New York Case Commentaries

Probation-by-Negotiated Plea Agreement: Bare Forgery Claims and “I Didn’t Read It” Do Not Defeat Consecutive Probation Extending a DOC Officer’s At‑Will Status

Date: Mar 20, 2026

Probation-by-Negotiated Plea Agreement: Bare Forgery Claims and “I Didn’t Read It” Do Not Defeat Consecutive Probation Extending a DOC Officer’s At‑Will Status Introduction Matter of Ford v New York...

People v. Legrand (2026): Limits on SORA Risk-Factor Scoring for “Continuing Course,” “Failure to Accept Responsibility” During Direct Appeal, and Accessorial Theories

Date: Mar 20, 2026

People v. Legrand (2026): Limits on SORA Risk-Factor Scoring for “Continuing Course,” “Failure to Accept Responsibility” During Direct Appeal, and Accessorial Theories Court: Appellate Division,...

Portable Storage Extension Controls: Courts Will Not Recast Containers as “Structures” to Nullify a 90‑Day Coverage Limitation

Date: Mar 20, 2026

Portable Storage Extension Controls: Courts Will Not Recast Containers as “Structures” to Nullify a 90‑Day Coverage Limitation 1. Introduction Case: Eastside Floor Supplies, Ltd. v SCS Agency, Inc.,...

Ford v. Luckain: CPLR 1021 Dismissal Limits, Required Estate Notice, and Nullity of Motions Made for a Deceased Party

Date: Mar 20, 2026

Ford v. Luckain: CPLR 1021 Dismissal Limits, Required Estate Notice, and Nullity of Motions Made for a Deceased Party Court: Appellate Division of the Supreme Court, New York, Second Department Date:...

Actual Knowledge from Medical Records Can Support Nunc Pro Tunc Validation of a Late Notice of Claim Despite an Imperfect Excuse

Date: Mar 20, 2026

Actual Knowledge from Medical Records Can Support Nunc Pro Tunc Validation of a Late Notice of Claim Despite an Imperfect Excuse 1. Introduction In Kazeem v New York City Health & Hosps. Corp....

Undue Influence and Inter Vivos Trusts: Confidential-Relationship Evidence Can Defeat Summary Judgment; Trust Capacity Requires the Contractual Standard

Date: Mar 20, 2026

Undue Influence and Inter Vivos Trusts: Confidential-Relationship Evidence Can Defeat Summary Judgment; Trust Capacity Requires the Contractual Standard Case: Matter of Baird (Cardelli), 2026 NY Slip...

Best-Interests Dispositions May Require Sexual Orientation and Gender Identity Programming Following Failure-to-Plan Neglect

Date: Mar 20, 2026

Best-Interests Dispositions May Require Sexual Orientation and Gender Identity Programming Following Failure-to-Plan Neglect 1. Introduction Matter of Isaiah D. (Chinelle D.) (App. Div. 2d Dep’t Mar....

Scutari v. Drapala: Owners as Necessary Parties; No Exhaustion for “Noncompliance with Resolution” Claims; Construction-Phase Trespass Liability

Date: Mar 20, 2026

Scutari v. Drapala: Owners as Necessary Parties; No Exhaustion for “Noncompliance with Resolution” Claims; Construction-Phase Trespass Liability Court: Appellate Division, Second Department Date:...

CPLR 3215(c) in Foreclosure: Opposing a Late-Answer Motion Is Not a “Proceeding for Entry of Judgment”

Date: Mar 20, 2026

CPLR 3215(c) in Foreclosure: Opposing a Late-Answer Motion Is Not a “Proceeding for Entry of Judgment” 1. Introduction In U.S. Bank Trust N.A. v Valle (2026 NY Slip Op 01550), the Appellate Division,...

Early-Occupancy “License” Waivers of Rent Stabilization Are Void; Unauthorized Renewal Intervals Trigger Vacatur of Increases and a Rent Freeze Until Correct Registration

Date: Mar 19, 2026

Early-Occupancy “License” Waivers of Rent Stabilization Are Void; Unauthorized Renewal Intervals Trigger Vacatur of Increases and a Rent Freeze Until Correct Registration 1. Introduction In Grey v...

