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  • Commentaries
  • Judgments

New York Case Commentaries

Contextual Intimacy Under the Adult Survivors Act: Aguilar v. Wishner and the Scope of “Sexual or Other Intimate Parts”

Contextual Intimacy Under the Adult Survivors Act: Aguilar v. Wishner and the Scope of “Sexual or Other Intimate Parts”

Date: Dec 27, 2025
Contextual Intimacy Under the Adult Survivors Act: Aguilar v. Wishner and the Scope of “Sexual or Other Intimate Parts” I. Introduction In Aguilar v. Wishner, 2025 NY Slip Op 07265 (App Div 2d Dept),...
Constructive Notice, Imputed Knowledge, and School Liability for Teacher Sexual Abuse under New York’s Child Victims Act: Commentary on R.L. v. Holland Central School District

Constructive Notice, Imputed Knowledge, and School Liability for Teacher Sexual Abuse under New York’s Child Victims Act: Commentary on R.L. v. Holland Central School District

Date: Dec 27, 2025
Constructive Notice, Imputed Knowledge, and School Liability for Teacher Sexual Abuse under New York’s Child Victims Act Commentary on R.L. v. Holland Central School District, 2025 NY Slip Op 07178...
Unequivocal Invocations of the Right to Remain Silent and Novel MRTA Claims: Commentary on People v. Williams (2025)

Unequivocal Invocations of the Right to Remain Silent and Novel MRTA Claims: Commentary on People v. Williams (2025)

Date: Dec 27, 2025
Unequivocal Invocations of the Right to Remain Silent and Novel MRTA Claims: Commentary on People v. Williams (2025) 1. Introduction The Fourth Department’s decision in People v. Williams, 2025 NY...
Waiver of Appellate Review of Raise‑the‑Age Removal Determinations: Commentary on People v. Ogden (2025)

Waiver of Appellate Review of Raise‑the‑Age Removal Determinations: Commentary on People v. Ogden (2025)

Date: Dec 27, 2025
Waiver of Appellate Review of Raise‑the‑Age Removal Determinations: Commentary on People v. Ogden (2025) I. Introduction The Fourth Department’s decision in People v. Ogden, 2025 NY Slip Op 07153...
Discretionary EMS Non‑Transport Decisions as Immune Governmental Functions and Strict Expert-Affidavit Requirements in Medical Malpractice Summary Judgment: Commentary on Gumkowski v. Schwaab

Discretionary EMS Non‑Transport Decisions as Immune Governmental Functions and Strict Expert-Affidavit Requirements in Medical Malpractice Summary Judgment: Commentary on Gumkowski v. Schwaab

Date: Dec 27, 2025
Discretionary EMS Non‑Transport Decisions as Immune Governmental Functions and Strict Expert-Affidavit Requirements in Medical Malpractice Summary Judgment: Commentary on Gumkowski v. Schwaab I....
Wade v. County of Monroe: Counties’ Independent Duty to Maintain Safe Jails and Protect Inmates from Foreseeable Sexual Assault

Wade v. County of Monroe: Counties’ Independent Duty to Maintain Safe Jails and Protect Inmates from Foreseeable Sexual Assault

Date: Dec 27, 2025
Wade v. County of Monroe: Counties’ Independent Duty to Maintain Safe Jails and Protect Inmates from Foreseeable Sexual Assault I. Introduction Wade v. County of Monroe, 2025 NY Slip Op 07138 (4th...

        Collateral Oral Construction Agreements, Merger Clauses, and Alternative Quasi‑Contract Claims:
        Commentary on White Mgt. Corp. v. Mountain Mart 105, LLC

Collateral Oral Construction Agreements, Merger Clauses, and Alternative Quasi‑Contract Claims: Commentary on White Mgt. Corp. v. Mountain Mart 105, LLC

Date: Dec 27, 2025
Collateral Oral Construction Agreements, Merger Clauses, and Alternative Quasi‑Contract: A Commentary on White Mgt. Corp. v. Mountain Mart 105, LLC I. Introduction The Appellate Division, Fourth...
Reaffirming the Narrow Lopez Exception: People v Freeman on Equivocal Plea Allocutions and Coercion Claims

Reaffirming the Narrow Lopez Exception: People v Freeman on Equivocal Plea Allocutions and Coercion Claims

Date: Dec 27, 2025
Reaffirming the Narrow Lopez Exception: People v Freeman on Equivocal Plea Allocutions and Coercion Claims I. Introduction In People v Freeman, 2025 NY Slip Op 07125 (4th Dept Dec. 23, 2025), the...
People v Jacobs: Personal Causation and the Survival of Raise‑the‑Age Removal Challenges After Guilty Pleas

People v Jacobs: Personal Causation and the Survival of Raise‑the‑Age Removal Challenges After Guilty Pleas

Date: Dec 27, 2025
People v Jacobs: Personal Causation and the Survival of Raise‑the‑Age Removal Challenges After Guilty Pleas I. Introduction The Appellate Division, Fourth Department’s decision in People v Jacobs,...
Matter of Hernandez: Reciprocal Disbarment, Self‑Reporting Duties, and Supervisory Liability in Virtual Law Offices

Matter of Hernandez: Reciprocal Disbarment, Self‑Reporting Duties, and Supervisory Liability in Virtual Law Offices

Date: Dec 20, 2025
Matter of Hernandez: Reciprocal Disbarment, Self‑Reporting Duties, and Supervisory Liability in Virtual Law Offices I. Introduction The Appellate Division, First Department’s decision in Matter of...
Co‑Counsel Duties, Charging Liens, and Joint Contingency Fees: Commentary on Gelwan v. De Ratafia

