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  • Commentaries
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New York Case Commentaries

Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances

Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances

Date: Mar 13, 2025
Public Censure as a Proportional Sanction: Balancing Accountability with Mitigating Personal Circumstances Introduction The present case, In the Matter of Herbert G. Pitkowsky, involves a...
Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1

Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1

Date: Mar 13, 2025
Sanctions for Frivolous Lis Pendens Filings: Clarifying the Boundaries under 22 NYCRR 130-1.1 Introduction In the recent decision of Consumer Protection Restoration, LLC, et al. v. Hickory House...
Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records

Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records

Date: Mar 13, 2025
Reinstating FOIL Requests: A New Precedent on Determining Possession of Public Records Introduction The Judgment in "In the Matter of Charles Lane, appellant, v. County of Suffolk, et al." represents...
Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent

Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent

Date: Mar 13, 2025
Constructive Notice and Unrecorded Easement Rights: The 1927 Indenture Precedent Introduction The case of Incorporated Village of Freeport v. People of State of New York, et al. involves a complex...
New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions

New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions

Date: Mar 13, 2025
New Precedent on Substitution of Parties and Leave to Amend in Mortgage Foreclosure Actions Introduction The case of LaSalle Bank National Association, etc., v. Mohammed Jaynal Abedin, et al. (2025...
New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem

New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem

Date: Mar 13, 2025
New Precedent on Foreclosure Limitations and Service Requirements Established in HSBC Bank USA v. Lem Introduction This commentary reviews the landmark decision in HSBC Bank USA, etc., v. Alfredo Lem...
Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362

Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362

Date: Mar 13, 2025
Enhanced Evidentiary Scrutiny in Forgery and Adverse Possession Claims: New Precedents from 2025 N.Y. Slip Op. 1362 Introduction This commentary examines the recent decision in the consolidated case...
Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief

Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief

Date: Mar 13, 2025
Establishing Standing Limitations and Procedural Timeliness as Barriers to Judicial Relief Introduction The case of Simon. Kinsella, et al. v. Long Island Power Authority, et al. presents a complex...
Establishing the Threshold for Medical Neglect: The Imminent Danger Standard in Parental Care

Establishing the Threshold for Medical Neglect: The Imminent Danger Standard in Parental Care

Date: Mar 13, 2025
Establishing the Threshold for Medical Neglect: The Imminent Danger Standard in Parental Care Introduction This commentary examines the recent Supreme Court of New York, Second Department decision in...
Establishing a Reasonable Excuse Standard for Vacating Default Orders in Personal Injury Cases

Establishing a Reasonable Excuse Standard for Vacating Default Orders in Personal Injury Cases

Date: Mar 13, 2025
Establishing a Reasonable Excuse Standard for Vacating Default Orders in Personal Injury Cases Introduction In the case of Bayron Chay Mo v. Ultra Dimension Place, LLC, et al., the Supreme Court of...
Establishing Standards for Dismissal of Duplicative Claims and Piercing the Corporate Veil

Establishing Standards for Dismissal of Duplicative Claims and Piercing the Corporate Veil

Date: Mar 13, 2025
Establishing Standards for Dismissal of Duplicative Claims and Piercing the Corporate Veil Introduction The Judgment in Lyle Crawford, etc., et al., respondents, vs. Integrated Asset Management...
Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases

Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases

Date: Mar 11, 2025
Insufficient Forensic Corroboration: Elevating the Burden of Proof in Circumstantial Evidence Cases Introduction The case of People of the State of New York v. Fabian Coke (2025 N.Y. Slip Op. 1297)...
Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims

Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims

Date: Mar 11, 2025
Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims Introduction The case of In the Matter of Uni-Rty Corporation et al. v. New York Guangdong...
Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials

Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials

Date: Mar 11, 2025
Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials Introduction This commentary examines the Supreme Court of New York, Third Department’s decision in The People of the State of...
Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage

Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage

Date: Mar 11, 2025
Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage Introduction The case of Holtonb, LLC, as Assignee of New York Business Development Corporation, et al.,...
Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility

Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility

Date: Mar 11, 2025
Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility Introduction In the case of The People of the State of New York, Respondent, v. Eric N. Deas,...
Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision

Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision

Date: Mar 11, 2025
Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision Introduction In the recent decision of Nicholas Aponte, Plaintiff-Appellant, v. Town of Islip et...
Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions

Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions

Date: Mar 11, 2025
Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions Introduction The Judgment in Jason Stevens, Respondent, v. CG Ellis Corporation,...
Clarifying Physical Helplessness and Dwelling Status: New Standards in Sexual Assault and Burglary Cases

Clarifying Physical Helplessness and Dwelling Status: New Standards in Sexual Assault and Burglary Cases

Date: Mar 7, 2025
Clarifying Physical Helplessness and Dwelling Status: New Standards in Sexual Assault and Burglary Cases Introduction The case of The People of the State of New York, Respondent, v. Andrew Sturgill,...
Reaffirming the Integrity of DNA Evidence and Procedural Participation in Forensic Statistical Analysis

Reaffirming the Integrity of DNA Evidence and Procedural Participation in Forensic Statistical Analysis

Date: Mar 7, 2025
Reaffirming the Integrity of DNA Evidence and Procedural Participation in Forensic Statistical Analysis Introduction The case, The People of the State of New York, Respondent, v. Henry Huggins,...
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