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  • Commentaries
  • Judgments

New York Case Commentaries

Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases

Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases

Date: Feb 23, 2025
Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases Introduction The case of Umar Farooq v. Uber USA, LLC, et...
New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice

New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice

Date: Feb 23, 2025
New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice Introduction The judgment titled “In the Matter of Applications for Extensions of Time (2025 N.Y. Slip Op....
Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests

Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests

Date: Feb 23, 2025
Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests Introduction In the case before the Supreme Court of New York, Second...
Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations

Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations

Date: Feb 23, 2025
Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations Introduction The judgment in John Berejka, etc. v. Huntington Medical Group, P.C.,...
Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims

Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims

Date: Feb 23, 2025
Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims Introduction The judgment in the case of 25-86 41st Street, LLC v. Brian Chong; Reich &...
Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability

Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability

Date: Feb 23, 2025
Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability Introduction The case of Mark Traub v. Basketball City New York LLC et al....
New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions

New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions

Date: Feb 23, 2025
New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions Introduction In the case of Deutsche Bank National Trust Company, etc., v. Luz Zak, et al., a dispute arose...
Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default

Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default

Date: Feb 23, 2025
Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default Introduction The case of Wilfred Rivera v. Waterview Towers, Inc. represents a significant development in...
The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases

The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases

Date: Feb 23, 2025
The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases Introduction The present Judgment in Trump Village Section 4, Inc. v....
Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law

Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law

Date: Feb 23, 2025
Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law Introduction This Judgment emanates from a CPLR article 78 proceeding in which the Village of Huntington Bay...
Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety

Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety

Date: Feb 23, 2025
Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety Introduction The case of In the Matter of Lissete Nunez, appellant-respondent, v. Brian A....
Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases

Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases

Date: Feb 23, 2025
Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases Introduction This commentary examines the recent decision in In the Matter of Charles E. Ball, Jr., respondent, v. Mark J....
Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children

Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children

Date: Feb 21, 2025
Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children Introduction In Matter of Christine EE....
State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration

State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration

Date: Feb 21, 2025
State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration Introduction In Clean Air Action Network of Glens Falls, Inc. v....
Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment

Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment

Date: Feb 21, 2025
18 NYCRR 518.5 and 519.5."> Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment Introduction In Garden of Eden Home, LLC,...
First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the Homeowner’s Exemption and May Be Liable as an Owner’s “Statutory Agent” Under Labor Law § 240(1)

First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the Homeowner’s Exemption and May Be Liable as an Owner’s “Statutory Agent” Under Labor Law § 240(1)

Date: Feb 21, 2025
240(1), with analysis of ladder-collapse presumptions, sole proximate cause defense, and Labor Law § 200 supervisory control."> First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the...
Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality

Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality

Date: Feb 21, 2025
Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality...
County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel

County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel

Date: Feb 21, 2025
County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel Introduction In The People of the State of New York v. William Kent, 2025...
Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons

Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons

Date: Feb 21, 2025
Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons...
Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72

Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72

Date: Feb 21, 2025
Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72 Introduction In Dianne SS. v. Jamie TT., 2025 N.Y. Slip Op....
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