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  • Commentaries
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New York Case Commentaries

Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c)

Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c)

Date: Mar 21, 2025
Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c) Introduction In Matter of LL 410 E. 78th St. LLC v. Division of Housing & Community Renewal (2025 NYSlipOp 01672), the...
Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent

Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent

Date: Mar 21, 2025
Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent Introduction In Fossella v. Adams (2025 NYSlipOp 01668), decided March 20, 2025, the New York Court of Appeals addressed the...
Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief

Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief

Date: Mar 21, 2025
Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief Introduction Matter of Dourdounas v. City of New York, 2025 NYSlipOp 01671, is a landmark decision of the New York...
Adverse Possession by Unaware Cotenants under RPAPL 541

Adverse Possession by Unaware Cotenants under RPAPL 541

Date: Mar 21, 2025
Adverse Possession by Unaware Cotenants under RPAPL 541 Introduction Golobe v. Mielnicki, 2025 NYSlipOp 01670 (N.Y. Ct. App. Mar. 20, 2025), addresses a novel question under New York’s adverse...
Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims

Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims

Date: Mar 21, 2025
Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims Introduction People v. Phelps (2025 NYSlipOp 01680) arises from a 2012 shooting in which defendant...
Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a)

Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a)

Date: Mar 20, 2025
Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a) Introduction Windward Bora, LLC (“Windward”) and Home Funds Direct (“Home...
Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612)

Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612)

Date: Mar 20, 2025
Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612) 1. Introduction In Gormley v. Marist Brothers of the Schools, Province of...
Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn

Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn

Date: Mar 20, 2025
Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn Introduction Matter of Cohn, 2025 NY Slip Op 01627 (App. Div. 2d Dept. Mar. 19, 2025), is a...
Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA

Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA

Date: Mar 20, 2025
Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA Introduction The Appellate Division, Second Department’s decision in Matter of 260 BC, LLC v....
CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408

CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408

Date: Mar 20, 2025
CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408 Introduction This commentary examines the Second Department’s decision in Wilmington Savings Fund Society,...
Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 – U.S. Bank N.A. v. Singh

Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 – U.S. Bank N.A. v. Singh

Date: Mar 20, 2025
Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 Introduction U.S. Bank N.A. v. Singh (2025 NYSlipOp 01664) is a Second Department decision clarifying two statutory...
Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes

Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes

Date: Mar 20, 2025
Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes Introduction Silber Investment Properties, Ltd....
Clarifying Primary-Use Standard under RPTL 420-a: Exempting Housing for Religious Personnel

Clarifying Primary-Use Standard under RPTL 420-a: Exempting Housing for Religious Personnel

Date: Mar 20, 2025
Clarifying Primary-Use Standard under RPTL 420-a: Exempting Housing for Religious Personnel Introduction Matter of Harrison Orthodox Minyan, Inc. v. Town/Village of Harrison (2025 NYSlipOp 01634) is...
Expansive Additional-Insured Coverage: Duty to Defend Extends to Unleased Access Areas

Expansive Additional-Insured Coverage: Duty to Defend Extends to Unleased Access Areas

Date: Mar 20, 2025
Expansive Additional-Insured Coverage: Duty to Defend Extends to Unleased Access Areas Introduction In 523 BWAY, LLC v. Erie & Niagara Insurance Association (2025 NYSlipOp 01598), the Appellate...
Clarifying Malicious Prosecution versus Abuse of Process in Mortgage Foreclosures: Stewart v. Fein Such & Crain, LLP

Clarifying Malicious Prosecution versus Abuse of Process in Mortgage Foreclosures: Stewart v. Fein Such & Crain, LLP

Date: Mar 20, 2025
Clarifying Malicious Prosecution versus Abuse of Process in Mortgage Foreclosures: Stewart v. Fein Such & Crain, LLP Introduction Stewart v. Fein Such & Crain, LLP (2025 NYSlipOp 01663) presents a...
Permissive Use Limits and Vicarious Liability: Clarifying Owner Consent under VTL §388

Permissive Use Limits and Vicarious Liability: Clarifying Owner Consent under VTL §388

Date: Mar 20, 2025
Permissive Use Limits and Vicarious Liability: Clarifying Owner Consent under VTL §388 Introduction Madrigal v. Paragon Motors of Woodside, Inc. (2025 NYSlipOp 01620) is a 2025 decision by the...
Precedential Requirement for Adversarial Hearings on Excludable Time under CPL 30.30

Precedential Requirement for Adversarial Hearings on Excludable Time under CPL 30.30

Date: Mar 15, 2025
Precedential Requirement for Adversarial Hearings on Excludable Time under CPL 30.30 Introduction The case of The People of the State of New York, Respondent, v. Diane E. Clark, Defendant-Appellant...
Implied Contract in Higher Education: The Necessity for Specific Promises in In-Person Learning Claims

Implied Contract in Higher Education: The Necessity for Specific Promises in In-Person Learning Claims

Date: Mar 15, 2025
Implied Contract in Higher Education: The Necessity for Specific Promises in In-Person Learning Claims Introduction In this landmark decision, the Supreme Court of New York’s Fourth Department...
Affirmation of Statistical Sampling Authority in Medicaid Overpayment Determinations

Affirmation of Statistical Sampling Authority in Medicaid Overpayment Determinations

Date: Mar 15, 2025
Affirmation of Statistical Sampling Authority in Medicaid Overpayment Determinations Introduction This commentary examines the Supreme Court of New York, Fourth Department’s decision in the case of...
Invalid Waiver of Appeal and Misapplied Predicate Felony Status: New Standards in Arrest and Sentencing

Invalid Waiver of Appeal and Misapplied Predicate Felony Status: New Standards in Arrest and Sentencing

Date: Mar 15, 2025
Invalid Waiver of Appeal and Misapplied Predicate Felony Status: New Standards in Arrest and Sentencing Introduction In the case of The People of the State of New York v. Joseph C. Jones (2025 N.Y....
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