Employer-of-Record Payroll Arrangements Do Not Defeat Special Employment; Workers’ Compensation Exclusivity Bars Negligence and Third-Party Claims Absent Grave Injury 1. Introduction Case: Samuel v...
Relation-Back Saves Insurer Subrogation Intervention and Procedural Defects May Be Cured in Reply: Steward v. Brooklyn Pier 1 Residential Owner, LP 1. Introduction Steward v Brooklyn Pier 1...
Troxler v Hampton: Owner’s VTL § 388 Liability May Be Summarily Established Despite Driver’s “No Contact” Defense, and Notices to Admit Cannot Demand Admissions Going to the Core Dispute 1....
Negligence Without Proximate Cause Sustained Where Jury Could Find Seat-Belt Nonuse: Limits on CPLR 4404(a) Relief Introduction In Chiloyan v Chiloyan (2026 NY Slip Op 00874), the Appellate Division,...
CPLR 2201 Stay Must Account for Surrogate’s-Court Appointment Delays; Proposed Answer Deemed Served Upon Appointment of a Personal Representative 1. Introduction Case: JPMorgan Chase Bank, N.A. v...
RPAPL 1304 Compliance Requires Proof of Subservicer Authority; Board Resolution Alone Is Insufficient (LNV Corp. v Almberg) 1. Introduction LNV Corp. v Almberg (2026 NY Slip Op 00886 [App Div, 2d...
Declaratory-Relief Challenges to ZBA Determinations Are Time-Barred by Town Law § 267-c(1) Where Article 78 Relief Was Available; Permit Applicant Is a Necessary Party and Relation-Back Requires...
Matter of Gold: A Presidential Pardon Does Not Erase the Conviction as a Basis for New York Attorney Discipline 1. Introduction Matter of Gold (Appellate Division, Second Department, Feb. 18, 2026)...
People v. Grant — Good-Cause Standard for Cold-Case Preindictment Delay After Leads Are Exhausted and DNA Evidence Is Later Activated Introduction People v Grant (2026 NY Slip Op 00910 [App Div, 2d...
Pleading-Stage Survival and Narrow Injunctive Relief for Overbroad Restrictive Covenants Where Trade Secrets Are Alleged Introduction In Premium Prods., Inc. v O'Malley (App Div, 2d Dept, Feb. 18,...
Imminent-Risk Maltreatment for Removing an Infant from a Domestic Violence Shelter to an Abuser’s Control (and the Limited Reach of Nicholson in OCFS Indicated-Report Review) 1. Introduction Matter...
People v. Moore: Prosecutorial Non-Preservation of Erlinger Inapplicability Bars Appellate Review of Recidivist-Sentencing Theory Court: Appellate Division, First Department Date: February 17, 2026...
Cruz v. Banks: 8 NYCRR 200.6(h)(4) Class-Size Categories Are Mutually Exclusive “Options” Requiring a CSE Selection Based on Student Need 1. Introduction In Cruz v Banks (2026 NY Slip Op 00821), the...
Matter of M.S. (M.H.): Reaffirming Strict Video Authentication in Family Court (Patterson Applied to Hacked/Third-Party “Found” Videos) 1. Introduction In Matter of M.S. (M.H.) (2026 NY Slip Op...
People v. Ambrosio: Counsel Not Ineffective for Failing to Seek an Unsettled, More Demanding “Drug Impairment” Jury Charge New York Court of Appeals (Cannataro, J.) — Feb. 17, 2026 — 2026 NY Slip Op...
“Impaired” Means “Impaired to Any Extent” Across VTL § 1192, Including Drugs and Combined Alcohol/Drugs 1. Introduction In People v Dondorfer (2026 NY Slip Op 00823), the New York Court of Appeals...
People v. Guerrero (2026): “Extraordinary Circumstances” Under Raise the Age Is a Totality-of-the-Circumstances, Discretionary Determination 1. Introduction In People v Guerrero (2026 NY Slip Op...
People v. Morel: Facial Sufficiency for VTL § 1192(4) Based on Recent Marijuana Use, Observable Symptoms, and Refusal of Drug Testing—Confined to the Four Corners 1. Introduction People v Morel (2026...
People v. Croney: Prehearing DVSJA Denials Are Appealable, but a Resentencing Hearing Requires Corroborated “Ongoing” Abuse with a Temporal Nexus to the Offense Court: Appellate Division, First...
Attorney Registration Compliance Extends to Law-Business Accounts Under Rule 1.15; Nonrefundable Fees Remain Per Se Void; Rule 1.4(a)(5) Requires Actual Knowledge — Matter of Shen Appellate Division,...