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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 Introduction Background. In Atlasman v. Korol, the Appellate...
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) 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 Introduction County governments from eight regions (Onondaga, Nassau, Oneida, Rensselaer, Rockland, Dutchess,...
“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) 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 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 (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...
“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 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) 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 Introduction People v. Vanderbilt, 238...
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 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 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 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 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 Introduction Keller v. Keller (2025 NY Slip Op 02581) is a significant decision from the...