Mootness Bars Permanent Injunction Where Challenged Work Is Abandoned and Replaced; CPLR 3217(b) Discontinuance Granted Absent Prejudice or Gamesmanship Case: Matter of Golden v Town Bd. of the Town...
Extensive Initial Discovery and Good‑Faith Supplemental Disclosures Sustain CPL 245 Compliance and CPL 30.30 Readiness Case: People v Jackson, 2026 NY Slip Op 00528 (App. Div. 2d Dep’t Feb. 4, 2026)...
Late Witness-List Updates Do Not Make a CPL 245 Certificate of Compliance “Illusory” Absent a Lack of Due Diligence I. Introduction People v James (2026 NY Slip Op 00406 [3d Dept Jan. 29, 2026]) is a...
Causation and “Serious Injury” Are Distinct Threshold Inquiries Under Insurance Law § 5102(d): Range-of-Motion Proof Cannot Cure a Causation Failure 1. Introduction Case: Fernandez v Sukhdeep, 2026...
Joint Legal Custody Must Be Restored Absent Record Proof That Coparenting Is Unworkable, Even Where Parenting-Time Disputes Support Modification 1. Introduction Matter of Alex Y. v Mindy X....
Chiriboga-Herrera v. Litt: Summary Judgment Denied Where Homeowner’s Exemption and Labor Law § 200 Theories Are Not Eliminated as a Matter of Law 1. Introduction In Chiriboga-Herrera v Litt (2026 NY...
Third Department Reaffirms: Treating Physicians Must Be Disclosed as Experts Under CPLR 3101(d)(1)(i) to Testify on Causation 1. Introduction Dewan-Zemko v Hunter Mtn. Ski Bowl, Inc. (2026 NY Slip Op...
“Termination” Under CPLR 205(a) and 205-a Occurs 30 Days After Service with Notice of Entry (Absent an Appeal) I. Introduction HSBC Bank USA, N.A. v Hillaire (2026 NY Slip Op 00353 [App Div 2d Dept...
Accounting-Expert Malpractice in Arbitration: Independent Professional Duty Supports CPLR 3211 Survival Introduction Janover, LLC v Smith (2026 NY Slip Op 00356 [2d Dept Jan. 28, 2026]) arises from a...
Strict Summary-Judgment Proof Required on Both Sides in RPTL 420-a Exemption Litigation: Conclusory Exemption Proof and Unsubstantiated Zoning-Violation Claims Both Fail Case: Matter of Congregation...
Matter of Damiano: Sanctions for Frivolous Trustee-Removal Petitions Require a “Reasonable Opportunity to Be Heard” on the Amount of Counsel Fees 1. Introduction Matter of Damiano (Appellate...
Driveway “Special Use” Sidewalk Liability Requires a Causal Nexus to the Defect (Even When the Owner-Occupied Exemption Bars § 7-210 Liability) I. Introduction Prete v JJ Hoyt LLC (2026 NY Slip Op...
Driveway “Special Use” Sidewalk Liability Requires a Defect Nexus to the Special Use (and Conclusory Experts Won’t Win Summary Judgment) 1. Introduction Prete v JJ Hoyt LLC (Appellate Division, First...
Sobiech v. Dillon: Incorporation-by-Estoppel and Reformation Save a Lease Signed in the Name of Nonexistent Entities Court: Appellate Division, Second Department (New York) Date: January 21, 2026...
Pergament v. GEICO: Relation-Back of Judiciary Law § 487 Claims and the Counsel-of-Record Limit on Nonlawyer Defendants 1. Introduction In Pergament v Government Employees Ins. Co. ("GEICO"), 2026 NY...
Purely Contractual Construction Defects: No Contribution; Indemnity Requires Vicarious Liability; Design-Professional Negligence Claims Accrue at Completion 1. Introduction Case: 450 Gin Lane SH, LLC...
Ramirez v. Issa: Striking Conclusory Affirmative Defenses, Policing Duplicative Counterclaims, and Allowing Faithless-Servant/Trade-Secret/Unfair-Competition Theories to Proceed at the Pleading Stage...
Ramirez v. Issa — Pleading Standards for Labor Law § 195, Conversion, and Defamation; and § 193 Liability for Unpaid Wages After the 2021 Amendment 1. Introduction Ramirez v Issa (2026 NY Slip Op...
People v. Hespinobarros: A Certificate of Compliance Remains Valid When Grand Jury Minutes Are Disclosed Upon Creation and Police Impeachment Material Is Reasonably Provided by Summary Where...
Affordable Senior Housing Qualifies as an IDA “Project” When Rationally Found to Promote Jobs and Prevent Economic Deterioration I. Introduction In Matter of Wyandanch Union Free Sch. Dist. v Town of...