New York Case Commentaries

Racially Biased Judicial Speech and Aggravating Conduct Can Warrant Removal

Date: Oct 29, 2026

Racially Biased Judicial Speech and Aggravating Conduct Can Warrant Removal Case: Matter of Jones (New York State Commn. on Jud. Conduct), 2026 NY Slip Op 06236 Court: New York Court of Appeals...

People v Mears: Self-Defense May Apply to Force-Based Child-Endangerment Charges

Date: Oct 29, 2026

People v Mears: Self-Defense May Apply to Force-Based Child-Endangerment Charges New York Court of Appeals — 2026 NY Slip Op 06237 — October 27, 2026 This commentary addresses the supplied opinion,...

Substantive Guidance to a Deliberating Juror Requires the Defendant’s Presence Despite Counsel’s Consent

Date: Oct 24, 2026

Substantive Guidance to a Deliberating Juror Requires the Defendant’s Presence Despite Counsel’s Consent People v Anderson, 2026 NY Slip Op 06169 — Appellate Division, Third Department, October 22,...

Fiduciary Concealment May Estop Reliance on New York’s Spousal-Election Deadlines

Date: Oct 24, 2026

Fiduciary Concealment May Estop Reliance on New York’s Spousal-Election Deadlines Matter of Giurdanella, 2026 NY Slip Op 06234 Appellate Division, First Department — October 22, 2026 Majority opinion...

Child Support Requires Fair Notice; Civil Contempt Requires an Unequivocal Command

Date: Oct 24, 2026

Child Support Requires Fair Notice; Civil Contempt Requires an Unequivocal Command Case: Matter of Vera Y. v Joshua Y., 2026 NY Slip Op 06179 Court: Appellate Division, Third Department, Supreme...

Foreclosure Standing: Unendorsed Notes and Allonges Without Proof of Attachment at Commencement Cannot Support Summary Judgment

Date: Oct 24, 2026

Foreclosure Standing: Unendorsed Notes and Allonges Without Proof of Attachment at Commencement Cannot Support Summary Judgment Case: U.S. Bank N.A. v Sukljian, 2026 NY Slip Op 06191 Court: Appellate...

Atkins v Atkins: Contribution-Based Business Distribution and Equitable Interest on Installment Awards

Date: Oct 24, 2026

Contribution-Based Business Distribution and Equitable Interest on Installment Awards: Atkins v Atkins Court: Appellate Division of the Supreme Court of New York, Third Department Citation: 2026 NY...

Brew v Brew: Impervious-Surface Runoff Can Raise a Triable Issue of Artificial Diversion Without Evidence of Regrading

Date: Oct 24, 2026

Impervious-Surface Runoff Can Raise a Triable Issue of Artificial Diversion Without Evidence of Regrading Brew v Brew, 2026 NY Slip Op 06187 Appellate Division, Third Department, October 22, 2026...

Inconsistent Findings on Factually Identical Design Claims Require a New Trial

Date: Oct 24, 2026

Inconsistent Findings on Factually Identical Design Claims Require a New Trial Case: Janof v Auto Warehouse, 2026 NY Slip Op 06189 Court: Appellate Division, Third Department, Supreme Court of New...

Presumptive Public Access to Attorney Grievance Dispositions Does Not Extend to Investigative Files

Date: Oct 24, 2026

Presumptive Public Access to Attorney Grievance Dispositions Does Not Extend to Investigative Files Case: Matter of Campaign for Accountability (Sarcone-Attorney Grievance Comm. for the Third Jud....

Cannabis Licensing: Voiding an Application for a Late, Redundant Disclosure Can Be Arbitrary and Capricious

Date: Oct 24, 2026

Cannabis Licensing: Voiding an Application for a Late, Redundant Disclosure Can Be Arbitrary and Capricious Case: Matter of Griffon Green, LLC v New York State Cannabis Control Bd., 2026 NY Slip Op...

Adoption Moots Dispositional Review, but Not a Challenge to Permanent Neglect

Date: Oct 24, 2026

Adoption Moots Dispositional Review, but Not a Challenge to Permanent Neglect Matter of Matthew R. (Jaqueline R.), 2026 NY Slip Op 06180 Appellate Division, Third Department — October 22, 2026 The...

People v Brown: Circumstantial Identification and the Limits of Review of Unpreserved Juror-Anonymity Claims

Date: Oct 24, 2026

Circumstantial Identification Can Sustain Convictions; Unpreserved Juror-Anonymity Claims Require a Separate Basis for Discretionary Relief People v Brown, 2026 NY Slip Op 06170 Appellate Division,...

Officer Testimony May Establish a Prison Shank as Dangerous Contraband Without Written Prison Rules

Date: Oct 24, 2026

Officer Testimony May Establish a Prison Shank as Dangerous Contraband Without Written Prison Rules Case: People v Morrishaw, 2026 NY Slip Op 06173 Court: Appellate Division, Third Department...

People v Winston: Strategic Defense Choices and Disproportionate Sentencing

Date: Oct 24, 2026

People v Winston: Strategic Defense Choices Can Provide Meaningful Representation, but Sentencing Disparities Require Independent Review Case: People v Winston, 2026 NY Slip Op 06174 Court: Appellate...

Conflicting Boundary Surveys and Intrusive Backyard Surveillance Can Preclude Summary Judgment

Date: Oct 24, 2026

Conflicting Boundary Surveys and Intrusive Backyard Surveillance Can Preclude Summary Judgment Case: Riley v Daly, 2026 NY Slip Op 06178 Court: Appellate Division, Third Department, Supreme Court of...

Non-Note-Signing Borrowers Are Entitled to RPAPL 1304 Notice: Foreclosure Requires Competent Proof of Mailing and Standing

Date: Oct 24, 2026

Non-Note-Signing Borrowers Are Entitled to RPAPL 1304 Notice: Foreclosure Requires Competent Proof of Mailing and Standing Case: Bank of Am., N.A. v Maddox, 2026 NY Slip Op 06084 Court: Supreme Court...

Expiration of a Temporary Exemption Restores Rent Stabilization but Does Not Defeat Lawful Pre-2019 Deregulation

Date: Oct 24, 2026

Expiration of a Temporary Exemption Restores Rent Stabilization but Does Not Defeat Lawful Pre-2019 Deregulation Case: Connors v Kushner Cos., LLC, 2026 NY Slip Op 06092 Court: Appellate Division,...

Defendants Seeking Dismissal of Mixed-Theory Labor Law § 200 Claims Must Address Both Liability Standards

Date: Oct 24, 2026

Defendants Seeking Dismissal of Mixed-Theory Labor Law § 200 Claims Must Address Both Liability Standards Case: Da Silva v Delshah-OTL-Start 22 Chapel Prop. Owner, LLC, 2026 NY Slip Op 06094 Court:...

FAPA Supports Prejudgment Renewal and Bars Foreclosure Limitations Resets by Voluntary Discontinuance

Date: Oct 24, 2026

FAPA Supports Prejudgment Renewal and Bars Foreclosure Limitations Resets by Voluntary Discontinuance Case: HSBC Bank USA, N.A. v Min Young You, 2026 NY Slip Op 06102 Court: Appellate Division,...