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  • Commentaries
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New York Case Commentaries

Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh

Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh

Date: Sep 11, 2025
Proof of Contractual Default Notices Must Come From the Mailer or Contemporaneous Records: Wilmington Trust, N.A. v. Singh Introduction In Wilmington Trust, N.A. v. Singh, 2025 NY Slip Op 04938 (App...
Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Commentary on Holman v. St. John's Episcopal Hospital (2d Dept. 2025)

Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Commentary on Holman v. St. John's Episcopal Hospital (2d Dept. 2025)

Date: Sep 11, 2025
Non-Exhaustive Duties Clauses Foreclose Extra-Compensation and Quasi-Contract Claims; Promissory Estoppel Requires Unconscionable Injury — Holman v. St. John's Episcopal Hospital (2d Dept. 2025)...
CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records

CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records

Date: Sep 11, 2025
CPLR 2001 Can Cure Minor RPAPL 1304 Counseling-List Mislabeling; Referee’s Computations Must Rest on Admissible Business Records Introduction In Bank of America, N.A. v. Barnett, 2025 NY Slip Op...
Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025)

Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025)

Date: Sep 11, 2025
Rational-Basis Limits on SORA’s “Sexually Violent Offender” Label for Out-of-State Convictions: People v. Edwards (2d Dep’t 2025) Introduction In People v. Edwards, 2025 NY Slip Op 04922 (App Div, 2d...
No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 in M&T v. Ahmed

No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 in M&T v. Ahmed

Date: Sep 11, 2025
No Prejudice, No Abandonment: Second Department Reaffirms Discretionary Nonforfeiture Under 22 NYCRR 202.48 Introduction In Manufacturers & Traders Trust Company v. Ahmed (2025 NY Slip Op 04898), the...
Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence

Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence

Date: Sep 11, 2025
Frustration of Purpose in COVID‑19 Wedding-Catering Contracts: Second Department Affirms Refund of Deposits and Rejects Anticipatory Breach; Ambiguity Permits Parol Evidence Kay v. Heavenly Events &...
Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025)

Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025)

Date: Sep 9, 2025
Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025) Introduction City of New York v. Jones (2025 NY Slip Op 04842) is a...
Defective Dolly + Heavy Load = Scaffold Law Liability: Hernandez v. Port Authority (1st Dept 2025) solidifies §240(1) for low-height, high-weight tip-overs and clarifies “arising out of” indemnity and borrowed-equipment exposure

Defective Dolly + Heavy Load = Scaffold Law Liability: Hernandez v. Port Authority (1st Dept 2025) solidifies §240(1) for low-height, high-weight tip-overs and clarifies “arising out of” indemnity and borrowed-equipment exposure

Date: Sep 9, 2025
Defective Dolly + Heavy Load = Scaffold Law Liability Hernandez v. Port Authority of N.Y. & N.J. (2025 NY Slip Op 04843) Introduction In Hernandez v. Port Authority of N.Y. & N.J., the Appellate...
Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable

Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable

Date: Sep 9, 2025
Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable Case: Salamone v. Deily & Glastetter, LLP, 2025 NY Slip...
“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025)

“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025)

Date: Sep 9, 2025
“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025) Introduction In Matter of...
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General Intent

People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General Intent

Date: Sep 2, 2025
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General...
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation

Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation

Date: Sep 2, 2025
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation Introduction In Matter of...
No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025)

No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025)

Date: Sep 2, 2025
No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025) Introduction In People v. Andrus (2025 NY Slip Op...
Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability

Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability

Date: Sep 2, 2025
Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability Case: Rich v. J.A. Madison, LLC, 2025 NY Slip Op...
Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent

Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent

Date: Sep 2, 2025
Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent Introduction In Matter of Bains (2025 NY Slip Op 04783), the Appellate...
No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline: Fabian v. Westchester County

No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline: Fabian v. Westchester County

Date: Sep 2, 2025
No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline Commentary on Matter of Fabian v. Westchester County (2025 NY Slip Op 04784, App Div 2d Dept,...
Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline

Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline

Date: Sep 2, 2025
Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline Introduction In Matter of Furber (2025 NY Slip Op 04786), the Appellate...
No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override — Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd. Corp. (2025 NY Slip Op 04787)

No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override — Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd. Corp. (2025 NY Slip Op 04787)

Date: Sep 2, 2025
No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override Comprehensive Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd....
Loreti v. JJL Realty: Second Department affirms strict limits on authorized shares, sets aside unapproved self-dealing management agreement under BCL §713, and upholds broad spoliation preclusion for deleted QuickBooks files

Loreti v. JJL Realty: Second Department affirms strict limits on authorized shares, sets aside unapproved self-dealing management agreement under BCL §713, and upholds broad spoliation preclusion for deleted QuickBooks files

Date: Sep 2, 2025
Strict Charter Caps on Shares, No Ratification Without Disclosure, and Robust E‑Discovery Sanctions: The Second Department’s Guideposts in Matter of Loreti v. JJL Realty Corp. of N.Y. Court:...
Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI (Matter of Loreti v. Lorcress Enters., Inc.)

Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI (Matter of Loreti v. Lorcress Enters., Inc.)

Date: Sep 2, 2025
Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI...
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