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New York Case Commentaries

New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

Date: Apr 16, 2025
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland) Introduction In People v. Cleveland (2025 NYSlipOp 02144), the New York Court of Appeals clarified when...
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Date: Apr 16, 2025
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises Introduction Maharaj v. City of New York, 2025 NY Slip Op 02143, decided April 15, 2025 by...
Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners

Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners

Date: Apr 11, 2025
Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners Introduction The case of Gignak v. Bruno, decided on April 10, 2025 by the Appellate Division...
Requirement of Detailed Justification for FOIL Trade Secret Exemptions

Requirement of Detailed Justification for FOIL Trade Secret Exemptions

Date: Apr 11, 2025
Requirement of Detailed Justification for FOIL Trade Secret Exemptions Introduction Matter of Standardbred Owners Assn., Inc. v. New York State Gaming Commission, 2025 NYSlipOp 02123 (App. Div. 3d...
Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3)

Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3)

Date: Apr 11, 2025
Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3) Introduction U.S. Bank N.A. v. MAve Hotel Investors LLC (2025 NYSlipOp 02140) clarifies that a lender may bring a...
Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department

Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department

Date: Apr 11, 2025
Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department Introduction Matter of Schulze v. City of Newburgh Fire...
Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute

Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute

Date: Apr 11, 2025
Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute 1. Introduction People v. Parker, 2025 NY Slip Op 02108 (App. Div. 3d Dep’t Apr. 10, 2025), arises...
Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations

Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations

Date: Apr 11, 2025
Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations Introduction U.S. Bank N.A. v. DLJ Mortgage Capital, Inc. (2025 NYSlipOp 02139) arises out of two substantially...
Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell

Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell

Date: Apr 11, 2025
Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell Introduction In People v. Farrell (2025 NYSlipOp 02100), the New York Court of Appeals addressed the sufficiency of an...
Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105)

Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105)

Date: Apr 11, 2025
Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105) Introduction Angello v. Angello, decided on April 10, 2025 by the Appellate...
Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services

Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services

Date: Apr 11, 2025
Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services Introduction In Matter of Lawyers for Children et al. v. New York State Office of Children and...
Bona Fide Termination Requirement for Article 15 Retirement Benefits

Bona Fide Termination Requirement for Article 15 Retirement Benefits

Date: Apr 11, 2025
Bona Fide Termination Requirement for Article 15 Retirement Benefits Introduction Matter of Radwan v. DiNapoli, 2025 NYSlipOp 02118 (App. Div. 3d Dep’t Apr. 10, 2025) addresses whether a...
Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction

Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction

Date: Apr 10, 2025
Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction Introduction This commentary examines the Appellate Division, Second Department’s decision in...
Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025)

Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025)

Date: Apr 10, 2025
Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025) Introduction In People v. Edmondson, 2025 NYSlipOp 02083 (App. Div. 2d Dep’t Apr. 9, 2025), the Appellate Division of the...
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Date: Apr 10, 2025
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule Introduction In Auquilla v. Villa (2025 NYSlipOp 02053), the Appellate Division, Second Department, addressed...
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Date: Apr 10, 2025
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice Introduction Mathura v. Makaryus, 2025 NY Slip Op 02063 (App. Div. 2d Dept. Apr. 9, 2025), arises from...
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Date: Apr 10, 2025
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance Introduction This commentary addresses the Appellate Division, Second Department’s decision in...
Reciprocal Public Censure for Out-of-State Attorney Misconduct

Reciprocal Public Censure for Out-of-State Attorney Misconduct

Date: Apr 9, 2025
Reciprocal Public Censure for Out-of-State Attorney Misconduct Introduction Matter of Martir (2025 NYSlipOp 02040) addresses the application of New York’s doctrine of reciprocal discipline where an...
Limitation of LLC Member Fiduciary Duties to Contractual Terms: 333 Johnson LLC v. Maple 333 Johnson Member, LLC

Limitation of LLC Member Fiduciary Duties to Contractual Terms: 333 Johnson LLC v. Maple 333 Johnson Member, LLC

Date: Apr 9, 2025
Limitation of LLC Member Fiduciary Duties to Contractual Terms 1. Introduction In 333 Johnson LLC v. Maple 333 Johnson Member, LLC (2025 NYSlipOp 02028), the New York Appellate Division, First...
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments

Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments

Date: Apr 4, 2025
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments Introduction Reichenbach v. Jacin Investors Corp. (2025 NY Slip Op 02023) is a landmark decision of the Appellate...
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