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  • Commentaries
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New York Case Commentaries

The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements

The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements

Date: Feb 26, 2025
The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements Introduction In the case of The People & c., Respondent, v. Juan M. Silva Santos (2025 N.Y. Slip...
New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation

New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation

Date: Feb 26, 2025
New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation Introduction The Court of Appeals of New York, in the case of In the Matter of New York...
Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks

Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks

Date: Feb 26, 2025
Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks Introduction The case of The People & c., Respondent, v. Divine Fredericks, Appellant (2025 N.Y. Slip...
Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings

Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings

Date: Feb 25, 2025
Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings Introduction In this landmark case, the Supreme Court of New York, Third Department, addressed a family...
Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing

Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing

Date: Feb 25, 2025
Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing Introduction This Judgment, issued by the Supreme Court of New York, Third Department,...
Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions

Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions

Date: Feb 23, 2025
Enhanced Factual Pleading Requirements in Negligence Claims Against Educational Institutions Introduction In the case of John Doe v. Educational Institute Oholei Torah and Central Yeshiva Tomchei...
New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales

New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales

Date: Feb 23, 2025
New Precedent on Redemption Rights and Constitutional Takings in Tax Lien Sales Introduction This commentary examines the recent decision in County Acquisitions, LLC v. Katherine Lanser, 2025 N.Y....
Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C.

Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C.

Date: Feb 23, 2025
Legal Malpractice and the Summary Judgment Burden: Lessons from Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C. Introduction The case of Kliger-Weiss Infosystems, Inc. v. Ruskin...
Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases

Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases

Date: Feb 23, 2025
Establishing Clear Liability for Failure to Yield: A New Precedent on Summary Judgment and Comparative Negligence in Pedestrian Injury Cases Introduction The case of Umar Farooq v. Uber USA, LLC, et...
New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice

New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice

Date: Feb 23, 2025
New Precedent on Procedural Flexibility: Extensions of Time in New York Civil Practice Introduction The judgment titled “In the Matter of Applications for Extensions of Time (2025 N.Y. Slip Op....
Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests

Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests

Date: Feb 23, 2025
Establishing a New Standard for Termination of Parental Rights: Ensuring Diligent Efforts and the Child’s Best Interests Introduction In the case before the Supreme Court of New York, Second...
Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations

Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations

Date: Feb 23, 2025
Establishing Timely Filing Mandates: New Limitations on Breach of Fiduciary Duty Claims in Healthcare Integrations Introduction The judgment in John Berejka, etc. v. Huntington Medical Group, P.C.,...
Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims

Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims

Date: Feb 23, 2025
Clarifying Third-Party Liability Under CPLR 3211(a)(7): Requisites for Indemnification and Contribution Claims Introduction The judgment in the case of 25-86 41st Street, LLC v. Brian Chong; Reich &...
Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability

Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability

Date: Feb 23, 2025
Broadening the Protective Scope of Labor Law § 240(1): An Integrated Approach to Assessing Construction Activity Liability Introduction The case of Mark Traub v. Basketball City New York LLC et al....
New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions

New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions

Date: Feb 23, 2025
New Precedent on Timeliness and Service Completion Under CPLR 205-a in Foreclosure Actions Introduction In the case of Deutsche Bank National Trust Company, etc., v. Luz Zak, et al., a dispute arose...
Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default

Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default

Date: Feb 23, 2025
Establishing Trial Readiness and Timely Proceedings: New Precedent on Dismissal for Default Introduction The case of Wilfred Rivera v. Waterview Towers, Inc. represents a significant development in...
The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases

The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases

Date: Feb 23, 2025
The Renewal of Dismissal Motions: Applying Collateral Estoppel and Statute of Limitations in Professional Malpractice Cases Introduction The present Judgment in Trump Village Section 4, Inc. v....
Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law

Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law

Date: Feb 23, 2025
Clarifying Municipal Standing in Administrative Challenges: Limits under Navigation Law Introduction This Judgment emanates from a CPLR article 78 proceeding in which the Village of Huntington Bay...
Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety

Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety

Date: Feb 23, 2025
Extended Protection in Family Offense Proceedings: Affirming Aggravating Circumstances for Enhanced Safety Introduction The case of In the Matter of Lissete Nunez, appellant-respondent, v. Brian A....
Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases

Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases

Date: Feb 23, 2025
Affirmation of Substantial Evidence Standard in Chemical Test Refusal Cases Introduction This commentary examines the recent decision in In the Matter of Charles E. Ball, Jr., respondent, v. Mark J....
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