FAPA Retroactivity Does Not Nullify Attorney-Executed Tolling Stipulations Made in a Foreclosure Action (CPLR 2104; GOL § 17-105[5][b])

Date: Mar 19, 2026

FAPA Retroactivity Does Not Nullify Attorney-Executed Tolling Stipulations Made in a Foreclosure Action (CPLR 2104; GOL § 17-105[5][b]) I. Introduction In HSBC Bank USA, N.A. v Nicholas (2026 NY Slip...

WCL § 24(2) Fee Schedule Exclusivity: No Attorney’s Fees Based on WCL § 25 Late-Payment Charges

Date: Mar 19, 2026

WCL § 24(2) Fee Schedule Exclusivity: No Attorney’s Fees Based on WCL § 25 Late-Payment Charges Introduction Matter of Gonzalez v. Northeast Parent & Child Socy. (Ct App, Mar. 17, 2026) addresses the...

People v. Bender: Depraved Indifference in Erratic Multi-Collision Driving and Strict Enforcement of CPL 250.10 Psychiatric-Notice Requirements

Date: Mar 19, 2026

People v. Bender: Depraved Indifference in Erratic Multi-Collision Driving and Strict Enforcement of CPL 250.10 Psychiatric-Notice Requirements 1. Introduction In People v Bender (2026 NY Slip Op...

People v. Curry: Declaration of Delinquency Is the Exclusive Mechanism to Toll Probation; Courts Lack Jurisdiction After an Untolled Term Expires

Date: Mar 19, 2026

People v. Curry: Declaration of Delinquency Is the Exclusive Mechanism to Toll Probation; Courts Lack Jurisdiction After an Untolled Term Expires Introduction In People v Curry (2026 NY Slip Op...

People v. Jones — Corroboration Required for Mistaken-Identity Pursuit: Generic Description and Unattributed Flight Are Insufficient

Date: Mar 19, 2026

People v. Jones — Corroboration Required for Mistaken-Identity Pursuit: Generic Description and Unattributed Flight Are Insufficient Introduction In People v Jones (2026 NY Slip Op 01447), the New...

People v. Tyson: Waiting for Forensic Lab Confirmation Can Justify Pre‑Indictment Delay Under Taranovich, and SHU Confinement Does Not Automatically Establish “Extended Pretrial Incarceration”

Date: Mar 19, 2026

People v. Tyson: Waiting for Forensic Lab Confirmation Can Justify Pre‑Indictment Delay Under Taranovich, and SHU Confinement Does Not Automatically Establish “Extended Pretrial Incarceration” 1....

Reciprocal Interim Suspension in New York Based on Florida Emergency Suspension Absent 22 NYCRR 1240.13(b) Defenses (Matter of Hurckes)

Date: Mar 14, 2026

Reciprocal Interim Suspension in New York Based on Florida Emergency Suspension Absent 22 NYCRR 1240.13(b) Defenses (Matter of Hurckes) 1. Introduction Matter of Hurckes (2026 NY Slip Op 01408 [1st...

Matter of Worsell: Functional-Equivalent Compliance with Former 22 NYCRR 202.8-g and Limited Dead Man’s Statute Bar on Summary Judgment in Will Contests

Date: Mar 14, 2026

Matter of Worsell: Functional-Equivalent Compliance with Former 22 NYCRR 202.8-g and Limited Dead Man’s Statute Bar on Summary Judgment in Will Contests 1. Introduction In Matter of Worsell...

Fraud Pleading in Settlement Context: No Inference of Solvency Assurance from a “Settle-or-Bankruptcy” Statement

Date: Mar 14, 2026

Fraud Pleading in Settlement Context: No Inference of Solvency Assurance from a “Settle-or-Bankruptcy” Statement 1. Introduction Doe v Tobin & Dempf, LLP (Appellate Division, Third Department, Mar....

Agriculture and Markets Law § 305-a Does Not Preempt Local Retail-Sales Bans Outside Agricultural Districts or Based Only on Indirect Economic Effects

Date: Mar 14, 2026

Agriculture and Markets Law § 305-a Does Not Preempt Local Retail-Sales Bans Outside Agricultural Districts or Based Only on Indirect Economic Effects Introduction In Matter of City of New York v...