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  • Commentaries
  • Judgments

New York Case Commentaries

Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: 
Commentary on Cagua v. Bushwick Holdings, LLC (2025 NY Slip Op 02753)

Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (2025 NY Slip Op 02753)

Date: May 8, 2025
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (App. Div. 2d Dep’t 2025) Introduction Cagua v. Bushwick Holdings, LLC...
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power

Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power

Date: May 8, 2025
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power...
“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

Date: May 7, 2025
“From Notice to Action” – The Donaldson Standard on Engineering Delay, Suicide-Prevention Measures and the Bridge Owner’s Duty of Reasonable Care Introduction Donaldson v. Port Authority of New York...
Reaffirming the Mandatory Nature of Abatement Ab Initio in New York: People v. Cruciani & People v. Nowell (2025)

Reaffirming the Mandatory Nature of Abatement Ab Initio in New York: People v. Cruciani & People v. Nowell (2025)

Date: May 7, 2025
Reaffirming the Mandatory Nature of the Abatement Ab Initio Doctrine in New York: Appellate Division Maintains that Only the Court of Appeals or the Legislature May Alter the Rule 1. Introduction The...
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025)

“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025)

Date: May 3, 2025
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025) Introduction The Fourth Department’s 2025 decision in People v. Nathan, 238 A.D.3d 1516, tackles a...
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel

People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel

Date: May 3, 2025
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel Introduction People v. Vanderbilt, 238...
People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses

People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses

Date: May 3, 2025
People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses Introduction In People v. Dozier, 238 A.D.3d 1523...
The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

Date: May 2, 2025
The Immutable-Conviction-Date Rule for Automatic Disbarment Commentary on Matter of Trubitsky, 2025 NY Slip Op 02649 (1st Dept.) Introduction Matter of Trubitsky presents a straightforward but...
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

Date: May 2, 2025
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline Introduction Matter of Stafford (2025 NY Slip Op 02648) is a First Department...
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea in People v. Sabb (2025)

“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea in People v. Sabb (2025)

Date: May 2, 2025
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea A Commentary on People v. Sabb, 238 A.D.3d 1212 (3d Dep’t 2025) 1. Introduction People v. Sabb arises...
Hernandez v. Port Authority (2025): Expanding §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites

Hernandez v. Port Authority (2025): Expanding §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites

Date: May 2, 2025
Hernandez v. Port Authority (2025): Expanding Labor Law §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites Introduction In Hernandez v....
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations

Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations

Date: May 1, 2025
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations Introduction Keller v. Keller (2025 NY Slip Op 02581) is a significant decision from the...
Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims

Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims

Date: May 1, 2025
Deane v. Tracer (2025): Histopathological Proof as a Shield Against Summary Judgment in Foreign-Object Malpractice Claims 1. Introduction Deane v. Tracer, 237 A.D.3d 1156 (2d Dep’t 2025) addresses...
No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: An Analysis of McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468)

No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: An Analysis of McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468)

Date: Apr 26, 2025
No Standing for Independent-Contractor Affiliates to Seek Counsel Disqualification: A Commentary on McGuire v. The McGuire Group, Inc. (2025 NY Slip Op 02468) Introduction The Fourth Department’s...
Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity

Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity

Date: Apr 26, 2025
Granath v. Monroe County: Clarifying “Reckless Disregard” and Confirming that Lights-and-Sirens Are Not a Pre-Condition to VTL §1104 Immunity 1. Introduction Granath v. Monroe County, 237 A.D.3d 1594...
Matter of Jayden M.:  Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default

Matter of Jayden M.: Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default

Date: Apr 26, 2025
Matter of Jayden M.: Email Service Does Not Trigger Appellate Deadlines & “Standing-Mute” Representation Constitutes Party Default Introduction The Fourth Department’s decision in Matter of Jayden M....
Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery

Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery

Date: Apr 26, 2025
Arcangeli v. Global Industries: Re-affirming the Manufacturer’s Continuing Duty to Warn and Heightened Burden on Summary Judgment for Design-Defect Claims Involving Used Farm Machinery Introduction...
The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims

The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims

Date: Apr 25, 2025
The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims Introduction In Matter of Ocasio (City Sch. Dist. of the City of N.Y.—Commissioner of...
Guarding Against “Placement-by-Prosecution”:  Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings

Guarding Against “Placement-by-Prosecution”: Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings

Date: Apr 25, 2025
Guarding Against “Placement-by-Prosecution”: Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings Introduction The Third Department’s 2025...
Authenticity vs. Authority – DiCenzo v. Mone Clarifies the “Forged-Deed” Exception and Non-Party Tax Return Subpoenas

Authenticity vs. Authority – DiCenzo v. Mone Clarifies the “Forged-Deed” Exception and Non-Party Tax Return Subpoenas

Date: Apr 25, 2025
Authenticity vs. Authority: DiCenzo v. Mone (2025) Narrows the Forged-Deed Exception to the Fraud Statute of Limitations and Sets Parameters for Subpoenaing Non-Party Tax Returns 1. Introduction...
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