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  • Commentaries
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New York Case Commentaries

Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds

Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds

Date: May 15, 2025
Presumption of Possession for Intestate Heirs – Canty v. Burns Reinforces the 10-Year Limitations Framework for Quiet-Title Actions Involving Void Deeds 1. Introduction Canty v. Burns (2025 NY Slip...
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes

Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes

Date: May 15, 2025
Oral Relocation Agreements and Double-Rent Liability: Atlasman v. Korol (2025) Clarifies Pleading Standards in Landlord–Tenant Disputes Introduction Background. In Atlasman v. Korol, the Appellate...
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker

Date: May 14, 2025
Proportionality over Parity: The First Department’s Re-Calibration of Reciprocal Discipline in Matter of Fenstermaker Introduction In Matter of Fenstermaker, 2025 NY Slip Op 02878, the Appellate...
Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025)

Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025)

Date: May 10, 2025
Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025) 1. Introduction In Matter of Wohl v. Bruen, 238 A.D.3d 818 (2d Dep’t 2025), the...
Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law

Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law

Date: May 8, 2025
Recalibrating Home Rule: The Appellate Division Upholds New York’s Even-Year Election Law Introduction County governments from eight regions (Onondaga, Nassau, Oneida, Rensselaer, Rockland, Dutchess,...
“Retention-of-Use” as a Badge of Fraud: The New Standard for Summary Judgment under Former DCL §§ 273 & 276

“Retention-of-Use” as a Badge of Fraud: The New Standard for Summary Judgment under Former DCL §§ 273 & 276

Date: May 8, 2025
“Retention-of-Use” as a Badge of Fraud: Appellate Division Reinforces Summary Judgment Standards in Schiffman v. Affordable Shoes, Ltd. (2025) 1. Introduction Matter of Schiffman v. Affordable Shoes,...
Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms: Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025)

Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms: Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025)

Date: May 8, 2025
Prospective-Only Licensing under RPAPL § 881 and Judicial Power to Revive Expired Access Terms Commentary on Franklin Carroll, LLC v. Carroll Development Plaza, LLC (2025) Introduction The Appellate...
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified

Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified

Date: May 8, 2025
Conte v. Tri-State Tech.: Affidavits Are Not “Documentary Evidence” Under CPLR 3211(a)(1) and Pleading Standards for Wage-and-Hour Claims Clarified 1. Introduction Conte v. Tri-State Technologies,...
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: 
Commentary on Cagua v. Bushwick Holdings, LLC (2025 NY Slip Op 02753)

Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (2025 NY Slip Op 02753)

Date: May 8, 2025
Extending the “Gravity-Related Hazard” Doctrine to Work on Permanent Staircases: Commentary on Cagua v. Bushwick Holdings, LLC (App. Div. 2d Dep’t 2025) Introduction Cagua v. Bushwick Holdings, LLC...
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power

Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power

Date: May 8, 2025
Langton v. Sussman & Watkins: The Clarified Threshold for Pleading Attorney Deceit under Judiciary Law § 487 and the Appellate Division’s Re-affirmation of its Anti-Vexatious-Litigation Power...
“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

Date: May 7, 2025
“From Notice to Action” – The Donaldson Standard on Engineering Delay, Suicide-Prevention Measures and the Bridge Owner’s Duty of Reasonable Care Introduction Donaldson v. Port Authority of New York...
Reaffirming the Mandatory Nature of Abatement Ab Initio in New York: People v. Cruciani & People v. Nowell (2025)

Reaffirming the Mandatory Nature of Abatement Ab Initio in New York: People v. Cruciani & People v. Nowell (2025)

Date: May 7, 2025
Reaffirming the Mandatory Nature of the Abatement Ab Initio Doctrine in New York: Appellate Division Maintains that Only the Court of Appeals or the Legislature May Alter the Rule 1. Introduction The...
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025)

“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025)

Date: May 3, 2025
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025) Introduction The Fourth Department’s 2025 decision in People v. Nathan, 238 A.D.3d 1516, tackles a...
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel

People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel

Date: May 3, 2025
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel Introduction People v. Vanderbilt, 238...
People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses

People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses

Date: May 3, 2025
People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses Introduction In People v. Dozier, 238 A.D.3d 1523...
The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

Date: May 2, 2025
The Immutable-Conviction-Date Rule for Automatic Disbarment Commentary on Matter of Trubitsky, 2025 NY Slip Op 02649 (1st Dept.) Introduction Matter of Trubitsky presents a straightforward but...
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

Date: May 2, 2025
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline Introduction Matter of Stafford (2025 NY Slip Op 02648) is a First Department...
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea in People v. Sabb (2025)

“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea in People v. Sabb (2025)

Date: May 2, 2025
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea A Commentary on People v. Sabb, 238 A.D.3d 1212 (3d Dep’t 2025) 1. Introduction People v. Sabb arises...
Hernandez v. Port Authority (2025): Expanding §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites

Hernandez v. Port Authority (2025): Expanding §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites

Date: May 2, 2025
Hernandez v. Port Authority (2025): Expanding Labor Law §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites Introduction In Hernandez v....
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations

Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations

Date: May 1, 2025
Keller v. Keller: Documentary Contradictions Bar Fraudulent-Inducement Challenges to Post-Divorce Stipulations Introduction Keller v. Keller (2025 NY Slip Op 02581) is a significant decision from the...
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