul 24, 2025
CPLR 205(a) Strictly Applied: Default Dismissals Terminate Immediately; Refiling by Unappointed Estate Representative and Late Service Cannot Invoke the Savings Statute Introduction In Ellis v....
Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253)

Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253)

Date: Jul 24, 2025
Interlocutory Foreclosure Orders and Lis Pendens Cancellations Are Not “Final Judgments” for Res Judicata: Commentary on Nationstar Mortgage, LLC v. Davis (2025 NY Slip Op 04253) Introduction This...
Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale

Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale

Date: Jul 24, 2025
Under FAPA, a foreclosure judgment is not “enforced” until the auction concludes: Second Department applies retroactivity and time-bars suit despite judgment of foreclosure and sale Introduction...
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