New York Case Commentaries

Bass v. Garnet Health Med. Center-Catskills — Relation-Back Requires Timely Notice to Newly Added ER Providers; Apparent Agency Unity of Interest Alone Is Insufficient

Date: Apr 23, 2026

Relation-Back Requires Timely Notice to Newly Added ER Providers; Apparent Agency Unity of Interest Alone Is Insufficient Bass v Garnet Health Med. Center-Catskills, 2026 NY Slip Op 02386 (App Div,...

Rhiney v. Rhiney — Administrator c.t.a. Conveyances Contrary to a Will Are Voidable (Not Void Ab Initio) When Cloaked with Apparent Authority

Date: Apr 23, 2026

Rhiney v. Rhiney — Administrator c.t.a. Conveyances Contrary to a Will Are Voidable (Not Void Ab Initio) When Cloaked with Apparent Authority 1. Introduction In Rhiney v Rhiney (2026 NY Slip Op 02428...

Public Service Law § 228 Does Not Shield Landlords from Labor Law § 240(1) Claims by Telecommunications Workers; Minor Drilling to Run Wi‑Fi Cabling Is Not an “Alteration”

Date: Apr 22, 2026

Public Service Law § 228 Does Not Shield Landlords from Labor Law § 240(1) Claims by Telecommunications Workers; Minor Drilling to Run Wi‑Fi Cabling Is Not an “Alteration” 1. Introduction Hearns v...

Boilerplate Choice-of-Law Clauses Do Not Import Foreign Statutes of Limitations in New York Actions

Date: Apr 22, 2026

Boilerplate Choice-of-Law Clauses Do Not Import Foreign Statutes of Limitations in New York Actions I. Introduction In Cincinnati Terrace Member LLC v Tartar Krinsky & Drogin LLC (2026 NY Slip Op...

Borrower Standing After Property Transfer: RPAPL 1304 Defenses Remain Available Where Deficiency Exposure Persists

Date: Apr 22, 2026

Borrower Standing After Property Transfer: RPAPL 1304 Defenses Remain Available Where Deficiency Exposure Persists I. Introduction Nationstar Mtge. LLC v. Vassi (2026 NY Slip Op 02375 [1st Dept Apr....

People v Woods: Taranovich Applies to Retrial Delays—Unjustified Post‑Mistrial Inaction Requires Dismissal

Date: Apr 22, 2026

People v Woods: Taranovich Applies to Retrial Delays—Unjustified Post‑Mistrial Inaction Requires Dismissal New York Court of Appeals Rivera, J. 2026 NY Slip Op 02364 Decided Apr. 21, 2026 I....

People v. Roper: CPL 30.30 Motions Are Timely If Made in Writing Before Trial; “Reasonable Notice” Cannot Shorten CPL 170.30(2)’s Deadline

Date: Apr 22, 2026

People v. Roper: CPL 30.30 Motions Are Timely If Made in Writing Before Trial; “Reasonable Notice” Cannot Shorten CPL 170.30(2)’s Deadline 1. Introduction In People v Roper (2026 NY Slip Op 02365 [Ct...

Acceptance of a Transfer Under Threat of Termination Does Not Bar Religious Accommodation and Cooperative Dialogue Claims (State and City HRL)

Date: Apr 22, 2026

Acceptance of a Transfer Under Threat of Termination Does Not Bar Religious Accommodation and Cooperative Dialogue Claims (State and City HRL) Case: Moye v Mount Sinai Hosp., 2026 NY Slip Op 02374...

People v. Ehinmiakhena: A Bare Prosecutorial Non‑Concession Requires a Suppression Hearing on Stop Legality When Post‑Stop Observations May Be Suppressible

Date: Apr 22, 2026

People v. Ehinmiakhena: A Bare Prosecutorial Non‑Conession Requires a Suppression Hearing on Stop Legality When Post‑Stop Observations May Be Suppressible 1. Introduction In People v Ehinmiakhena...

Lee v. Chun Ka Luk: Officer/Director Standing Under BCL § 720 and Mandatory Permanent Injunctions to Unwind Insider Transfers to Controlled Shell Entities

Date: Apr 17, 2026

Lee v. Chun Ka Luk: Officer/Director Standing Under BCL § 720 and Mandatory Permanent Injunctions to Unwind Insider Transfers to Controlled Shell Entities 1. Introduction Lee v Chun Ka Luk (2026 NY...

