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  • Commentaries
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New York Case Commentaries

Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell

Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell

Date: Apr 11, 2025
Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell Introduction In People v. Farrell (2025 NYSlipOp 02100), the New York Court of Appeals addressed the sufficiency of an...
Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105)

Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105)

Date: Apr 11, 2025
Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105) Introduction Angello v. Angello, decided on April 10, 2025 by the Appellate...
Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services

Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services

Date: Apr 11, 2025
Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services Introduction In Matter of Lawyers for Children et al. v. New York State Office of Children and...
Bona Fide Termination Requirement for Article 15 Retirement Benefits

Bona Fide Termination Requirement for Article 15 Retirement Benefits

Date: Apr 11, 2025
Bona Fide Termination Requirement for Article 15 Retirement Benefits Introduction Matter of Radwan v. DiNapoli, 2025 NYSlipOp 02118 (App. Div. 3d Dep’t Apr. 10, 2025) addresses whether a...
Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction

Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction

Date: Apr 10, 2025
Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction Introduction This commentary examines the Appellate Division, Second Department’s decision in...
Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025)

Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025)

Date: Apr 10, 2025
Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025) Introduction In People v. Edmondson, 2025 NYSlipOp 02083 (App. Div. 2d Dep’t Apr. 9, 2025), the Appellate Division of the...
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Date: Apr 10, 2025
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule Introduction In Auquilla v. Villa (2025 NYSlipOp 02053), the Appellate Division, Second Department, addressed...
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Date: Apr 10, 2025
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice Introduction Mathura v. Makaryus, 2025 NY Slip Op 02063 (App. Div. 2d Dept. Apr. 9, 2025), arises from...
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Date: Apr 10, 2025
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance Introduction This commentary addresses the Appellate Division, Second Department’s decision in...
Reciprocal Public Censure for Out-of-State Attorney Misconduct

Reciprocal Public Censure for Out-of-State Attorney Misconduct

Date: Apr 9, 2025
Reciprocal Public Censure for Out-of-State Attorney Misconduct Introduction Matter of Martir (2025 NYSlipOp 02040) addresses the application of New York’s doctrine of reciprocal discipline where an...
Limitation of LLC Member Fiduciary Duties to Contractual Terms: 333 Johnson LLC v. Maple 333 Johnson Member, LLC

Limitation of LLC Member Fiduciary Duties to Contractual Terms: 333 Johnson LLC v. Maple 333 Johnson Member, LLC

Date: Apr 9, 2025
Limitation of LLC Member Fiduciary Duties to Contractual Terms 1. Introduction In 333 Johnson LLC v. Maple 333 Johnson Member, LLC (2025 NYSlipOp 02028), the New York Appellate Division, First...
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments

Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments

Date: Apr 4, 2025
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments Introduction Reichenbach v. Jacin Investors Corp. (2025 NY Slip Op 02023) is a landmark decision of the Appellate...
Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90

Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90

Date: Apr 4, 2025
Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90 Introduction The Appellate Division of the Supreme Court of New York, Third...
Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures

Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures

Date: Apr 4, 2025
Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures Introduction This commentary examines the Third Department’s decision in...
Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219

Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219

Date: Apr 4, 2025
Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219 Introduction In Cole v. Triple M Excavating & Trucking LLC (2025 NYSlipOp 01994), the Appellate Division, Third...
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye

Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye

Date: Apr 4, 2025
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye Introduction Diop v. Gueye (2025 NYSlipOp 01992) addresses the equitable...
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students

Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students

Date: Apr 4, 2025
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students Introduction Cuomo v. State of New York (2025 NYSlipOp 01991) arises from a wrongful-death lawsuit brought by...
Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA

Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA

Date: Apr 4, 2025
Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA Introduction This commentary examines the Appellate Division’s decision in People v. Richardson (2025 NYSlipOp 01980),...
People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards

People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards

Date: Apr 4, 2025
People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards Introduction In People v. Henry (2025 NYSlipOp 01978), the Appellate Division, Third Department, addressed...
Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law

Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law

Date: Apr 4, 2025
Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law Introduction Mikesh v. County of Ulster, 2025 NYSlipOp 01987...
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