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  • Commentaries
  • Judgments

New York Case Commentaries

Clarifying the “Sole Cause” Standard in Workers’ Compensation: Intoxication and Course-of-Employment under WCL §10(1) & §21(4)

Clarifying the “Sole Cause” Standard in Workers’ Compensation: Intoxication and Course-of-Employment under WCL §10(1) & §21(4)

Date: Mar 28, 2025
Clarifying the “Sole Cause” Standard in Workers’ Compensation: Intoxication and Course-of-Employment under WCL §10(1) & §21(4) 1. Introduction Matter of Ferra v. Paramount Global (2025 NYSlipOp...
Willful Omission and Derivative Neglect Under FCA Article 10: Matter of Malik M. (Taishona M.)

Willful Omission and Derivative Neglect Under FCA Article 10: Matter of Malik M. (Taishona M.)

Date: Mar 27, 2025
Willful Omission and Derivative Neglect Under Family Court Act Article 10: Matter of Malik M. (Taishona M.) Introduction Matter of Malik M. (Taishona M.) (2025 NYSlipOp 01810) is a landmark Second...
Due Process and Parental Presence: Balancing Rights in Termination Proceedings

Due Process and Parental Presence: Balancing Rights in Termination Proceedings

Date: Mar 27, 2025
Due Process and Parental Presence: Balancing Rights in Termination Proceedings Introduction Matter of Justina C. M. J. (2025 NYSlipOp 01805) arises from consolidated Family Court proceedings in...
Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs)

Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs)

Date: Mar 27, 2025
Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs) Introduction This commentary examines the Appellate Division, Second...
People v. Bostic: Timing of Firearm Loading in Criminal Possession Charges

People v. Bostic: Timing of Firearm Loading in Criminal Possession Charges

Date: Mar 27, 2025
People v. Bostic (2025 NYSlipOp 01816): Timing of Firearm Loading in Criminal Possession Charges Introduction In People v. Bostic, the Appellate Division, Second Department, addressed multiple issues...
Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements

Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements

Date: Mar 27, 2025
Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements Introduction Matter of Borgia v. SCO Family of Services, 2025 NYSlipOp...
Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act

Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act

Date: Mar 27, 2025
Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act Introduction In Matter of Perlman v. Kolodny (2025 NYSlipOp 01811), the Appellate Division,...
Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac

Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac

Date: Mar 27, 2025
Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac Introduction Torkin v. Susac (2025 NYSlipOp 01835) arises from a contested divorce...
Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings

Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings

Date: Mar 27, 2025
Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings 1. Introduction Stamp Rite Tool & Die Corp. v. Branded Leather, Inc. (2025...
Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure

Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure

Date: Mar 27, 2025
Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure Introduction The Appellate Division, Second Department, in Matter of Cobb (2025...
Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development

Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development

Date: Mar 22, 2025
Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development Introduction This commentary reviews the Appellate Division’s March 21, 2025 decision in Sweeney...
Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers

Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers

Date: Mar 22, 2025
Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers Introduction People v. Meyers (2025 NYSlipOp 01762) is a decision of the Appellate Division, Fourth Department. Joseph...
Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c)

Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c)

Date: Mar 22, 2025
Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c) Introduction In Matter of Nedia M. v. Ashley M. (2025 NYSlipOp...
Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions

Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions

Date: Mar 21, 2025
Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions Introduction In People v. Moss (2025 NYSlipOp 01673), the New York Court of Appeals addressed whether the Sex Offender...
Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a

Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a

Date: Mar 21, 2025
Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a Introduction The Appellate Division of the Supreme Court, First Department, in Matter of Attorneys Who are...
Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints

Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints

Date: Mar 21, 2025
Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints Introduction In Matter of Town of Brookhaven v. Ball (2025 NYSlipOp 01686), the...
Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital

Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital

Date: Mar 21, 2025
Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital 1. Introduction In Colt v. Nathan Littauer Hospital (2025 NYSlipOp 01690), the...
Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required

Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required

Date: Mar 21, 2025
Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required Introduction The New York Court of Appeals decision in Burrows v. 75-25 153rd St., LLC (2025 NYSlipOp 01669)...
Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent

Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent

Date: Mar 21, 2025
Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent Introduction The Appellate Division, Third Department of the Supreme Court of New York decided People v. Bender (2025...
Reasonable Maintenance Standard and Notice Requirement for Highway Safety: Englander v. State of New York

Reasonable Maintenance Standard and Notice Requirement for Highway Safety: Englander v. State of New York

Date: Mar 21, 2025
Reasonable Maintenance Standard and Notice Requirement for Highway Safety England­er v. State of New York, 2025 NYSlipOp 01685 Introduction In Englander v. State of New York, the Appellate Division,...
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