Prolonged Escrow Shortages and Delayed Reconciliation Warrant Multi-Year Suspension (Matter of Taylor) 1. Introduction Matter of Taylor (2026 NY Slip Op 03447) is an attorney disciplinary decision...
Serba v. Cook: “As Is” Disclaimers and Caveat Emptor Bar Real-Estate Fraud Claims Absent Active Concealment; Title-Search Negligence Is Foreclosed After Merger into the Title Policy Court: Appellate...
Reciprocal Discipline in New York: Foreign Censure Enforced Absent a 22 NYCRR 1240.13 Defense, Despite Pending Malpractice Claims 1. Introduction Matter of Murray-Nolan (2026 NY Slip Op 03365 [1st...
Disqualification from NY Public Matching Funds Is Arbitrary When PCFB Fails to Provide Joint-Filing Forms, Updated Guidance, and the Regulatory Cure Opportunity Case: Matter of Blakeman v. New York...
Zero-Point RAI Factors May Still Support SORA Downward Departures: Employment and Family Support as Mitigation (People v. Green) 1. Introduction In People v Green (2026 NY Slip Op 03378 [May 28,...
Credible, Job-Specific Proof Required to Fix “Last Harmful-Noise Employer” Liability for Occupational Hearing Loss Under Workers’ Compensation Law § 49-ee 1. Introduction In Matter of Kowalski v A...
CLCPA Applies to PSC “Declaratory Rulings” that Function as Consent to Utility Transfers 1. Introduction Matter of Clean Air Coalition of W. N.Y., Inc. v. New York State Pub. Serv. Commission, 2026...
Negligent Entrustment Requires Triable Proof of Foreseeability and “Entrustment” — Not Mere Allegations of Negligent Supervision Case: DeCaro v Somerset Indus., Inc., 2026 NY Slip Op 03345 (3d Dept...
Matter of DeLorenzo — Reinstatement from Interim Suspension Turns on Actual Duration (MPRE and Long-Form Affidavit After Six Months) 1. Introduction Matter of DeLorenzo (2026 NY Slip Op 03354 [3d...
Matter of Moss: Interim Suspension for Patterned Noncooperation—Extensions and “Final-Date” Demands Do Not Defeat 22 NYCRR 1240.9(a) 1. Introduction Matter of Moss (2026 NY Slip Op 03364, 1st Dept...
Under-20 Age at First Sex Offense Cannot Support a SORA Downward Departure Because the RAI Treats Youth as an Aggravating Factor I. Introduction People v Carnegie (2026 NY Slip Op 03379 [May 28,...
Control-and-Supervision Can Support Joint-Employer Status Under the NYHRL—But Discrimination, Hostile Environment, and Retaliation Still Fail Absent Severe/Pervasive Proof or Evidence of Pretext...
Sole Discretion to Assign a Loan Does Not Extinguish the Implied Covenant Against Bad-Faith, Collusive Assignments Introduction In 111 W. 57th Inv. LLC v 111 W57 Mezz Inv. LLC (2026 NY Slip Op 03376...
BP3 Capital, LLC v. 5120 Realty Corp.: Apparent Authority in Corporate Mortgage Closings Requires Principal-Based Conduct and a Reasonable Lender Inquiry (and CPLR 3025(b) Amendments Should Be...
Unverified Generative-AI Case Citations Are “Frivolous Conduct” Under 22 NYCRR 130-1.1—Even for Pro Se Appellants Case: Matter of Julien v Arthur, 2026 NY Slip Op 03308 (App Div 2d Dept May 27, 2026)...
Denial of Summary Judgment Does Not Bar Trial Finding of “Willful and Avowed Obstruction” Supporting a Noncooperation Disclaimer Under Insurance Law § 3420 1. Introduction Foddrell v Utica First Ins....
Environmental Deed Restrictions May “Run with the Land” by Surrounding Circumstances; Tax-Deed/Redemption Does Not Merge Away Recorded Restrictions 1. Introduction Case: U & Me Homes, LLC v County of...
Relation-Back Allows Adding an Omitted Titled Owner in Foreclosure When United in Interest and on Notice Introduction In BAC Home Loan Servicing, LP v MacPherson (2026 NY Slip Op 03285), the...
Fraud/Duress Allegations Can Defeat a Release at the Pleading Stage in Confession-of-Judgment/MCA Litigation Case: Dual Diagnosis Treatment Ctr., Inc. v. Yellowstone Capital W., LLC, 2026 NY Slip Op...
Rent-Overcharge Class Actions: “Colorable Indicia of Fraud” Defeats Four-Year Time Bar and Supports Commonality, with Class Period Limited to Four Years Pre-Filing 1. Introduction In Abdelrazek v...