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  • Commentaries
  • Judgments

New York Case Commentaries

Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims

Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims

Date: Mar 11, 2025
Time-Barred Fraudulent Conveyances: Establishing Strict Discovery Deadlines in Debtor and Creditor Claims Introduction The case of In the Matter of Uni-Rty Corporation et al. v. New York Guangdong...
Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials

Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials

Date: Mar 11, 2025
Refining Miranda Custody and Evidentiary Weight in Sexual Abuse Trials Introduction This commentary examines the Supreme Court of New York, Third Department’s decision in The People of the State of...
Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage

Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage

Date: Mar 11, 2025
Equitable Subrogation and Mortgage Priority: Affirming the Seniority of the NYBDC Mortgage Introduction The case of Holtonb, LLC, as Assignee of New York Business Development Corporation, et al.,...
Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility

Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility

Date: Mar 11, 2025
Reaffirmation and Clarification of the Molineux Exception in Domestic Violence Evidence Admissibility Introduction In the case of The People of the State of New York, Respondent, v. Eric N. Deas,...
Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision

Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision

Date: Mar 11, 2025
Notice of Claim Compliance and Statutory Time-Bar Implications: The Aponte v. Town of Islip Decision Introduction In the recent decision of Nicholas Aponte, Plaintiff-Appellant, v. Town of Islip et...
Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions

Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions

Date: Mar 11, 2025
Clarifying Service Extensions Under CPLR 306-b: Tolling and the Interest of Justice in Medical Malpractice Actions Introduction The Judgment in Jason Stevens, Respondent, v. CG Ellis Corporation,...
Clarifying Physical Helplessness and Dwelling Status: New Standards in Sexual Assault and Burglary Cases

Clarifying Physical Helplessness and Dwelling Status: New Standards in Sexual Assault and Burglary Cases

Date: Mar 7, 2025
Clarifying Physical Helplessness and Dwelling Status: New Standards in Sexual Assault and Burglary Cases Introduction The case of The People of the State of New York, Respondent, v. Andrew Sturgill,...
Reaffirming the Integrity of DNA Evidence and Procedural Participation in Forensic Statistical Analysis

Reaffirming the Integrity of DNA Evidence and Procedural Participation in Forensic Statistical Analysis

Date: Mar 7, 2025
Reaffirming the Integrity of DNA Evidence and Procedural Participation in Forensic Statistical Analysis Introduction The case, The People of the State of New York, Respondent, v. Henry Huggins,...
Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases

Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases

Date: Mar 7, 2025
Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases Introduction In the case of The People of the State of New...
Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice

Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice

Date: Mar 5, 2025
Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice Introduction This commentary examines the Supreme Court of New York, Second Department’s recent decision in The...
Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications

Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications

Date: Mar 2, 2025
Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications Introduction In the case of Nunzio Pace, et al. v. Raymond F....
Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton

Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton

Date: Mar 2, 2025
Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton Introduction In the recent judgment rendered by the Supreme Court of New York, Second...
Clarifying Title Rights: The Recorded Easement for Maintenance of the Williamsburg Bridge

Clarifying Title Rights: The Recorded Easement for Maintenance of the Williamsburg Bridge

Date: Mar 2, 2025
Clarifying Title Rights: The Recorded Easement for Maintenance of the Williamsburg Bridge Introduction The judgment in Bikes by Olga, LLC v. People of the State of New York, et al. (2025 N.Y. Slip...
Ensuring Evidentiary Compliance in Foreclosure Proceedings: The Imperative of Proper Record Submission

Ensuring Evidentiary Compliance in Foreclosure Proceedings: The Imperative of Proper Record Submission

Date: Mar 2, 2025
Ensuring Evidentiary Compliance in Foreclosure Proceedings: The Imperative of Proper Record Submission Introduction The case of Deutsche Bank National Trust Company, etc., v. Alan Light, et al....
Reassessing Tax Classifications: Clarifying Errors of Law and Clerical Corrections in New York Real Property Taxation

Reassessing Tax Classifications: Clarifying Errors of Law and Clerical Corrections in New York Real Property Taxation

Date: Mar 2, 2025
Reassessing Tax Classifications: Clarifying Errors of Law and Clerical Corrections in New York Real Property Taxation Introduction The case under review, In the Matter of Richmond SI Owner, LLC v....
Strict Compliance with RPAPL 1304 and Dismissal Without Prejudice: Clarifying Conditions Precedent in Foreclosure Actions

Strict Compliance with RPAPL 1304 and Dismissal Without Prejudice: Clarifying Conditions Precedent in Foreclosure Actions

Date: Mar 2, 2025
Strict Compliance with RPAPL 1304 and Dismissal Without Prejudice: Clarifying Conditions Precedent in Foreclosure Actions Introduction This commentary examines the recent decision in Wells Fargo...
Evolving Interpretations of Casino Detainment Guidelines: The Bulletin 22 Precedent

Evolving Interpretations of Casino Detainment Guidelines: The Bulletin 22 Precedent

Date: Mar 2, 2025
Evolving Interpretations of Casino Detainment Guidelines: The Bulletin 22 Precedent Introduction The present Judgment in Pren Mrijaj v. Genting New York LLC, decided on February 25, 2025 by the...
The Integration of CPLR 5231(b) and CPLR 5226: Charting a New Course in Restitution and Income Execution

The Integration of CPLR 5231(b) and CPLR 5226: Charting a New Course in Restitution and Income Execution

Date: Mar 2, 2025
The Integration of CPLR 5231(b) and CPLR 5226: Charting a New Course in Restitution and Income Execution Introduction The judgment in Frieda Hamway, et al. v. Isaac Sutton, et al. represents a...
Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records

Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records

Date: Feb 26, 2025
Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records Introduction This Judgment, rendered by the Court of Appeals of New York on February 20, 2025,...
New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent

New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent

Date: Feb 26, 2025
New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent Introduction The judgment in Brittany N. Jones, & c.,...
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