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  • Commentaries
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New York Case Commentaries

Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage

Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage

Date: Nov 23, 2025
Caruso v. St. Elizabeth Medical Center: Expert Affidavits, Timely Specialist Consultation, and Hospital/Vicarious Liability at the Summary Judgment Stage I. Introduction The Appellate Division,...
Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act: Commentary on Deutsche Bank Natl. Trust Co. v. Testa

Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act: Commentary on Deutsche Bank Natl. Trust Co. v. Testa

Date: Nov 23, 2025
Retroactive Application and Constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA): Commentary on Deutsche Bank Natl. Trust Co. v. Testa, 2025 NY Slip Op 06418 (4th Dept) I....
No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri

No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri

Date: Nov 23, 2025
No Vested Right in Dilatory Foreclosure Prosecutions: Retroactive Application of FAPA and CPLR 205-a in MCLP Asset Co., Inc. v. Zaveri I. Introduction MCLP Asset Co., Inc. v. Zaveri, 2025 NY Slip Op...
Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials

Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials

Date: Nov 23, 2025
Maloney v. DeRoberts: Expert Disclosure, Witness Management, and Negligent Spoliation in New York Medical Malpractice Trials I. Introduction The Appellate Division, Fourth Department’s decision in...
Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations

Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations

Date: Nov 23, 2025
Murphy v. Kaleida Health: Discoverability of ICU Staffing Records and Limits on Plaintiff Letters Undermining Arons Authorizations I. Introduction The Appellate Division, Fourth Department’s decision...
People v. Anderson: Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals

People v. Anderson: Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals

Date: Nov 23, 2025
People v. Anderson (2025): Appeal Waivers and Privacy Expectations in Terminated Short‑Term Rentals 1. Introduction People v. Anderson, 2025 NY Slip Op 06416, decided by the Appellate Division,...
People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides

People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides

Date: Nov 23, 2025
People v. Belstadt: Preindictment Delay, Independent Autopsy Experts, and Forensic Re‑Examination in Cold‑Case Homicides Introduction People v. Belstadt, 2025 NY Slip Op 06460 (4th Dept Nov. 21,...
People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants

People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants

Date: Nov 23, 2025
People v. Brown (2025): Enforcing the Right to In‑Person Sentencing and Harmless-Error Review of Overbroad Cell Phone Warrants Introduction People v. Brown, 2025 NY Slip Op 06409 (4th Dept), is a...
Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore

Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore

Date: Nov 23, 2025
Preservation of Erlinger-Based Sentencing Challenges and COVID-Era Public-Trial Claims in People v. Elmore (2025) I. Introduction The Appellate Division, Fourth Department’s decision in People v....
People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies

People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies

Date: Nov 23, 2025
People v Hunt: Limiting Lesser-Included False-Reporting Charges to Non-Speculative Non‑Fire Emergencies I. Introduction In People v Hunt, 2025 NY Slip Op 06450 (4th Dept Nov. 21, 2025), the Appellate...
People v Young: Context-Based Proof of Duration and Holistic Discovery Due Diligence in New York Child Sex Offense Prosecutions

People v Young: Context-Based Proof of Duration and Holistic Discovery Due Diligence in New York Child Sex Offense Prosecutions

Date: Nov 23, 2025
People v Young (2025): Context-Based Proof of the Three‑Month Duration Element and Holistic Due‑Diligence Review of Discovery Compliance I. Introduction In People v Young, 2025 NY Slip Op 06452 (4th...
Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC

Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC

Date: Nov 22, 2025
Exclusive Judicial Apportionment of Litigation Costs and the Consent Threshold for High-Value Third-Party Settlements: Commentary on Matter of Rorapaugh v. New Penn Motor Express LLC I. Introduction...
Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending

Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending

Date: Nov 22, 2025
Matter of White: Waiver of Reciprocal‑Discipline Defenses and Strict Limits on Resignation While Charges Are Pending 1. Introduction The decision in Matter of White, 2025 NY Slip Op 06383 (App Div 3d...
People v Hall: Mercy Verdicts, Attempted First-Degree Assault, and the Limits of Youthful Offender Relief

