Reciprocal Discipline for Failure to Cooperate with Escrow Audits and Attorney Registration—Public Censure Mirrors Foreign Reprimand Case: Matter of Dunphy, 2026 NY Slip Op 01283 (App. Div. 1st Dep’t...
Reciprocal Disbarment for Intentional Escrow Misappropriation and Court-Related Dishonesty 1. Introduction Matter of Jeang (2026 NY Slip Op 01285 [1st Dept Mar. 5, 2026]) is a reciprocal-discipline...
Reciprocal Disbarment in New York When No 22 NYCRR 1240.13(b) Defense Is Shown and the Foreign Sanction Is Entitled to Deference Case: Matter of Ponder, 2026 NY Slip Op 01286 (App Div, 1st Dept Mar....
HALT Act’s Five-Day SHU Prehearing Deadline Is Directory—Preservation and Prejudice Govern Article 78 Challenges 1. Introduction Matter of Guerrero v. Martuscello (Appellate Division, Third...
Use Variance “Self-Created Hardship” May Be Rejected Based on Good-Faith Reliance on an Issued Building Permit 1. Introduction Matter of Nemeth v K-Tooling (2026 NY Slip Op 01254) is the latest...
Compelled Section 8 Participation as a Fourth Amendment Violation: Facial Invalidity of New York’s Source-of-Income Ban Where It Requires Blanket Consent to Searches 1. Introduction Matter of People...
People v. Daniels — Untested “Tie-Off” Bags May Support Possession-and-Intent Verdict Where a Contemporaneously Seized, Tested Chunk Confirms Cocaine and Circumstantial Proof Supports Inference 1....
Incompetency-Based Due Process Challenges Can Defeat Summary Judgment in Tax-Lien Quiet Title Actions Without Proof of Purchaser’s Knowledge 1. Introduction In BR Madison, LLC v McCord (2026 NY Slip...
Vacatur in the Interests of Substantial Justice for Court Mistake in Settlement Enforcement; CPLR 5524(b) Does Not Compel Dismissal Absent an Appellate Directive Introduction Brown-Wilks v Vornado...
Harrington v. Ortolani: No Individual Fiduciary-Duty or Defamation Liability in Condominium Disputes Without Particularized Pleading and a Cognizable Duty 1. Introduction In Harrington v Ortolani...
Executive Orders Toll the Child Victims Act Revival Window: 228-Day Extension to March 30, 2022 I. Introduction In Finley v Diocese of Brooklyn (2026 NY Slip Op 01183), the Appellate Division, Second...
Strict Performance of Express Conditions Precedent Bars Reconveyance—and Defeats Constructive-Trust Amendment—Despite Familial Context 1. Introduction Gates v Gates (Appellate Division, Second...
People v. Dean: Reversible Error When a Sworn Juror Is Discharged for Incapacity Without Meaningful Notice and an Opportunity to Be Heard Introduction In People v Dean (Appellate Division, Second...
Stepanov v. Five Borough Home Care: Class Certification in Wage Cases Requires Excluding Post-Commencement Hires Bound by Arbitration/Class Waivers; Live-In/Spread/Uniform Claims Often Too...
People v. Harris: Due Diligence Under CPL Article 245 Sustains a Certificate of Compliance Despite Later-Obtained Materials 1. Introduction In People v Harris (2026 NY Slip Op 01095 [3d Dept Feb. 26,...
People v. Norlite, LLC: The Green Amendment Does Not Authorize Mandamus to Compel DEC Enforcement or Permit Revocation Court: Appellate Division, Third Department (Feb. 26, 2026) | Citation: 2026 NY...
Matter of Cynque T.: Weight-of-the-Evidence Limits on Penal Law § 120.05(3) Where Injury Occurs During a Brief, Mutual Fight Appellate Division, First Department (Rodriguez, J.) • Decided February...
General “Further Relief” Clause Permits Court-Ordered Accounting; Unambiguous Governance Documents Control Dealership Management Despite Prior Agreements and Claimed Nonreview 1. Introduction Case:...
Primary Jurisdiction Limits: New York Courts Need Not Refer Common-Law Stray-Voltage Tort Claims to the Public Service Commission Case: Frasier v Niagara Mohawk Power Corp., 2026 NY Slip Op 01110 (3d...
P&A Record Access Under the DD Act Requires Individual Identification and a Statutory Disclosure Predicate Introduction Matter of Disability Rights N.Y. v State Justice Ctr. for the Protection of...