New York Case Commentaries

Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Date: Jul 17, 2025

Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception Introduction In Matter of Santos...

Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Date: Jul 17, 2025

Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs Introduction This commentary analyzes the Appellate...

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds

Date: Jul 17, 2025

Angel v. Strulovich: Three-Year Conversion Limitations Controls Conversion‑Based Constructive Trust Claims; Accrual at Initial Withholding of Investment Funds Introduction In Angel v. Strulovich...

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service

Date: Jul 17, 2025

USPS Change‑of‑Address as Due Diligence: Second Department Clarifies CPLR 308(4) “Affix-and-Mail” and the Burden to Rebut Proper Service Case: PNMAC Mortgage Opportunity Fund Investors, LLC v....

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.)

Date: Jul 17, 2025

School-Observed Injury as Corroboration and Untreated Mental Illness as Independent Grounds for Neglect: Second Department’s Dual-Track Affirmance in Matter of Zaria P. (Sade G.) Introduction In...

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court

Date: Jul 17, 2025

Issue Preclusion in New York Attorney Discipline: Out‑of‑State Probate Findings (Including Intent and Bad Faith) Bind the Respondent, But Rule Violations Remain for the Court Introduction Matter of...

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Date: Jul 17, 2025

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records...

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

Date: Jul 17, 2025

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties Introduction In Angel v....

Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract — Commentary on Golia v. Vieira (2025 NY Slip Op 04087)

Date: Jul 10, 2025

Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract Commentary on Golia v. Vieira, 2025 NY Slip Op 04087 (App Div, 2d Dept)...

Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025)

Date: Jul 10, 2025

Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025) Introduction In Orrego v. Knipfing (2025 NY...

CPLR 306-b “Interest of Justice” Extensions After Defective Foreclosure Service; Borrower/Fee Owner’s Jurisdictional Absence Requires Dismissal of Remaining Parties

Date: Jul 10, 2025

Interest-of-Justice Extensions After Defective Foreclosure Service: Second Department Confirms CPLR 306-b Relief Absent Judgment and Reaffirms Necessity of Joining the Borrower/Fee Owner Introduction...

Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC

Date: Jul 10, 2025

Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC Introduction This...

Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed — Commentary on Dibble v. Schroedel (2025 NY Slip Op 04083)

Date: Jul 10, 2025

Notice-of-Claim Prerequisite Extends to Economic Torts Against Village Officials Acting Within Scope; Donnelly Act and Tortious Interference Pleading Standards Reaffirmed Commentary on Dibble v....

Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093)

Date: Jul 10, 2025

Anti‑SLAPP Is No Shield to Reciprocal Attorney Discipline; Non‑Relitigation and Rule 8.2(a) Reaffirmed — Matter of Jacobs (2025 NY Slip Op 04093) Introduction Matter of Jacobs is a reciprocal...

Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent

Date: Jul 10, 2025

Recasting Claims Cannot Evade Res Judicata: Dismissal With Prejudice Bars Later Money‑Had‑and‑Received, Conversion, and Interference Theories; No Fiduciary Duty Owed by Opposing Escrow Agent Case:...

Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission

Date: Jul 3, 2025

Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission Introduction In Brennan v. MacDonald...

People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions

Date: Jul 3, 2025

People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions Introduction People v. Patierno (2025 NY Slip Op...

People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators

Date: Jul 3, 2025

People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators Introduction This commentary analyzes the Appellate Division, Second...

Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)

Date: Jul 3, 2025

Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)...

Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential malpractice—warrants a multi‑year suspension (Matter of Blyer, 2025 NY Slip Op 04005)

Date: Jul 3, 2025

Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential...

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