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Maintaining the Homeowner’s Exemption Despite Unity of Ownership: Cadena v. Kupferstein (2025) and the Scope of “Direction or Control” under Labor Law § 241(6) Introduction Cadena v. Kupferstein, 238...
Serial Frivolous Appeals and the Appellate Expansion of 22 NYCRR 130-1.1 Sanctions: A Commentary on Matter of Ruth S. (2025 NY Slip Op 03072) 1. Introduction Matter of Ruth S. is the latest chapter...
Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions 1. Introduction Matter of Camarda v. Ubert (2025 NY...
Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions 1. Introduction Feeney v. Giannetti, 238 A.D.3d 991 (2d Dep’t 2025),...
Espinosa v. Attorney Grievance Committee (2025): Non-Retroactivity of Reciprocal Suspensions and Deference to Foreign Sanctions 1. Introduction Matter of Espinosa (2025 NY Slip Op 03017) addresses...
Expanded Reciprocal Discipline and the Diligence Imperative – A Commentary on Matter of DeMaio (2025) 1. Introduction Matter of DeMaio, 2025 NY Slip Op 03016, is the First Department’s latest...
“One Request Is Enough” – The Immediate-Inquiry Rule for Pro-Se Demands after People v. Lewis (2025) Introduction The New York Court of Appeals’ decision in People v. Lewis, 2025 NY Slip Op 03011,...
“Jurisdiction Yes, Standing No” – New York Re-Anchors the Internal Affairs Doctrine in Ezrasons, Inc. v. Rudd (2025) 1. Introduction In Ezrasons, Inc. v. Rudd, 2025 NY Slip Op 03008, the New York...
The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars Introduction People v. Holmes-Austin (2025 NY Slip Op 03021) was decided by the...
No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.), 2025 NY Slip Op 03010 1. Introduction The New York Court of Appeals, in Matter of...
People v. Cruz: Endorsing Nonevidentiary Remittal Hearings and Expanded Deference to Trial-Court Demeanor Findings in Batson Step-Three Analysis Introduction In People v. Cruz, 238 A.D.3d 1327 (3d...
Union Standing Beyond Active Membership & Retiree Grievance Exemption: The Precedential Effect of Chappaqua Congress of Teachers v. Board of Education (2025) 1. Introduction The Appellate Division,...
People v. Thomison (2025): Strengthening the “Basis-of-Knowledge” Requirement for Informant Tips and Re-limiting Intrusive Detentions Following Routine Traffic Stops Introduction People v. Thomison,...
“Lis Pendens versus Good-Faith Foreclosure Purchaser” – The New Rule from Yesmin v. Aliobaba, LLC 1. Introduction Yesmin v. Aliobaba, LLC, 2025 NY Slip Op 02964, presented the New York Appellate...
Williams v. Levine: Elevating XLIF to Accepted Neurosurgical Practice and Tightening Expert-Affidavit Standards on Summary Judgment Introduction In Williams v. Levine, 2025 NY Slip Op 02962, the...
Weekes v. Tishman Technologies Corp.: Construction-Manager Liability and Ancillary Scaffold Removal under New York Labor Law §240(1) I. Introduction In Weekes v. Tishman Technologies Corporation, 238...
“A Legal Nullity Without Leave” – Raiola v. Roman Catholic Diocese of Brooklyn and the Dual Thresholds for (1) Adding New Defendants and (2) CPLR 3211(a)(7) Dismissals Introduction Raiola v. Roman...
“Harassment Is Not Fraud”: People v. Wilson and the Refined Standard for Intent to Defraud under N.Y. Penal Law § 175.10 Introduction People v. Wilson (2025 NY Slip Op 02940) arises from a modern...
Routine Services, Routine Fees: The Second Department’s Clarification on Compensation for Court-Appointed Accountants in Article 81 Guardianships Introduction Matter of Silda E.H. (Henderson), 238...