Malum Prohibitum Alcohol-Regulatory Violations Do Not Automatically Void Equity-Compensation Contracts; “Tied House” Illegality and SLA Approval Cannot Be Decided by Prediction on Summary Judgment...
Sexually Humiliating Force Used to Compel Inmate Compliance May Fall Within Scope of Employment for State Vicarious Liability Case: C.J. v State of New York, 2026 NY Slip Op 02699 (App Div 3d Dept...
DEC Review of NYC “Excess Water” Rates Uses Prometheus/Carey Deferential Utility Standard (Not “Fair and Reasonable”) Case: Matter of City of Yonkers v New York State Dept. of Envtl. Conservation,...
Matter of Kalish: Three-Year Suspension for Escrow Misappropriation Caused by Unverified Deposits and Abdication of Fiduciary Controls 1. Introduction Matter of Kalish (2026 NY Slip Op 02653) is an...
Title Policy as Proof of Seller Readiness on a Time-of-the-Essence Closing, Supporting Down-Payment Forfeiture When Buyer Fails to Appear 1. Introduction In Scott Randolph, LLC v Gholis of Brooklyn...
Foreclosure Defaults: Specific, Documented Denial of Service Requires a Traverse Hearing Before CPLR 5015(a) Relief Is Decided 1. Introduction Atlantica, LLC v Hunte (2026 NY Slip Op 02619 [2d Dept...
Frye Requires Objective Scientific Support for Medical Causation: Association Between Prematurity/Low Birth Weight and Autism Is Insufficient 1. Introduction Terehoff v Frenkel (2026 NY Slip Op...
Dowdy v Brooklyn Hosp. Ctr.: No Direct Money Judgment for Attorney’s Fees to Nonparty Counsel Court: Appellate Division, Second Department Date: April 29, 2026 Citation: 2026 NY Slip Op 02630...
Jamieson v. Noble Constr. Group, LLC — Summary-Judgment Burdens in Construction Indemnification: “Not Triggered” Proof, Freedom-from-Negligence, and Insurance-Procurement Evidence 1. Introduction...
Neglect Findings Survive Mootness: The “Permanent Stigma” Exception Preserves Appellate Review Despite Superseding Out-of-State Custody Orders 1. Introduction Matter of Kiyoshi J.-E. (Jusinta J.-E.)...
UCC § 2-403 Limits in Vehicle Resales: No “Good Title” Without Entrustment to a Merchant or Good-Faith Purchase from One with Transferable Title Introduction In RJK Auto Brokers, LLC v Dream Carz,...
Conditional Preclusion Bars Affidavit Opposition and Employment-Record Proof Defeats Apparent-Authority Fraud Defenses in Mortgage Foreclosure 1. Introduction Bank of Am., N.A. v Sarwar (2026 NY Slip...
Merger Clauses Bar Oral “Equity” Side-Deals; Excess Withdrawals from a Joint Account Support Conversion Damages Limited to the Over-One-Half Amount I. Introduction Yong Xu v 401 Foster Gasoline, Inc....
Veil-Piercing Rejected Absent Proof of Domination/Wrongdoing, but Insider Truck Transfers Set Aside as Actually Fraudulent Under Former DCL § 276 1. Introduction Parabit Realty, LLC v Levine (2026 NY...
Record-Based Peque Claims Belong on Direct Appeal; Prior Felony Guilty Plea Without Sentence Does Not Defeat Youthful Offender Eligibility 1. Introduction In People v Williams (2026 NY Slip Op...
Johnson v. Cremoux: Triable-Issue Limits on Labor Law § 241(6) Homeowner Exemption and Liberal Amendment to Plead Antisubrogation Where “Insured Contract” Restores Coverage 1. Introduction Case:...
Mixed-Outcome Co-op Litigation Yields No “Prevailing Party” and Vacates Fee Award; Abatement Becomes Affirmative Judgment with Interest from Commencement 1. Introduction Gordon v 476 Broadway Realty...
Matter of King: Bank Records + Admissions of Client-Fund Conversion Trigger Immediate Interim Suspension; Diversion and Disability Suspension Unavailable Absent Fit Criteria 1. Introduction Matter of...
Detention Is Not an Arrest: A Search Incident to Arrest Requires an Actual (or Imminent) Arrest When Officers Say “You Are Not Under Arrest” 1. Introduction People v Moore (2026 NY Slip Op 02508 [4th...
Renewed Discovery of Electronic Medical Record Audit Trails After New Deposition Evidence (Harms v. Lewis) 1. Introduction Harms v Lewis (2026 NY Slip Op 02550 [4th Dept Apr. 24, 2026]) arises from a...