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Discretionary Cancellation of Lis Pendens: The Inherent-Power Doctrine Reaffirmed in Zwickel v. Underhill Land LLC Introduction Zwickel v. Underhill Land LLC (2025 NY Slip Op 02384) is a Third...
People v. Cox (2025): Appellate Division Clarifies that Trial Courts Are Not Required to Conduct a Sua Sponte Psychiatric-Defense Inquiry During Plea Allocution Once Competency Has Been Established...
Minor Discrepancies No Longer Defeat the Presumption of Regularity in Will Executions – A Detailed Commentary on Matter of Ostrander (2025 NY Slip Op 02382) 1. Introduction The Appellate Division,...
Conditional Reinstatement and the “No-Solo Practice” Mandate: Matter of Crockett (2025) and the Elevated Public-Interest Test for Suspended Attorneys I. Introduction Matter of Crockett, 237 A.D.3d...
The Dual-Track Test for Fraudulent Conveyance Claims: Pine Valley Center, LLC v. Jacobs Refines Summary-Judgment Standards under former N.Y. Debtor & Creditor Law §§ 273 and 276 1. Introduction In...
Lopez v. Neira: Reaffirming the Court’s Non-Delegable Duty to Define Post-Counseling Parental Access Schedules Introduction In Matter of Lopez v. Neira (2025 NY Slip Op 02345), the Appellate...
“The Whitfield Clarification” – Pleading Injury in Fraud and Defining Freelancer Status under NY Labor Law & FLSA Introduction Whitfield v. Law Enforcement Employees Benevolent Association (237...
Course-of-Conduct Modifications and Good-Faith Bonus Allocation: Commentary on Gutt v. North American Partners in Anesthesia, LLP (2025 NY Slip Op 02326; 237 A.D.3d 1063) 1. Introduction Gutt v....
FAPA Estoppel Solidified: Dismissal for RPAPL 1304 Non-Compliance Does Not Undo Mortgage Acceleration – Brennan v. Deutsche Bank Trust Co. Americas (2025) Introduction Brennan v. Deutsche Bank Trust...
Antommarchi Waiver and Harmless‐Error Doctrine for Sidebar Exclusions Established in People v. Hoyt 1. Introduction In People v. Hoyt (2025 NYSlipOp 02241), the Appellate Division, Third Department,...
Procedural Limits on Injunctive Relief: Mootness and Venue in Stay Motions under CPLR Matter of Town of Colonie v. City of New York (2025 NYSlipOp 02256) Introduction The Appellate Division, Third...
New Rule: Conflicting Expert Opinions on Standard of Care and Causation Create Triable Issues Precluding Summary Judgment in Medical Malpractice Actions Introduction Matney v. Boyle, 2025 NYSlipOp...
Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke Introduction This commentary examines the landmark decision in Flanders v. Goodfellow (2025 NYSlipOp 02261), in which the...
Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith Introduction People v. Smith (2025 NYSlipOp 02244) was decided by the Appellate Division, Third...
“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Commentary on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal, 2025 NY Slip Op 02262 Introduction On 17...
Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines Introduction In Hunt v. State of New York (2025 NYSlipOp 02251), the Appellate Division, Third Department,...
Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law Introduction Matter of National Building &...
Reaffirming Constructive‐Notice Standards in Negligent Supervision under the Child Victims Act Introduction Nellenback v. Madison County (2025 NYSlipOp 02263) presents a deeply tragic account of...
Enforcement vs. Contest: Strict Construction of In Terrorem Clauses in Trust Agreements Introduction Carlson v. Colangelo (2025 NYSlipOp 02264) arose from a dispute over the administration and...