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  • Commentaries
  • Judgments

New York Case Commentaries

“Expanding Corroboration” – Matter of Jahkell SS. (2025): Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings

“Expanding Corroboration” – Matter of Jahkell SS. (2025): Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings

Date: Apr 25, 2025
“Expanding Corroboration” – Matter of Jahkell SS. (Victoria SS.) (2025) Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings Introduction Matter of Jahkell SS....
Discretionary Cancellation of Lis Pendens: The Inherent-Power Doctrine Reaffirmed in Zwickel v. Underhill Land LLC

Discretionary Cancellation of Lis Pendens: The Inherent-Power Doctrine Reaffirmed in Zwickel v. Underhill Land LLC

Date: Apr 25, 2025
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): No Sua Sponte Inquiry into Psychiatric Defenses after Competency Finding

People v. Cox (2025): No Sua Sponte Inquiry into Psychiatric Defenses after Competency Finding

Date: Apr 25, 2025
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 – Commentary on Matter of Ostrander (2025)

Minor Discrepancies No Longer Defeat the Presumption of Regularity in Will Executions – Commentary on Matter of Ostrander (2025)

Date: Apr 25, 2025
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

Conditional Reinstatement and the “No-Solo Practice” Mandate: Matter of Crockett (2025) and the Elevated Public-Interest Test for Suspended Attorneys

Date: Apr 25, 2025
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

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

Date: Apr 24, 2025
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

Lopez v. Neira: Reaffirming the Court’s Non-Delegable Duty to Define Post-Counseling Parental Access Schedules

Date: Apr 24, 2025
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

“The Whitfield Clarification” – Pleading Injury in Fraud and Defining Freelancer Status under NY Labor Law & FLSA

Date: Apr 24, 2025
“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)

Course-of-Conduct Modifications and Good-Faith Bonus Allocation: Commentary on Gutt v. North American Partners in Anesthesia, LLP (2025)

Date: Apr 24, 2025
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 – A Commentary on Brennan v. Deutsche Bank Trust Co. Americas (2025)

FAPA Estoppel Solidified: Dismissal for RPAPL 1304 Non-Compliance Does Not Undo Mortgage Acceleration – A Commentary on Brennan v. Deutsche Bank Trust Co. Americas (2025)

Date: Apr 24, 2025
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

Antommarchi Waiver and Harmless‐Error Doctrine for Sidebar Exclusions Established in People v. Hoyt

Date: Apr 18, 2025
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

Procedural Limits on Injunctive Relief: Mootness and Venue in Stay Motions under CPLR – Matter of Town of Colonie v. City of New York

Date: Apr 18, 2025
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...
Conflict in Expert Testimony Prevents Summary Judgment: Matney v. Boyle Establishes Triable Issues Rule in Medical Malpractice

Conflict in Expert Testimony Prevents Summary Judgment: Matney v. Boyle Establishes Triable Issues Rule in Medical Malpractice

Date: Apr 18, 2025
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

Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke

Date: Apr 18, 2025
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

Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith

Date: Apr 18, 2025
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: Comment on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal (2025)

“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Comment on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal (2025)

Date: Apr 18, 2025
“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

Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines

Date: Apr 18, 2025
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

Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law

Date: Apr 18, 2025
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

Reaffirming Constructive‐Notice Standards in Negligent Supervision under the Child Victims Act

Date: Apr 18, 2025
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

Enforcement vs. Contest: Strict Construction of In Terrorem Clauses in Trust Agreements

Date: Apr 18, 2025
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...
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