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  • Commentaries
  • Judgments

New York Case Commentaries

No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility Determinations

No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility Determinations

Date: Feb 21, 2025
No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility...
Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification

Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification

Date: Feb 21, 2025
Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification Introduction In In the Matter of Michelle EE. v....
Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown

Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown

Date: Feb 21, 2025
Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown Introduction In In the Matter of Lea R. Andersen v. Christopher...
Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases

Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases

Date: Feb 21, 2025
Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases Introduction In The People of the State of New...
Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary Judgment

Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary Judgment

Date: Feb 21, 2025
Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary...
Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search

Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search

Date: Feb 21, 2025
Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search Introduction In The People of the State of New York v. Brandon...
Clarifying the Standards for Vacatur Motions Under CPLR 5015(a): The Imperative of a Detailed and Credible Excuse

Clarifying the Standards for Vacatur Motions Under CPLR 5015(a): The Imperative of a Detailed and Credible Excuse

Date: Feb 19, 2025
Clarifying the Standards for Vacatur Motions Under CPLR 5015(a): The Imperative of a Detailed and Credible Excuse Introduction This commentary examines the recent decision in Kenneth R. Adams v. 161...
Establishing Jurisdictional Defects and Tolling the Statute of Limitations in CPLR Article 78 Proceedings

Establishing Jurisdictional Defects and Tolling the Statute of Limitations in CPLR Article 78 Proceedings

Date: Feb 19, 2025
Establishing Jurisdictional Defects and Tolling the Statute of Limitations in CPLR Article 78 Proceedings Introduction The case, In the Matter of Jennifer Coden v. Town of Huntington, represents a...
Affirmation of Informed Appeal Waivers and Discretionary Review of CPL 440.10 Motions in New York DWI Cases

Affirmation of Informed Appeal Waivers and Discretionary Review of CPL 440.10 Motions in New York DWI Cases

Date: Feb 19, 2025
Affirmation of Informed Appeal Waivers and Discretionary Review of CPL 440.10 Motions in New York DWI Cases Introduction In the case of The People of the State of New York, Respondent, v. Robert...
Affirmation of Derivative Severe Abuse Findings and Limitations on Reunification Efforts Under Family Court Act §1039-b

Affirmation of Derivative Severe Abuse Findings and Limitations on Reunification Efforts Under Family Court Act §1039-b

Date: Feb 19, 2025
Affirmation of Derivative Severe Abuse Findings and Limitations on Reunification Efforts Under Family Court Act §1039-b Introduction This judgment, rendered by the Supreme Court of New York, Second...
Premature Summary Judgment and the Imperative of Complete Discovery in Labor Law Injury Cases

Premature Summary Judgment and the Imperative of Complete Discovery in Labor Law Injury Cases

Date: Feb 19, 2025
Premature Summary Judgment and the Imperative of Complete Discovery in Labor Law Injury Cases Introduction The case of Michael Magistro v. New York City Housing Authority (2025 N.Y. Slip Op. 852)...
Retroactive Application of the Fraud Exception Standard in Rent Deregulation Cases

Retroactive Application of the Fraud Exception Standard in Rent Deregulation Cases

Date: Feb 19, 2025
Retroactive Application of the Fraud Exception Standard in Rent Deregulation Cases Introduction This judgment, rendered by the Supreme Court of New York, Second Department on February 13, 2025,...
Clarifying Employer Liability: New Precedents on Negligent Entrustment and Respondeat Superior in Personal Injury Litigation

Clarifying Employer Liability: New Precedents on Negligent Entrustment and Respondeat Superior in Personal Injury Litigation

Date: Feb 19, 2025
Clarifying Employer Liability: New Precedents on Negligent Entrustment and Respondeat Superior in Personal Injury Litigation Introduction The case of Syed Shah, et al. v. Runway Towing Corp....
Establishing the Causal Connection Threshold in Workers’ Compensation Claims: Insights from Angel A. Tudor v. Whitehall Central School District

Establishing the Causal Connection Threshold in Workers’ Compensation Claims: Insights from Angel A. Tudor v. Whitehall Central School District

Date: Feb 19, 2025
Establishing the Causal Connection Threshold in Workers’ Compensation Claims: Insights from Angel A. Tudor v. Whitehall Central School District Introduction The case of Angel A. Tudor v. Whitehall...
Establishing the Duty of Parental Planning and Diligence: Termination of Parental Rights for Permanent Neglect

Establishing the Duty of Parental Planning and Diligence: Termination of Parental Rights for Permanent Neglect

Date: Feb 19, 2025
Establishing the Duty of Parental Planning and Diligence: Termination of Parental Rights for Permanent Neglect Introduction The Judgment in the matter of Chiamaka B. O. (Anonymous) and Chioma G. O....
Affirming Authority in Mortgage Foreclosures: The Sufficiency of Pre-Closing Documentation under LLC Law

Affirming Authority in Mortgage Foreclosures: The Sufficiency of Pre-Closing Documentation under LLC Law

Date: Feb 19, 2025
Affirming Authority in Mortgage Foreclosures: The Sufficiency of Pre-Closing Documentation under LLC Law Introduction This commentary examines the Supreme Court of New York, Second Department’s...
New Precedent on the “Storm-in-Progress” Rule and Contractual Indemnification in Slip-and-Fall Cases

New Precedent on the “Storm-in-Progress” Rule and Contractual Indemnification in Slip-and-Fall Cases

Date: Feb 19, 2025
New Precedent on the “Storm-in-Progress” Rule and Contractual Indemnification in Slip-and-Fall Cases Introduction This commentary analyses the recent decision in Diane Venza v. Catholic Charities of...
New Standard in Discovery of Age Discrimination Evidence: Balancing Disclosure with Privacy Protections

New Standard in Discovery of Age Discrimination Evidence: Balancing Disclosure with Privacy Protections

Date: Feb 19, 2025
New Standard in Discovery of Age Discrimination Evidence: Balancing Disclosure with Privacy Protections Introduction The case of Johanna Ayres v. Bloomberg, L.P., et al. represents a significant...
Redefining Municipal Indemnification: Limiting Coverage for Employee Misconduct

Redefining Municipal Indemnification: Limiting Coverage for Employee Misconduct

Date: Feb 19, 2025
Redefining Municipal Indemnification: Limiting Coverage for Employee Misconduct Introduction The case of Lynne Sanderson-Burgess v. City of New York addresses a critical aspect of public employment...
Clarifying the Requirement of Actual and Ascertainable Damages in Legal Malpractice Claims: An Analysis of Neil McNaughton v. 5 West 14 Owners Corp.

Clarifying the Requirement of Actual and Ascertainable Damages in Legal Malpractice Claims: An Analysis of Neil McNaughton v. 5 West 14 Owners Corp.

Date: Feb 19, 2025
Clarifying the Requirement of Actual and Ascertainable Damages in Legal Malpractice Claims Introduction This commentary examines the landmark decision in Neil McNaughton, Plaintiff-Appellant, v. 5...
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