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New York Case Commentaries

Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Date: Apr 10, 2025
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule Introduction In Auquilla v. Villa (2025 NYSlipOp 02053), the Appellate Division, Second Department, addressed...
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Date: Apr 10, 2025
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice Introduction Mathura v. Makaryus, 2025 NY Slip Op 02063 (App. Div. 2d Dept. Apr. 9, 2025), arises from...
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Date: Apr 10, 2025
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance Introduction This commentary addresses the Appellate Division, Second Department’s decision in...
Reciprocal Public Censure for Out-of-State Attorney Misconduct

Reciprocal Public Censure for Out-of-State Attorney Misconduct

Date: Apr 9, 2025
Reciprocal Public Censure for Out-of-State Attorney Misconduct Introduction Matter of Martir (2025 NYSlipOp 02040) addresses the application of New York’s doctrine of reciprocal discipline where an...
Limitation of LLC Member Fiduciary Duties to Contractual Terms: 333 Johnson LLC v. Maple 333 Johnson Member, LLC

Limitation of LLC Member Fiduciary Duties to Contractual Terms: 333 Johnson LLC v. Maple 333 Johnson Member, LLC

Date: Apr 9, 2025
Limitation of LLC Member Fiduciary Duties to Contractual Terms 1. Introduction In 333 Johnson LLC v. Maple 333 Johnson Member, LLC (2025 NYSlipOp 02028), the New York Appellate Division, First...
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments

Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments

Date: Apr 4, 2025
Revival of Thornton–Grimm Fraud Analysis Under New Rent Stabilization Amendments Introduction Reichenbach v. Jacin Investors Corp. (2025 NY Slip Op 02023) is a landmark decision of the Appellate...
Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90

Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90

Date: Apr 4, 2025
Matter of Gillman: Federal Health Care Fraud as Serious Crime and Essential Similarity Analysis Under Judiciary Law §90 Introduction The Appellate Division of the Supreme Court of New York, Third...
Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures

Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures

Date: Apr 4, 2025
Retroactive Application of FAPA Bars Late Foreclosure Actions: Clarifying Limitations and Finality in Mortgage Foreclosures Introduction This commentary examines the Third Department’s decision in...
Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219

Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219

Date: Apr 4, 2025
Negligence Per Se and Proximate Cause in Highway Contamination under VTL § 1219 Introduction In Cole v. Triple M Excavating & Trucking LLC (2025 NYSlipOp 01994), the Appellate Division, Third...
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye

Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye

Date: Apr 4, 2025
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye Introduction Diop v. Gueye (2025 NYSlipOp 01992) addresses the equitable...
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students

Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students

Date: Apr 4, 2025
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students Introduction Cuomo v. State of New York (2025 NYSlipOp 01991) arises from a wrongful-death lawsuit brought by...
Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA

Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA

Date: Apr 4, 2025
Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA Introduction This commentary examines the Appellate Division’s decision in People v. Richardson (2025 NYSlipOp 01980),...
People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards

People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards

Date: Apr 4, 2025
People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards Introduction In People v. Henry (2025 NYSlipOp 01978), the Appellate Division, Third Department, addressed...
Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law

Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law

Date: Apr 4, 2025
Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law Introduction Mikesh v. County of Ulster, 2025 NYSlipOp 01987...
Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr

Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr

Date: Apr 4, 2025
Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr Introduction People v. Warr (2025 NYSlipOp 01979) is a landmark Third Department decision...
Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1): Hartrum v. Montefiore Hosp. Hous. § II Inc.

Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1): Hartrum v. Montefiore Hosp. Hous. § II Inc.

Date: Apr 4, 2025
Statutory Defendant Liability and Contractual Indemnity Under Labor Law §240(1) Introduction In Hartrum v. Montefiore Hospital Housing Section II Inc. (2025 NYSlipOp 02008), the Appellate Division,...
Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses

Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses

Date: Apr 4, 2025
Clarification of Contractor Liability for Undisclosed Hazardous Conditions and Scope of Indemnification Clauses Introduction Town of Colonie v. Global Contracting & Painting, Inc. (2025 NYSlipOp...
People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases

People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases

Date: Apr 4, 2025
People v Monk: Cumulative Counsel Errors as Grounds for Retrial in Credibility-Centered Sexual Assault Cases Introduction In People v Monk (2025 NYSlipOp 01976), the Appellate Division, Third...
Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin

Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin

Date: Apr 4, 2025
Ineffective Assistance: Failure to Object to Unauthorized Parole Testimony in People v. Franklin Introduction In People v. Franklin (2025 NYSlipOp 01975), the Appellate Division, Third Department,...
Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking

Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking

Date: Apr 4, 2025
Implementation of Social Services Law §367-a(9): Practitioner Dispensing Billing Clarification Exempt from Rulemaking Introduction Matter of North Shore Hematology-Oncology Assoc., P.C. v. New York...
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