Duty-Centered “No New Theory” Rule in Medical Malpractice Summary Judgment: Pre‑Surgical Positioning as a Permissible Elaboration of a Pleaded Positioning Claim Case: Lopez v Millard Fillmore...
Hybrid CPLR Article 78/Declaratory Actions: Courts Must Not Apply Article 78 Summary Procedure to Declaratory Claims 1. Introduction Matter of AL Asphalt Corp. v. Town of Hamburg (2026 NY Slip Op...
“Intentional Absence” Authorizes Vice-Chair to Convene Party Organizational Meeting; Declaratory Claim Requires Declaration, Not Dismissal 1. Introduction Matter of Ment v Onondaga County Comm. of...
People v. Robinson: Trespass Affidavits Do Not Create Blanket Authority for De Bour Level-One Vehicle Approaches 1. Introduction In People v Robinson (2026 NY Slip Op 01693 [4th Dept Mar. 20, 2026]),...
Probable Cause Cannot Rest on an Equivocal Single-Photo Showup, and Prolonged Detention Cannot Be Justified by Repetitive, Suggestive “Do-Over” Identification Questioning 1. Introduction People v...
People v. Lewis: Conduct-Based Waiver of Effective Assistance of Counsel and Single-Act Bar to Consecutive Sentences for Dual Weapon-Possession Theories Court: New York Court of Appeals Citation:...
New York Cannabis Regulations Are Not CSA-Preempted Absent Mandated Federal-Law Violations and in Light of Federal Enforcement Tolerance Matter of Cannabis Impact Prevention Coalition, LLC v Hochul,...
PAR Authorization Is Not an Admission of Compensability; Speculative Medical Causation Cannot Establish a Consequential Injury Introduction Matter of Fleming v DOCCS Attica Corr. Facility (2026 NY...
People v. Billups: Consecutive Sentences for “Simple” Gun Possession Turn on Completed Possession (Dominion and Control), Not When Criminal Intent to Rob Was Formed 1. Introduction In People v...
Knight v. Family Energy Inc.: Inquiry Notice of Arbitration Requires Clear, Conspicuous Presentation of the Arbitration Term Itself I. Introduction In Knight v Family Energy Inc. (2026 NY Slip Op...
Neglect May Rest on a Rational Inference of Contemporaneous Narcotics Trafficking in a Child’s Presence Case: Matter of Alexia KK. (Isaac KK.) Citation: 2026 NY Slip Op 01567 (App Div 3d Dept Mar....
Due Process in WCL § 26-a Penalty Calculations: Rehearing Required When Assessment Is Set Post-Hearing Without Employer Input 1. Introduction In Matter of Cortez v Royal Stone Cabinet & Tile Inc....
Static-99R Methodology and Deference to Trial-Level Credibility Findings at the Article 10 Dispositional Phase 1. Introduction Matter of State of New York v Christopher GG. (App Div, 3d Dept, Mar....
18 NYCRR 360-7.5 Reimbursement Limited to Eligibility Errors/Delays—No Repayment for Post-CBIC Out-of-Pocket Home Care Caused by Provider Shortages 1. Introduction Matter of Tomei v McDonald...
People v. Devon Y.: DVSJA Resentencing Requires a Temporal Nexus of Ongoing Abuse/Relationship at the Time of the Offense, Not Merely Lingering Effects 1. Introduction People v Devon Y. (Appellate...
People v. Strange: Protracted Nasal Septum/Breathing Impairment Qualifies as “Serious Physical Injury” and Narrows “Temporary and Lawful” Firearm Possession Claims 1. Introduction In People v Strange...
Granath v. Monroe County — Police-Vehicle Red-Light Entry and Summary Judgment Under VTL § 1104: No Recklessness as a Matter of Law Despite No Siren/Horn, Policy Deviations, and Potentially...
People v. Henderson: Prior Drug Possession Is Inadmissible Molineux Evidence Absent a Logical, Issue-Specific Nexus; Step-One Relevance Is Reviewed De Novo I. Introduction People v Henderson (2026 NY...
People v Sabb: Consecutive Sentences After a Guilty Plea Require Separate-Act Facts in the Indictment Count(s) Pleaded to and/or the Plea Allocution—Not a Presentence Report I. Introduction In People...
FAA Preemption of New York Labor Law Strict-Liability Claims in In-Flight Helicopter Work; Negligence/Labor Law § 200 Survive via Substituted Federal Standard of Care Case: Fabia v Power Auth. of the...