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  • Commentaries
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New York Case Commentaries

“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

Date: May 30, 2025
“Acute Worsening” as an Emergency: Matter of Cahill v. New York State Dept. of Mental Hygiene (2025) and the Expanded Emergency Exception under Workers’ Compensation Law § 13-a(5) Introduction The...
The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline

The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline

Date: May 30, 2025
The Salomon Upward-Departure Doctrine in Reciprocal Attorney Discipline Introduction Matter of Salomon (2025 NY Slip Op 03255) concerns reciprocal attorney-discipline proceedings brought in New York...
Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254)

Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254)

Date: May 30, 2025
Failure to Report Foreign Discipline as Aggravation Warranting an Upward Departure in Reciprocal Proceedings – Commentary on Matter of Osterbye (2025 NY Slip Op 03254) 1. Introduction Matter of...
People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery

People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery

Date: May 30, 2025
People v. Branton (2025): Defining the Outer Limits of CPL 245.20 – Why DOCCS Is Not “Under the Prosecution’s Control” for Automatic Discovery Introduction In People v. Branton, 238 A.D.3d 1429 (3d...
“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined

“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined

Date: May 30, 2025
“Directory, Not Mandatory” – The 20-Day Hearing Rule under 12 NYCRR 300.23(b)(2) Re-Defined Introduction In Matter of Juncal v. Maspeth Remodeling Co., 238 A.D.3d 1441 (3d Dep’t 2025), the Appellate...
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Date: May 29, 2025
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell 1. Introduction In Matter of Orangetown Police Department...
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Date: May 29, 2025
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims Introduction Redd v. Brooklyn Friends School, 238...
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Date: May 29, 2025
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43 Introduction Matter of Santman v. Satterthwaite (2025 NY Slip Op 03196, 238 AD3d 1156) required the...
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Date: May 29, 2025
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability Introduction In Hervey v. Northern Westchester...
Montes-Vidal v. NYS Thruway Authority: Re-Defining Owner Liability Under Labor Law
§§ 200, 240(1) & 241(6) Where Adequate Safety Devices and No Supervisory Control Exist

Montes-Vidal v. NYS Thruway Authority: Re-Defining Owner Liability Under Labor Law §§ 200, 240(1) & 241(6) Where Adequate Safety Devices and No Supervisory Control Exist

Date: May 29, 2025
Montes-Vidal v. New York State Thruway Authority (2025) Introduction The Appellate Division, Second Department’s decision in Montes-Vidal v. New York State Thruway Authority, 238 A.D.3d 1131 (2025)...
From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified — Commentary on Matter of Sheena PP. v. Edward QQ. (2025)

From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified — Commentary on Matter of Sheena PP. v. Edward QQ. (2025)

Date: May 23, 2025
From Joint to Sole Custody: The Breakdown-in-Communication Standard Clarified Commentary on Matter of Sheena PP. v. Edward QQ., 238 A.D.3d 1417 (3d Dep’t 2025) 1. Introduction This Third Department...
The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims

The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims

Date: May 23, 2025
The Tuckett Clarification: Harmless-Error Review and Evidentiary Boundaries in New York Unjust-Conviction Claims Introduction Tuckett v. State of New York (2025 NY Slip Op 03099) is the New York...
Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings

Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings

Date: May 23, 2025
Clinical Practice Guidelines as “One Link in the Chain”: The New York Court of Appeals Clarifies Their Evidentiary Status in Medical Misconduct Proceedings Introduction The New York Court of Appeals’...
Extending Sales-Tax Liability to In-House “Scrip” Used for Private Performances – Commentary on Matter of O’Neill v. New York State Tax Appeals Tribunal

Extending Sales-Tax Liability to In-House “Scrip” Used for Private Performances – Commentary on Matter of O’Neill v. New York State Tax Appeals Tribunal

Date: May 23, 2025
Extending Sales-Tax Liability to In-House “Scrip” Used for Private Performances – Commentary on Matter of O’Neill v. New York State Tax Appeals Tribunal (2025 NY Slip Op 03110) 1. Introduction The...
“Beyond 50-50” – DeCrescenzo v Suslak (2025) and the Reinforced Discretion of New York Courts in Equitable Distribution, Income Imputation, and Contempt Findings

“Beyond 50-50” – DeCrescenzo v Suslak (2025) and the Reinforced Discretion of New York Courts in Equitable Distribution, Income Imputation, and Contempt Findings

Date: May 23, 2025
“Beyond 50-50” – DeCrescenzo v Suslak (2025) and the Reinforced Discretion of New York Courts in Equitable Distribution, Income Imputation, and Contempt Findings 1. Introduction In DeCrescenzo v...
Reclaim the Records v. NYS DOH:  A New FOIL Standard for Vital-Statistics Data

Reclaim the Records v. NYS DOH: A New FOIL Standard for Vital-Statistics Data

Date: May 23, 2025
Reclaim the Records v. New York State Department of Health (2025): A New FOIL Standard for Vital-Statistics Data 1. Introduction In Matter of Reclaim the Records v. New York State Department of...
“Local Climate Autonomy” – The New York Court of Appeals Declares that the State Climate Act Does Not Field-Preempt Municipal Greenhouse-Gas Regulation

“Local Climate Autonomy” – The New York Court of Appeals Declares that the State Climate Act Does Not Field-Preempt Municipal Greenhouse-Gas Regulation

Date: May 23, 2025
“Local Climate Autonomy” – The Court of Appeals Holds that New York’s Climate Leadership and Community Protection Act Does Not Preempt New York City’s Local Law 97 Introduction In Glen Oaks Village...
Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases

Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases

Date: May 23, 2025
Intent Over Consent: Court of Appeals Broadens Admissibility of Molineux Evidence in Consent-Defense Sexual Assault Cases Introduction In People v. Hu Sin, 2025 NY Slip Op 03100, the New York Court...
“Substantial-Compliance” Standard for Good-Guy Guaranties – A Commentary on Empanada Fresca LLC v. 1 BK Street Corp. (2025)

“Substantial-Compliance” Standard for Good-Guy Guaranties – A Commentary on Empanada Fresca LLC v. 1 BK Street Corp. (2025)

Date: May 23, 2025
“Substantial-Compliance” Standard for Good-Guy Guaranties Empanada Fresca LLC v. 1 BK Street Corp., 238 A.D.3d 589 (1st Dep’t 2025) I. Introduction Empanada Fresca LLC operated a Colombian restaurant...
People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms

People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms

Date: May 23, 2025
People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms Introduction The Third Department’s decision in...
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