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  • Commentaries
  • Judgments

New York Case Commentaries

Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr

Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr

Date: Apr 4, 2025
Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr Introduction People v. Warr (2025 NYSlipOp 01979) is a landmark Third Department decision...
Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1): Hartrum v. Montefiore Hosp. Hous. § II Inc.

Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1): Hartrum v. Montefiore Hosp. Hous. § II Inc.

Date: Apr 4, 2025
Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1) Introduction In Hartrum v. Montefiore Hospital Housing Section II Inc. (2025 NYSlipOp 02008), the Appellate Division,...
Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses

Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses

Date: Apr 4, 2025
Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses Introduction Town of Colonie v. Global Contracting & Painting, Inc. (2025 NYSlipOp...
People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases

People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases

Date: Apr 4, 2025
People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases Introduction In People v Monk (2025 NYSlipOp 01976), the Appellate Division, Third...
Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin

Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin

Date: Apr 4, 2025
Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin Introduction In People v. Franklin (2025 NYSlipOp 01975), the Appellate Division, Third Department,...
Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking

Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking

Date: Apr 4, 2025
Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking Introduction Matter of North Shore Hematology-Oncology Assoc., P.C. v. New York...
Ensuring Fair Equitable Distribution: Trial Courts’ Obligation to Reopen Financial Proof Upon Demonstration of Good Cause in Heber v. Heber

Ensuring Fair Equitable Distribution: Trial Courts’ Obligation to Reopen Financial Proof Upon Demonstration of Good Cause in Heber v. Heber

Date: Apr 4, 2025
Ensuring Fair Equitable Distribution: Trial Courts’ Obligation to Reopen Financial Proof Upon Demonstration of Good Cause in Heber v. Heber Introduction Heber v. Heber, 2025 NYSlipOp 01984 (App. Div....
Clarification of Delaware Derivative Demand Refusal Standard: Business Judgment Rule and Board Committee Independence

Clarification of Delaware Derivative Demand Refusal Standard: Business Judgment Rule and Board Committee Independence

Date: Apr 3, 2025
Clarification of Delaware Derivative Demand Refusal Standard: Business Judgment Rule and Board Committee Independence Introduction In Elghanian-Halperin v. Dimon (2025 NYSlipOp 01907), the Appellate...
Automatic Impeachment Disclosure & Speedy Trial Compliance under CPL 245: Establishing Obligations in People v. Coley

Automatic Impeachment Disclosure & Speedy Trial Compliance under CPL 245: Establishing Obligations in People v. Coley

Date: Apr 3, 2025
Automatic Impeachment Disclosure & Speedy Trial Compliance under CPL 245: Establishing Obligations in People v. Coley Introduction People v. Coley (2025 NYSlipOp 01945) is a landmark Second...
Establishing Standards for Modification of Custody Orders: Best Interests and Change in Circumstances in Matter of Miller v. Norton

Establishing Standards for Modification of Custody Orders: Best Interests and Change in Circumstances in Matter of Miller v. Norton

Date: Apr 3, 2025
Establishing Standards for Modification of Custody Orders: Best Interests and Change in Circumstances in Matter of Miller v. Norton Introduction The matter of Matter of Miller v. Norton (2025...
Mandating Fair Hearing and Upholding Child’s Best Interests in Acknowledgment of Paternity Challenges

Mandating Fair Hearing and Upholding Child’s Best Interests in Acknowledgment of Paternity Challenges

Date: Apr 3, 2025
Mandating Fair Hearing and Upholding Child’s Best Interests in Acknowledgment of Paternity Challenges Introduction Matter of Stephen B.J.B. v. Marcia N.S.C. (2025 NYSlipOp 01921) arises from related...
Clarifying Due Diligence Standards for CPL 245 Certificates of Compliance: People v. McMahon

Clarifying Due Diligence Standards for CPL 245 Certificates of Compliance: People v. McMahon

Date: Apr 3, 2025
Clarifying Due Diligence Standards for CPL 245 Certificates of Compliance: People v. McMahon Introduction In People v. McMahon (2025 NYSlipOp 01951), the Appellate Division, Second Department,...
Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206

Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206

Date: Apr 2, 2025
Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206 Introduction In Matter of Fordham Hill Owners Corp. v. Soliman (2025 NYSlipOp 01889), the Appellate...
Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9

Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9

Date: Apr 2, 2025
Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9 Introduction Matter of Kaufman (2025 NYSlipOp 01893) addresses the Attorney Grievance Committee’s request for an...
Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a

Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a

Date: Mar 28, 2025
Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a Introduction Matter of Tirado v. Symphony Space, Inc. (2025 NYSlipOp 01842) addresses the application of...
Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C.

Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C.

Date: Mar 28, 2025
Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C. Introduction Matter of R.C. (D.C.–R.R.), 2025 NY Slip Op 01859 (App. Div. 1st Dept....
Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (2025)

Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (2025)

Date: Mar 28, 2025
Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (2025) Introduction Scott v. Schwartz (2025 NYSlipOp 01849) is a Third Department Appellate Division decision addressing...
Restitution as Part of Sentence and the Presumption Against Vindictiveness: People v. Powell (2025)

Restitution as Part of Sentence and the Presumption Against Vindictiveness: People v. Powell (2025)

Date: Mar 28, 2025
Restitution as Part of Sentence and the Presumption Against Vindictiveness: People v. Powell (2025) Introduction People v. Powell (2025 NYSlipOp 01839) is a landmark Third Department decision...
Clarifying the Evidentiary Standard for Permanent Total Disability under New York Workers’ Compensation Law

Clarifying the Evidentiary Standard for Permanent Total Disability under New York Workers’ Compensation Law

Date: Mar 28, 2025
Clarifying the Evidentiary Standard for Permanent Total Disability under New York Workers’ Compensation Law 1. Introduction Matter of Serrano v. Bay Park Center for Nursing & Rehabilitation (2025...
Remorse and Rehabilitation as Thresholds for Restoration of Medical Licenses – Matter of Gabriel

Remorse and Rehabilitation as Thresholds for Restoration of Medical Licenses – Matter of Gabriel

Date: Mar 28, 2025
Remorse and Rehabilitation as Thresholds for Restoration of Medical Licenses – Matter of Gabriel Introduction The Appellate Division, Third Department, in Matter of Gabriel v. University of the State...
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