New York Case Commentaries

Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children

Date: Feb 21, 2025

Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children Introduction In Matter of Christine EE....

State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration

Date: Feb 21, 2025

State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration Introduction In Clean Air Action Network of Glens Falls, Inc. v....

Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality

Date: Feb 21, 2025

Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality...

Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment

Date: Feb 21, 2025

18 NYCRR 518.5 and 519.5."> Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment Introduction In Garden of Eden Home, LLC,...

First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the Homeowner’s Exemption and May Be Liable as an Owner’s “Statutory Agent” Under Labor Law § 240(1)

Date: Feb 21, 2025

240(1), with analysis of ladder-collapse presumptions, sole proximate cause defense, and Labor Law § 200 supervisory control."> First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the...

County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel

Date: Feb 21, 2025

County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel Introduction In The People of the State of New York v. William Kent, 2025...

Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons

Date: Feb 21, 2025

Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons...

Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72

Date: Feb 21, 2025

Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72 Introduction In Dianne SS. v. Jamie TT., 2025 N.Y. Slip Op....

No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility Determinations

Date: Feb 21, 2025

No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility...

Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification

Date: Feb 21, 2025

Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification Introduction In In the Matter of Michelle EE. v....

Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown

Date: Feb 21, 2025

Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown Introduction In In the Matter of Lea R. Andersen v. Christopher...

Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases

Date: Feb 21, 2025

Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases Introduction In The People of the State of New...

Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary Judgment

Date: Feb 21, 2025

Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary...

Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search

Date: Feb 21, 2025

Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search Introduction In The People of the State of New York v. Brandon...

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New York Case Commentaries

Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children

State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration

Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality

Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment

First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the Homeowner’s Exemption and May Be Liable as an Owner’s “Statutory Agent” Under Labor Law § 240(1)

County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel

Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons

Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72

No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility Determinations

Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification

Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown

Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases

Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary Judgment

Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search

Clarifying the Standards for Vacatur Motions Under CPLR 5015(a): The Imperative of a Detailed and Credible Excuse

Establishing Jurisdictional Defects and Tolling the Statute of Limitations in CPLR Article 78 Proceedings

Affirmation of Informed Appeal Waivers and Discretionary Review of CPL 440.10 Motions in New York DWI Cases

Affirmation of Derivative Severe Abuse Findings and Limitations on Reunification Efforts Under Family Court Act §1039-b

Premature Summary Judgment and the Imperative of Complete Discovery in Labor Law Injury Cases

Retroactive Application of the Fraud Exception Standard in Rent Deregulation Cases