People v Hall: Mercy Verdicts, Attempted First-Degree Assault, and the Limits of Youthful Offender Relief

Date: Nov 22, 2025
People v Hall: Mercy Verdicts, Attempted First-Degree Assault, and the Limits of Youthful Offender Relief I. Introduction In People v Hall, 2025 NY Slip Op 06366 (3d Dept Nov. 20, 2025), the...
Clarke v. Town of Newburgh: Municipal “Capacity” Limits and Facial Constitutional Challenges to the New York Voting Rights Act

Clarke v. Town of Newburgh: Municipal “Capacity” Limits and Facial Constitutional Challenges to the New York Voting Rights Act

Date: Nov 22, 2025
Clarke v. Town of Newburgh: Municipal “Capacity” Limits and Facial Constitutional Challenges to the New York Voting Rights Act I. Introduction In Clarke v. Town of Newburgh, 2025 NY Slip Op 06359...
“A Claim by a Participant” Only: The New York Court of Appeals Narrows the World Trade Center Filing Extension in Matter of Garcia v. WTC Volunteer

“A Claim by a Participant” Only: The New York Court of Appeals Narrows the World Trade Center Filing Extension in Matter of Garcia v. WTC Volunteer

Date: Nov 22, 2025
“A Claim by a Participant” Only: The New York Court of Appeals Narrows the World Trade Center Filing Extension in Matter of Garcia v. WTC Volunteer I. Introduction In Matter of Garcia v. WTC...

      Forfeiture of the Right to a Twelve-Person Jury for Egregious Juror-Directed Misconduct: Commentary on People v. Sargeant

Forfeiture of the Right to a Twelve-Person Jury for Egregious Juror-Directed Misconduct: Commentary on People v. Sargeant

Date: Nov 22, 2025
Forfeiture of the Right to a Twelve-Person Jury for Egregious Juror-Directed Misconduct: A Commentary on People v. Sargeant, 2025 NY Slip Op 06361 (NY Court of Appeals) I. Introduction People v....
High-Value Undertakings and Lis Pendens in Fraudulent Real Estate Transfers: Commentary on American Premium Realty Group, LLC v. 37-19 Realty, Inc.

High-Value Undertakings and Lis Pendens in Fraudulent Real Estate Transfers: Commentary on American Premium Realty Group, LLC v. 37-19 Realty, Inc.

Date: Nov 20, 2025
High-Value Undertakings and Lis Pendens in Fraudulent Real Estate Transfers: Commentary on American Premium Realty Group, LLC v. 37-19 Realty, Inc., 2025 NY Slip Op 06301 (2d Dep’t) I. Introduction...
Maida v. Diocese of Brooklyn: Waiver of Clergy, Physician, and Psychologist Privileges and Disclosure of Other Victims in Child Victims Act Discovery

Maida v. Diocese of Brooklyn: Waiver of Clergy, Physician, and Psychologist Privileges and Disclosure of Other Victims in Child Victims Act Discovery

Date: Nov 20, 2025
Maida v. Diocese of Brooklyn: Waiver of Clergy, Physician, and Psychologist Privileges and Disclosure of Other Victims in Child Victims Act Discovery I. Introduction The Appellate Division, Second...
Self-Dealing with a Vulnerable Client Under a Power of Attorney Warrants Disbarment: Commentary on Matter of Galarza (2025)

Self-Dealing with a Vulnerable Client Under a Power of Attorney Warrants Disbarment: Commentary on Matter of Galarza (2025)

Date: Nov 20, 2025
Self-Dealing with a Vulnerable Client Under a Power of Attorney Warrants Disbarment: Commentary on Matter of Galarza, 2025 NY Slip Op 06318 (2d Dep’t) I. Introduction Matter of Galarza is a...
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