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  • Commentaries
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New York Case Commentaries

No Duty to Defend in Employer‑Initiated Inspector General Investigations under New York Public Officers Law § 18: Commentary on Matter of Khader v. City of Yonkers

No Duty to Defend in Employer‑Initiated Inspector General Investigations under New York Public Officers Law § 18: Commentary on Matter of Khader v. City of Yonkers

Date: Nov 20, 2025
No Duty to Defend in Employer‑Initiated Inspector General Investigations under New York Public Officers Law § 18: Commentary on Matter of Khader v. City of Yonkers, 2025 NY Slip Op 06321 (2d Dep’t)...
Judicial Non‑Delegation in Therapeutic Supervised Parenting Time: Commentary on Matter of McCook v. Delbrune

Judicial Non‑Delegation in Therapeutic Supervised Parenting Time: Commentary on Matter of McCook v. Delbrune

Date: Nov 20, 2025
Judicial Non‑Delegation in Therapeutic Supervised Parenting Time: Commentary on Matter of McCook v. Delbrune I. Introduction The Appellate Division, Second Department’s decision in Matter of McCook...
People v. Torres: Course-of-Investigation Testimony, Jury Note Procedure, and the Modern Harmless-Error Framework in New York Criminal Appeals

People v. Torres: Course-of-Investigation Testimony, Jury Note Procedure, and the Modern Harmless-Error Framework in New York Criminal Appeals

Date: Nov 20, 2025
People v. Torres: Course-of-Investigation Testimony, Jury Note Procedure, and the Modern Harmless-Error Framework in New York Criminal Appeals I. Introduction People v. Torres, 2025 NY Slip Op 06341...
Limits on Vacating Foreclosure Judgments After Trial Period Plans: Commentary on U.S. Bank Trust, N.A. v. Belizaire

Limits on Vacating Foreclosure Judgments After Trial Period Plans: Commentary on U.S. Bank Trust, N.A. v. Belizaire

Date: Nov 20, 2025
Limits on Vacating Foreclosure Judgments After Trial Period Plans: Commentary on U.S. Bank Trust, N.A. v. Belizaire I. Introduction This commentary examines the Appellate Division, Second...
CPLR 3211(a)(4) Deference to Sister‑State Wrongful‑Injunction Proceedings: Dissolution of the Injunction Does Not Defeat Dismissal for Another Action Pending

CPLR 3211(a)(4) Deference to Sister‑State Wrongful‑Injunction Proceedings: Dissolution of the Injunction Does Not Defeat Dismissal for Another Action Pending

Date: Nov 16, 2025
CPLR 3211(a)(4) Deference to Sister‑State Wrongful‑Injunction Proceedings: Dissolution of the Injunction Does Not Defeat Dismissal for Another Action Pending Case: 417 N. Comanche Street, LLC v....
Herman v. Judlau: No-Exhaustion Rule and Contractor-Only Liability for Prevailing-Wage Violations on NYC Public Works

Herman v. Judlau: No-Exhaustion Rule and Contractor-Only Liability for Prevailing-Wage Violations on NYC Public Works

Date: Nov 16, 2025
Herman v. Judlau: No-Exhaustion Rule and Contractor-Only Liability for Prevailing-Wage Violations on NYC Public Works Introduction In Herman v. Judlau Contracting, Inc., the Appellate Division, First...
First Department Clarifies: No CPLR 3408 Conference or CPLR 3215(c) Tolling in Estate-Representative Foreclosures; Filing an RJI Does Not Prevent Abandonment

First Department Clarifies: No CPLR 3408 Conference or CPLR 3215(c) Tolling in Estate-Representative Foreclosures; Filing an RJI Does Not Prevent Abandonment

Date: Nov 16, 2025
First Department Clarifies: No CPLR 3408 Conference or CPLR 3215(c) Tolling in Estate-Representative Foreclosures; Filing an RJI Does Not Prevent Abandonment Introduction In Municipal Credit Union v....
Regulatory Certainty over Speculation: DEC may finalize a complete SPDES renewal without reopening for an unripe compliance project; permittee‑initiated modification and compliance schedules are the proper vehicles

Regulatory Certainty over Speculation: DEC may finalize a complete SPDES renewal without reopening for an unripe compliance project; permittee‑initiated modification and compliance schedules are the proper vehicles

