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  • Commentaries
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New York Case Commentaries

Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases

Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases

Date: Mar 7, 2025
Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases Introduction In the case of The People of the State of New...
Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice

Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice

Date: Mar 5, 2025
Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice Introduction This commentary examines the Supreme Court of New York, Second Department’s recent decision in The...
Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications

Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications

Date: Mar 2, 2025
Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications Introduction In the case of Nunzio Pace, et al. v. Raymond F....
Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton

Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton

Date: Mar 2, 2025
Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton Introduction In the recent judgment rendered by the Supreme Court of New York, Second...
Clarifying Title Rights: The Recorded Easement for Maintenance of the Williamsburg Bridge

Clarifying Title Rights: The Recorded Easement for Maintenance of the Williamsburg Bridge

Date: Mar 2, 2025
Clarifying Title Rights: The Recorded Easement for Maintenance of the Williamsburg Bridge Introduction The judgment in Bikes by Olga, LLC v. People of the State of New York, et al. (2025 N.Y. Slip...
Ensuring Evidentiary Compliance in Foreclosure Proceedings: The Imperative of Proper Record Submission

Ensuring Evidentiary Compliance in Foreclosure Proceedings: The Imperative of Proper Record Submission

Date: Mar 2, 2025
Ensuring Evidentiary Compliance in Foreclosure Proceedings: The Imperative of Proper Record Submission Introduction The case of Deutsche Bank National Trust Company, etc., v. Alan Light, et al....
Reassessing Tax Classifications: Clarifying Errors of Law and Clerical Corrections in New York Real Property Taxation

Reassessing Tax Classifications: Clarifying Errors of Law and Clerical Corrections in New York Real Property Taxation

Date: Mar 2, 2025
Reassessing Tax Classifications: Clarifying Errors of Law and Clerical Corrections in New York Real Property Taxation Introduction The case under review, In the Matter of Richmond SI Owner, LLC v....
Strict Compliance with RPAPL 1304 and Dismissal Without Prejudice: Clarifying Conditions Precedent in Foreclosure Actions

Strict Compliance with RPAPL 1304 and Dismissal Without Prejudice: Clarifying Conditions Precedent in Foreclosure Actions

Date: Mar 2, 2025
Strict Compliance with RPAPL 1304 and Dismissal Without Prejudice: Clarifying Conditions Precedent in Foreclosure Actions Introduction This commentary examines the recent decision in Wells Fargo...
Evolving Interpretations of Casino Detainment Guidelines: The Bulletin 22 Precedent

Evolving Interpretations of Casino Detainment Guidelines: The Bulletin 22 Precedent

Date: Mar 2, 2025
Evolving Interpretations of Casino Detainment Guidelines: The Bulletin 22 Precedent Introduction The present Judgment in Pren Mrijaj v. Genting New York LLC, decided on February 25, 2025 by the...
The Integration of CPLR 5231(b) and CPLR 5226: Charting a New Course in Restitution and Income Execution

The Integration of CPLR 5231(b) and CPLR 5226: Charting a New Course in Restitution and Income Execution

Date: Mar 2, 2025
The Integration of CPLR 5231(b) and CPLR 5226: Charting a New Course in Restitution and Income Execution Introduction The judgment in Frieda Hamway, et al. v. Isaac Sutton, et al. represents a...
Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records

Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records

Date: Feb 26, 2025
Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records Introduction This Judgment, rendered by the Court of Appeals of New York on February 20, 2025,...
New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent

New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent

Date: Feb 26, 2025
New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent Introduction The judgment in Brittany N. Jones, & c.,...
The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements

The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements

Date: Feb 26, 2025
The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements Introduction In the case of The People & c., Respondent, v. Juan M. Silva Santos (2025 N.Y. Slip...
New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation

New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation

Date: Feb 26, 2025
New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation Introduction The Court of Appeals of New York, in the case of In the Matter of New York...
Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks

Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks

Date: Feb 26, 2025
Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks Introduction The case of The People & c., Respondent, v. Divine Fredericks, Appellant (2025 N.Y. Slip...
Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings

Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings

Date: Feb 25, 2025
Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings Introduction In this landmark case, the Supreme Court of New York, Third Department, addressed a family...
Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing

Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing

Date: Feb 25, 2025
Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing Introduction This Judgment, issued by the Supreme Court of New York, Third Department,...
Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions

Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions

Date: Feb 23, 2025
Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions Introduction In the case of John Doe v. Educational Institute Oholei Torah and Central Yeshiva Tomchei...
New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales

New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales

Date: Feb 23, 2025
New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales Introduction This commentary examines the recent decision in County Acquisitions, LLC v. Katherine Lanser, 2025 N.Y....
Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C.

Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C.

Date: Feb 23, 2025
Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C. Introduction The case of Kliger-Weiss Infosystems, Inc. v. Ruskin...
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