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  • Commentaries
  • Judgments

New York Case Commentaries

Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c)

Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c)

Date: Mar 22, 2025
Permissibility of Concurrent Kinship Guardianship Petitions and Return-to-Parent Permanency Goals under Family Court Act § 661(c) Introduction In Matter of Nedia M. v. Ashley M. (2025 NYSlipOp...
Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions

Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions

Date: Mar 21, 2025
Automatic SORA Level 3 Override for Undisturbed Prior Felony Sex Convictions Introduction In People v. Moss (2025 NYSlipOp 01673), the New York Court of Appeals addressed whether the Sex Offender...
Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a

Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a

Date: Mar 21, 2025
Mandatory Biennial Attorney Registration and En Masse Suspension under Judiciary Law §468-a Introduction The Appellate Division of the Supreme Court, First Department, in Matter of Attorneys Who are...
Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints

Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints

Date: Mar 21, 2025
Commissioner’s Authority Under Agriculture and Markets Law §305-a Remains Intact Despite Pine Barrens Act Constraints Introduction In Matter of Town of Brookhaven v. Ball (2025 NYSlipOp 01686), the...
Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital

Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital

Date: Mar 21, 2025
Contractual Enforcement of COVID-19 Vaccination Policies via Broad Compliance Clauses: Colt v. Nathan Littauer Hospital 1. Introduction In Colt v. Nathan Littauer Hospital (2025 NYSlipOp 01690), the...
Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required

Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required

Date: Mar 21, 2025
Clarification of Fraud Exception in Rent Overcharge Actions: Reliance Not Required Introduction The New York Court of Appeals decision in Burrows v. 75-25 153rd St., LLC (2025 NYSlipOp 01669)...
Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent

Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent

Date: Mar 21, 2025
Continuous Reckless Driving as Depraved Indifference: People v. Bender Precedent Introduction The Appellate Division, Third Department of the Supreme Court of New York decided People v. Bender (2025...
Reasonable Maintenance Standard and Notice Requirement for Highway Safety: Englander v. State of New York

Reasonable Maintenance Standard and Notice Requirement for Highway Safety: Englander v. State of New York

Date: Mar 21, 2025
Reasonable Maintenance Standard and Notice Requirement for Highway Safety England­er v. State of New York, 2025 NYSlipOp 01685 Introduction In Englander v. State of New York, the Appellate Division,...
Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c)

Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c)

Date: Mar 21, 2025
Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c) Introduction In Matter of LL 410 E. 78th St. LLC v. Division of Housing & Community Renewal (2025 NYSlipOp 01672), the...
Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent

Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent

Date: Mar 21, 2025
Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent Introduction In Fossella v. Adams (2025 NYSlipOp 01668), decided March 20, 2025, the New York Court of Appeals addressed the...
Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief

Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief

Date: Mar 21, 2025
Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief Introduction Matter of Dourdounas v. City of New York, 2025 NYSlipOp 01671, is a landmark decision of the New York...
Adverse Possession by Unaware Cotenants under RPAPL 541

Adverse Possession by Unaware Cotenants under RPAPL 541

Date: Mar 21, 2025
Adverse Possession by Unaware Cotenants under RPAPL 541 Introduction Golobe v. Mielnicki, 2025 NYSlipOp 01670 (N.Y. Ct. App. Mar. 20, 2025), addresses a novel question under New York’s adverse...
Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims

Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims

Date: Mar 21, 2025
Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims Introduction People v. Phelps (2025 NYSlipOp 01680) arises from a 2012 shooting in which defendant...
Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a)

Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a)

Date: Mar 20, 2025
Intervention and Consolidation in Competing Real Property Encumbrance Actions: Rights under CPLR 1012(a)(3) and 602(a) Introduction Windward Bora, LLC (“Windward”) and Home Funds Direct (“Home...
Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612)

Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612)

Date: Mar 20, 2025
Fraud-Based Rescission of Release Agreements under the Child Victims Act: Gormley v. Marist Brothers (2025 NYSlipOp 01612) 1. Introduction In Gormley v. Marist Brothers of the Schools, Province of...
Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn

Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn

Date: Mar 20, 2025
Attorney Supervisory Responsibility for Trust Account Management in Remote Practice: Matter of Cohn Introduction Matter of Cohn, 2025 NY Slip Op 01627 (App. Div. 2d Dept. Mar. 19, 2025), is a...
Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA

Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA

Date: Mar 20, 2025
Local Zoning Discretion vs. State Coastal Erosion Regulations: Matter of 260 BC, LLC v. East Hampton ZBA Introduction The Appellate Division, Second Department’s decision in Matter of 260 BC, LLC v....
CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408

CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408

Date: Mar 20, 2025
CPLR 3215(c) Tolling Clarified: Mandatory Foreclosure Settlement Conferences Under CPLR 3408 Introduction This commentary examines the Second Department’s decision in Wilmington Savings Fund Society,...
Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 – U.S. Bank N.A. v. Singh

Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 – U.S. Bank N.A. v. Singh

Date: Mar 20, 2025
Non-Waivable Standing Defense and Sale Report Deadlines under RPAPL 1302-a & 1355 Introduction U.S. Bank N.A. v. Singh (2025 NYSlipOp 01664) is a Second Department decision clarifying two statutory...
Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes

Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes

Date: Mar 20, 2025
Clarification of CPLR 3211(a) Documentary-Evidence Standard and Debtor & Creditor Law Insolvency Requirements in Brokerage-Commission Disputes Introduction Silber Investment Properties, Ltd....
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