New York Case Commentaries

Reciprocal Discipline for Unverified AI-Generated Court Filings: FRCP 11 Sanctions as New York Professional Misconduct

Date: Feb 14, 2026

Reciprocal Discipline for Unverified AI-Generated Court Filings: FRCP 11 Sanctions as New York Professional Misconduct 1. Introduction Matter of Zareh (2026 NY Slip Op 00619 [1st Dept Feb. 10, 2026])...

Workplace COVID-19 “Prevalence” Evidence Can Establish a Compensable Accident and Causally Related Death Under the Workers’ Compensation Law

Date: Feb 13, 2026

Workplace COVID-19 “Prevalence” Evidence Can Establish a Compensable Accident and Causally Related Death Under the Workers’ Compensation Law Introduction In Matter of Hogan v ABF Frgt. Sys., Inc....

Public Service Law § 170(1) Rehearing Deadlines Are Directory—Relief Requires Substantial Prejudice; Board May Clarify Certificate Terms and Preempt Local Limits Under Article 10

Date: Feb 13, 2026

Public Service Law § 170(1) Rehearing Deadlines Are Directory—Relief Requires Substantial Prejudice; Board May Clarify Certificate Terms and Preempt Local Limits Under Article 10 1. Introduction...

Administrative Disability Determinations May Stand on the Hearing Record Despite Known Unsubmitted Medical Records When the Applicant Had Full Opportunity to Offer Them

Date: Feb 13, 2026

Administrative Disability Determinations May Stand on the Hearing Record Despite Known Unsubmitted Medical Records When the Applicant Had Full Opportunity to Offer Them 1. Introduction Matter of...

Matter of Sposato — “Consulting” Is Still the Practice of Law: Suspended New York Attorneys (Even if Licensed Elsewhere) May Not Advise, Negotiate, or Hold Out as Counsel on New York Matters

Date: Feb 13, 2026

Matter of Sposato — “Consulting” Is Still the Practice of Law: Suspended New York Attorneys (Even if Licensed Elsewhere) May Not Advise, Negotiate, or Hold Out as Counsel on New York Matters 1....

Homeowners May Impeach the ORPTS Residential Assessment Ratio in SCAR: RPTL 1218 Does Not Bar Standing

Date: Feb 13, 2026

Homeowners May Impeach the ORPTS Residential Assessment Ratio in SCAR: RPTL 1218 Does Not Bar Standing I. Introduction Matter of Yeung v Assessor of the Vil. of Great Neck Estates (2026 NY Slip Op...

Designated-Premises Endorsements Require a Premises-Based (Not Merely Business-Based) Nexus for Coverage

Date: Feb 13, 2026

Designated-Premises Endorsements Require a Premises-Based (Not Merely Business-Based) Nexus for Coverage Case: Normile v DB Ins. Co., Ltd., 2026 NY Slip Op 00788 (App. Div. 2d Dep’t Feb. 11, 2026)...

Worob v Campbell: Chamber Officer Not a Public Figure; Defamation Claims Adequately Pleaded and Amendment Freely Allowed

Date: Feb 13, 2026

Worob v Campbell: Chamber Officer Not a Public Figure; Defamation Claims Adequately Pleaded and Amendment Freely Allowed 1. Introduction In Worob v Campbell (2026 NY Slip Op 00813), the Appellate...

Relocation Denied Absent Concrete Proof of Best-Interest Enhancements Under Tropea

Date: Feb 13, 2026

Relocation Denied Absent Concrete Proof of Best-Interest Enhancements Under Tropea (and “Fresh Start” Rationales Are Not Enough) 1. Introduction Matter: Matter of Villani v Wendig, 2026 NY Slip Op...

Mattison v. State of New York — Functional Renewal and a Low “Appearance of Merit” Threshold for Late Claims Under Court of Claims Act § 10(6)

Date: Feb 13, 2026

Mattison v. State of New York: Functional Renewal and a Low “Appearance of Merit” Threshold for Late-Claim Relief Under Court of Claims Act § 10(6) 1. Introduction In Mattison v State of New York,...