People v Ferrer: No Ineffective Assistance for Failure to Object to an Unseen Stun Cuff Unknown to Counsel Where Restraints Were Otherwise Justified

Date: Apr 17, 2026

People v Ferrer: No Ineffective Assistance for Failure to Object to an Unseen Stun Cuff Unknown to Counsel Where Restraints Were Otherwise Justified Case: People v Ferrer, 2026 NY Slip Op 02304 (3d...

People v. Whitbeck: Victim Testimony + Corroborating Observations + Defendant Text Admissions Sustain Weight of the Evidence Despite Alibi and Delayed Reporting

Date: Apr 17, 2026

People v. Whitbeck: Victim Testimony + Corroborating Observations + Defendant Text Admissions Sustain Weight of the Evidence Despite Alibi and Delayed Reporting 1. Introduction In People v Whitbeck...

People v. Palacios: The Fellow Officer Rule Requires Proof the Arresting Officer Actually Received and Relied on the Probable-Cause Communication

Date: Apr 17, 2026

People v. Palacios: The Fellow Officer Rule Requires Proof the Arresting Officer Actually Received and Relied on the Probable-Cause Communication 1. Introduction In People v Palacios (2026 NY Slip Op...

Brody v. Bassett Healthcare Network: Job Descriptions and Pleadings Can Create Triable Issues on Assumed Parking-Lot Duty and Nurse Practitioner Malpractice Theories

Date: Apr 17, 2026

Brody v. Bassett Healthcare Network: Job Descriptions and Pleadings Can Create Triable Issues on Assumed Parking-Lot Duty and Nurse Practitioner Malpractice Theories 1. Introduction In Brody v...

Health Care Proxy Consent Not Required for Hospital Billing Claims When Patient Is Not Incapacitated; Patient May Be Bound by Representative-Signed Services Agreement and Ratification

Date: Apr 17, 2026

Health Care Proxy Consent Not Required for Hospital Billing Claims When Patient Is Not Incapacitated; Patient May Be Bound by Representative-Signed Services Agreement and Ratification Introduction In...

Organizational Standing Requires Mission-Frustrating Injury; ADA/Rehabilitation Act Claims Accrue at Placement Under SCPA 17-A Guardianship

Date: Apr 17, 2026

Organizational Standing Requires Mission-Frustrating Injury; ADA/Rehabilitation Act Claims Accrue at Placement Under SCPA 17-A Guardianship 1. Introduction In J.M. v New York State (2026 NY Slip Op...

Section 11 Signatories Cannot Disclaim Strict Liability; Section 15 Control-Person Claims May Proceed on Plausible Power-to-Control Allegations

Date: Apr 17, 2026

Section 11 Signatories Cannot Disclaim Strict Liability; Section 15 Control-Person Claims May Proceed on Plausible Power-to-Control Allegations 1. Introduction In Glenmede Trust Co., N.A. v Infinity...

Curative Instructions and Harmless Error in DWI Child-Passenger Prosecutions

Date: Apr 17, 2026

Curative Instructions and Harmless Error in DWI Child-Passenger Prosecutions 1. Introduction People v Diaz (2026 NY Slip Op 02300) is a Third Department decision affirming convictions for aggravated...

Substantial Compliance with Workers’ Compensation Law § 137: IME-5 Plus Filed Instructions Can Preserve Admissibility of an IME Report Absent IME-3, and Preclusion Objections Must Be Timely

Date: Apr 17, 2026

Substantial Compliance with Workers’ Compensation Law § 137: IME-5 Plus Filed Instructions Can Preserve Admissibility of an IME Report Absent IME-3, and Preclusion Objections Must Be Timely 1....

Foreseeable Ceiling-Collapse Demolition Hazards Trigger Labor Law §§ 240(1) and 241(6) Liability; Unsigned Indemnity Agreements May Satisfy Workers’ Compensation Law § 11 Upon Objective Proof of Intent

Date: Apr 16, 2026

Foreseeable Ceiling-Collapse Demolition Hazards Trigger Labor Law §§ 240(1) and 241(6) Liability; Unsigned Indemnity Agreements May Satisfy Workers’ Compensation Law § 11 Upon Objective Proof of...