Co‑Counsel Duties, Charging Liens, and Joint Contingency Fees: Commentary on Gelwan v. De Ratafia

Date: Dec 20, 2025
Co‑Counsel Duties, Charging Liens, and Joint Contingency Fees: A Comprehensive Commentary on Gelwan v. De Ratafia, 2025 NY Slip Op 07093 I. Introduction Gelwan v. De Ratafia (App Div 1st Dept, Dec....
Nusbaum v. 1455 Washington Avenue LLC: Unexplained Ladder Falls and the Presumption of Inadequate Protection under Labor Law § 240(1)

Nusbaum v. 1455 Washington Avenue LLC: Unexplained Ladder Falls and the Presumption of Inadequate Protection under Labor Law § 240(1)

Date: Dec 20, 2025
Nusbaum v. 1455 Washington Avenue LLC: Unexplained Ladder Falls and the Presumption of Inadequate Protection under Labor Law § 240(1) I. Introduction The Appellate Division, Third Department’s...
Contractor-Trustees May Not Use Later-Received Lien Law Article 3‑A Trust Funds to Reimburse Prior Advances: Commentary on L.C. Whitford Co., Inc. v. Babcock & Wilcox Solar Energy, Inc.

Contractor-Trustees May Not Use Later-Received Lien Law Article 3‑A Trust Funds to Reimburse Prior Advances: Commentary on L.C. Whitford Co., Inc. v. Babcock & Wilcox Solar Energy, Inc.

Date: Dec 20, 2025
Contractor-Trustees May Not Use Later-Received Article 3‑A Trust Funds to Reimburse Earlier Advances: Commentary on L.C. Whitford Co., Inc. v. Babcock & Wilcox Solar Energy, Inc. I. Introduction This...
Matter of Sherab X. v. Michelle Y.: Stability, Proof of Domestic Violence, and Limits on Expanding the Record in Custody Modifications

Matter of Sherab X. v. Michelle Y.: Stability, Proof of Domestic Violence, and Limits on Expanding the Record in Custody Modifications

Date: Dec 20, 2025
Matter of Sherab X. v. Michelle Y.: Stability, Proof of Domestic Violence, and Limits on Expanding the Record in Custody Modifications I. Introduction The Appellate Division, Third Department’s...
Marpe v. Tonoga, Inc.: Limiting Frye Hearings and Clarifying Expert Causation Standards in New York PFOA Toxic-Tort Litigation

Marpe v. Tonoga, Inc.: Limiting Frye Hearings and Clarifying Expert Causation Standards in New York PFOA Toxic-Tort Litigation

Date: Dec 20, 2025
Marpe v. Tonoga, Inc.: Limiting Frye Hearings and Clarifying Expert Causation Standards in New York PFOA Toxic-Tort Litigation I. Introduction The Appellate Division, Third Department’s decision in...
Procedural Safeguards for “Consent” Orders of Protection under Family Ct Act § 154‑c(3): Commentary on Matter of Casey Q. v. Jeffrey O.

Procedural Safeguards for “Consent” Orders of Protection under Family Ct Act § 154‑c(3): Commentary on Matter of Casey Q. v. Jeffrey O.

Date: Dec 20, 2025
Procedural Safeguards for “Consent” Orders of Protection under Family Ct Act § 154‑c(3): Commentary on Matter of Casey Q. v. Jeffrey O., 2025 NY Slip Op 07049 (3d Dept) I. Introduction This...
Statutory Right to Counsel Through the Dispositional Phase of Prison Disciplinary Hearings Under New York’s HALT Act: Commentary on Matter of Wingate v. Martuscello

Statutory Right to Counsel Through the Dispositional Phase of Prison Disciplinary Hearings Under New York’s HALT Act: Commentary on Matter of Wingate v. Martuscello

Date: Dec 20, 2025
Statutory Right to Counsel Through the Dispositional Phase of Prison Disciplinary Hearings Under New York’s HALT Act: Commentary on Matter of Wingate v. Martuscello I. Introduction In Matter of...
People v Fox: “Mediator” Requests, Mental Health, and the Voluntariness of Miranda Waivers

People v Fox: “Mediator” Requests, Mental Health, and the Voluntariness of Miranda Waivers

Date: Dec 20, 2025
People v Fox: “Mediator” Requests, Mental Health, and the Voluntariness of Miranda Waivers I. Introduction The Appellate Division, Third Department’s decision in People v Fox, 2025 NY Slip Op 07046...
People v Noble: Circumstantial Identification and Spontaneous Pre‑Miranda Statements in New York Criminal Practice

People v Noble: Circumstantial Identification and Spontaneous Pre‑Miranda Statements in New York Criminal Practice

Date: Dec 20, 2025
People v Noble: Circumstantial Identification and Spontaneous Pre‑Miranda Statements in New York Criminal Practice I. Introduction People v Noble, 2025 NY Slip Op 07043 (3d Dept Dec. 18, 2025), is a...
Lu v. Gamba: Constructive Trusts, Family Business Customs, and the Limits of Unclean Hands in New York Equity

Lu v. Gamba: Constructive Trusts, Family Business Customs, and the Limits of Unclean Hands in New York Equity

Date: Dec 20, 2025
Lu v. Gamba: Constructive Trusts, Family Business Customs, and the Limits of Unclean Hands in New York Equity I. Introduction The Appellate Division, Third Department’s decision in Lu v. Gamba, 2025...
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