People v. Govan: Photo Array Similarity, “Blinded” Administration, and Record-Based Limits on Suppression Review

Date: Feb 13, 2026

People v. Govan: Photo Array Similarity, “Blinded” Administration, and Record-Based Limits on Suppression Review Court: Appellate Division, Fourth Department Date: February 11, 2026 Citation: 2026 NY...

People v Jones (2026 NY Slip Op 00664) Commentary

Date: Feb 13, 2026

Circumstantial Authentication of Social Media Messages Without Technical Proof (and Preservation Limits on “Jurisdictional” Indictment Challenges) Case: People v Jones, 2026 NY Slip Op 00664 (App Div...

People v. Welch: Summary DVSJA Dismissals “Without Prejudice” Are Appealable as Orders Denying Resentencing Under CPL 440.47(3)(a)

Date: Feb 13, 2026

People v. Welch: Summary DVSJA Dismissals “Without Prejudice” Are Appealable as Orders Denying Resentencing Under CPL 440.47(3)(a) Case: People v Welch, 2026 NY Slip Op 00700 (App Div, 4th Dept Feb....

Rogers v. DS Restoration: “Right-to-Control” Contractor Status and Ladder-Security Defects Preserve Labor Law §§ 240(1) and 241(6) Claims

Date: Feb 13, 2026

Rogers v. DS Restoration: “Right-to-Control” Contractor Status and Ladder-Security Defects Preserve Labor Law §§ 240(1) and 241(6) Claims Case: Rogers v DS Restoration & Residential Servs. Co., 2026...

Turner v. Voros — Code Compliance Plus Non-Speculative Causation Proof Supports Summary Judgment in a “No-Handrail” Fall

Date: Feb 13, 2026

Code Compliance Plus a Detailed Defense Expert Inspection—and Plaintiff’s Inability to Identify Cause—Can Warrant Dismissal of a No-Handrail Premises Claim Case: Turner v Voros Court: Appellate...

Defective Ladder, Not Electrical Shock, as the § 240(1) Proximate Cause When the Worker Is Not Propelled

Date: Feb 7, 2026

Defective Ladder, Not Electrical Shock, as the Labor Law § 240(1) Proximate Cause When the Worker Is Not Propelled Case: Szczesiak v Ery Tenant LLC, 2026 NY Slip Op 00600 (App Div, 1st Dept Feb. 5,...

Oversized-Load Trucking Is Not “Inherently Dangerous” (Without a Nonnegligent-Risk Showing): No Vicarious Liability for the Shipper/Dealer Hiring an Independent Carrier

Date: Feb 7, 2026

Oversized-Load Trucking Is Not “Inherently Dangerous” (Without a Nonnegligent-Risk Showing): No Vicarious Liability for the Shipper/Dealer Hiring an Independent Carrier 1. Introduction Deitrich v...

TRAC Lease-End Refunds Reduce “Consideration Contracted to Be Given” Under Tax Law § 1111(i)(B)

Date: Feb 7, 2026

TRAC Lease-End Refunds Reduce “Consideration Contracted to Be Given” Under Tax Law § 1111(i)(B): Accelerated Collection Is Permitted, but Over-Taxation Is Not 1. Introduction In Matter of Gelco Corp....

FAPA/CPLR 205-a Does Not Justify Renewal When Foreclosure Was Timely Filed; “Commencement” Is Filing, Not Service

Date: Feb 6, 2026

FAPA/CPLR 205-a Does Not Justify Renewal When Foreclosure Was Timely Filed; “Commencement” Is Filing, Not Service 1. Introduction Wilmington Trust, N.A. v Pacific St. Servs., Inc., 2026 NY Slip Op...

Conclusive FOIL Exemption Claims Fail: Agencies Must Provide Particularized Proof and Pay Fees When Denials Lack a Reasonable Basis

Date: Feb 6, 2026

Conclusive FOIL Exemption Claims Fail: Agencies Must Provide Particularized Proof and Pay Fees When Denials Lack a Reasonable Basis 1. Introduction Matter of Wagner v New York City Dept. of Health &...