Date: Nov 16, 2025
Regulatory Certainty over Speculation: DEC may finalize a complete SPDES renewal without reopening for an unripe compliance project; permittee‑initiated modification and compliance schedules are the...
Moon v. County of Columbia (2025): Civil Service Law § 75(2) Representation Rights Do Not Attach to Neutral HR Fact-Finding, and Narrative Hearing Reports Can Suffice Without Charge-by-Charge Guilty Findings

Moon v. County of Columbia (2025): Civil Service Law § 75(2) Representation Rights Do Not Attach to Neutral HR Fact-Finding, and Narrative Hearing Reports Can Suffice Without Charge-by-Charge Guilty Findings

Date: Nov 16, 2025
Moon v. County of Columbia (2025): Civil Service Law § 75(2) Representation Rights Do Not Attach to Neutral HR Fact-Finding, and Narrative Hearing Reports Can Suffice Without Charge-by-Charge Guilty...
Accrual of Right of Sepulcher Requires Actual Awareness and Resulting Mental Anguish; Suspicion Alone Is Insufficient, and Notice-of-Claim Is Required When Municipal Indemnification Applies — Commentary on Bamonte v. Charatan

Accrual of Right of Sepulcher Requires Actual Awareness and Resulting Mental Anguish; Suspicion Alone Is Insufficient, and Notice-of-Claim Is Required When Municipal Indemnification Applies — Commentary on Bamonte v. Charatan

Date: Nov 15, 2025
Accrual of Right of Sepulcher Requires Actual Awareness and Resulting Mental Anguish; Suspicion Alone Is Insufficient, and Notice-of-Claim Is Required When Municipal Indemnification Applies — Bamonte...
Accrual, Privity, and Pleading in Successive-Counsel Malpractice: Coniglio v. Dansker & Aspromonte Associates Clarifies That a Consent to Change Attorney Starts the Limitations Clock and a Unilateral Belief Does Not Create Representation

Accrual, Privity, and Pleading in Successive-Counsel Malpractice: Coniglio v. Dansker & Aspromonte Associates Clarifies That a Consent to Change Attorney Starts the Limitations Clock and a Unilateral Belief Does Not Create Representation

Date: Nov 15, 2025
Accrual, Privity, and Pleading in Successive-Counsel Malpractice: Coniglio v. Dansker & Aspromonte Associates Clarifies That a Consent to Change Attorney Starts the Limitations Clock and a Unilateral...
Dorman v. Luva of NY, LLC: Adverse Inference Required for Email Account Spoliation; Strict Relevance Standard for Nonparty Bank Subpoenas

Dorman v. Luva of NY, LLC: Adverse Inference Required for Email Account Spoliation; Strict Relevance Standard for Nonparty Bank Subpoenas

Date: Nov 15, 2025
Dorman v. Luva of NY, LLC: Adverse Inference Required for Email Account Spoliation; Strict Relevance Standard for Nonparty Bank Subpoenas Introduction In Dorman v. Luva of NY, LLC, 2025 NY Slip Op...
No Unity-of-Interest Required to Add an Impleaded Party: Second Department Reaffirms Duffy Relation-Back Rule in Egelandsdal v. Massaro

No Unity-of-Interest Required to Add an Impleaded Party: Second Department Reaffirms Duffy Relation-Back Rule in Egelandsdal v. Massaro

Date: Nov 15, 2025
No Unity-of-Interest Required to Add an Impleaded Party: Second Department Reaffirms Duffy Relation-Back Rule in Egelandsdal v. Massaro Court: Appellate Division of the Supreme Court, Second...
No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg

No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg

Date: Nov 15, 2025
No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg Court: Appellate...
Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines — Commentary on Schmidt v. Capone (2025)

Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines — Commentary on Schmidt v. Capone (2025)

Date: Nov 15, 2025
Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines Comprehensive Commentary on Schmidt v. Capone, 2025 NY Slip Op 06206 (2d Dept....
Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain

Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain

Date: Nov 15, 2025
Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain Introduction In Tri-Rail Designers & Builders, Inc. v. Concrete...
FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele

FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele

Date: Nov 15, 2025
FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele Introduction In U.S. Bank Trust, N.A. v. Miele, 2025 NY Slip Op 06211...
FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti

FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti

Date: Nov 15, 2025
FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti Introduction This commentary analyzes the Appellate...
Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules

Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules

Date: Nov 15, 2025
Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules Introduction In Wen Wen Sun v. Ti Zhou, 2025 NY Slip Op 06217 (App Div, 2d...
Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice

Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice

Date: Nov 8, 2025
Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice Introduction In Matter of Bigelow v. Town of...
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