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  • Commentaries
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New York Case Commentaries

Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206

Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206

Date: Apr 2, 2025
Vacant Lot Misclassification as Correctable Errors of Description Under NYC Admin. Code § 11-206 Introduction In Matter of Fordham Hill Owners Corp. v. Soliman (2025 NYSlipOp 01889), the Appellate...
Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9

Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9

Date: Apr 2, 2025
Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9 Introduction Matter of Kaufman (2025 NYSlipOp 01893) addresses the Attorney Grievance Committee’s request for an...
Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a

Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a

Date: Mar 28, 2025
Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a Introduction Matter of Tirado v. Symphony Space, Inc. (2025 NYSlipOp 01842) addresses the application of...
Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C.

Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C.

Date: Mar 28, 2025
Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C. Introduction Matter of R.C. (D.C.–R.R.), 2025 NY Slip Op 01859 (App. Div. 1st Dept....
Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (2025)

Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (2025)

Date: Mar 28, 2025
Reinforcing Causation and Expert Proof in Legal Malpractice: Scott v. Schwartz (2025) Introduction Scott v. Schwartz (2025 NYSlipOp 01849) is a Third Department Appellate Division decision addressing...
Restitution as Part of Sentence and the Presumption Against Vindictiveness: People v. Powell (2025)

Restitution as Part of Sentence and the Presumption Against Vindictiveness: People v. Powell (2025)

Date: Mar 28, 2025
Restitution as Part of Sentence and the Presumption Against Vindictiveness: People v. Powell (2025) Introduction People v. Powell (2025 NYSlipOp 01839) is a landmark Third Department decision...
Clarifying the Evidentiary Standard for Permanent Total Disability under New York Workers’ Compensation Law

Clarifying the Evidentiary Standard for Permanent Total Disability under New York Workers’ Compensation Law

Date: Mar 28, 2025
Clarifying the Evidentiary Standard for Permanent Total Disability under New York Workers’ Compensation Law 1. Introduction Matter of Serrano v. Bay Park Center for Nursing & Rehabilitation (2025...
Remorse and Rehabilitation as Thresholds for Restoration of Medical Licenses – Matter of Gabriel

Remorse and Rehabilitation as Thresholds for Restoration of Medical Licenses – Matter of Gabriel

Date: Mar 28, 2025
Remorse and Rehabilitation as Thresholds for Restoration of Medical Licenses – Matter of Gabriel Introduction The Appellate Division, Third Department, in Matter of Gabriel v. University of the State...
Clarifying the “Sole Cause” Standard in Workers’ Compensation: Intoxication and Course-of-Employment under WCL §10(1) & §21(4)

Clarifying the “Sole Cause” Standard in Workers’ Compensation: Intoxication and Course-of-Employment under WCL §10(1) & §21(4)

Date: Mar 28, 2025
Clarifying the “Sole Cause” Standard in Workers’ Compensation: Intoxication and Course-of-Employment under WCL §10(1) & §21(4) 1. Introduction Matter of Ferra v. Paramount Global (2025 NYSlipOp...
Willful Omission and Derivative Neglect Under FCA Article 10: Matter of Malik M. (Taishona M.)

Willful Omission and Derivative Neglect Under FCA Article 10: Matter of Malik M. (Taishona M.)

Date: Mar 27, 2025
Willful Omission and Derivative Neglect Under Family Court Act Article 10: Matter of Malik M. (Taishona M.) Introduction Matter of Malik M. (Taishona M.) (2025 NYSlipOp 01810) is a landmark Second...
Due Process and Parental Presence: Balancing Rights in Termination Proceedings

Due Process and Parental Presence: Balancing Rights in Termination Proceedings

Date: Mar 27, 2025
Due Process and Parental Presence: Balancing Rights in Termination Proceedings Introduction Matter of Justina C. M. J. (2025 NYSlipOp 01805) arises from consolidated Family Court proceedings in...
Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs)

Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs)

Date: Mar 27, 2025
Strict Enforcement of CPL 160.50: Limits on Unsealing Sealed Criminal Records for Disciplinary Investigations (People v. Isaacs) Introduction This commentary examines the Appellate Division, Second...
People v. Bostic: Timing of Firearm Loading in Criminal Possession Charges

People v. Bostic: Timing of Firearm Loading in Criminal Possession Charges

Date: Mar 27, 2025
People v. Bostic (2025 NYSlipOp 01816): Timing of Firearm Loading in Criminal Possession Charges Introduction In People v. Bostic, the Appellate Division, Second Department, addressed multiple issues...
Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements

Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements

Date: Mar 27, 2025
Renewal of Statute of Limitations through Partial Payments and Enforceability of Internal ADR Provisions in Trust Agreements Introduction Matter of Borgia v. SCO Family of Services, 2025 NYSlipOp...
Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act

Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act

Date: Mar 27, 2025
Matter of Perlman v. Kolodny: Clarifying Income Imputation and Tuition Contribution under Family Court Act Introduction In Matter of Perlman v. Kolodny (2025 NYSlipOp 01811), the Appellate Division,...
Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac

Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac

Date: Mar 27, 2025
Stop-the-Clock Agreements as Binding Separation Instruments and Equitable Distribution Principles – Torkin v. Susac Introduction Torkin v. Susac (2025 NYSlipOp 01835) arises from a contested divorce...
Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings

Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings

Date: Mar 27, 2025
Strict Adherence to Lease Cure Provisions and Limited Scope of Counterclaim Waivers in Commercial Ejectment Proceedings 1. Introduction Stamp Rite Tool & Die Corp. v. Branded Leather, Inc. (2025...
Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure

Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure

Date: Mar 27, 2025
Reciprocal Discipline Under 22 NYCRR 1240.13: Two-Year Suspension for Attorney Misconduct and Notification Failure Introduction The Appellate Division, Second Department, in Matter of Cobb (2025...
Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development

Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development

Date: Mar 22, 2025
Assessing Standard of Care in Polypharmacy: Triable Issues in Sweeney v. Niagara Lutheran Development Introduction This commentary reviews the Appellate Division’s March 21, 2025 decision in Sweeney...
Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers

Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers

Date: Mar 22, 2025
Reconstruction Hearing as Adequate Record for Appellate Review: People v. Meyers Introduction People v. Meyers (2025 NYSlipOp 01762) is a decision of the Appellate Division, Fourth Department. Joseph...
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