Two-Year Suspension for Appellate Neglect, Client Noncommunication, and Misrepresentation of Timeliness—Aggravated by Attempted Inducement to Withdraw a Grievance I. Introduction Matter of Richard E....
Unauthorized Access to a Business’s Digital POS/Booking Account Can Support Trespass to Chattels and Tortious Interference (but Not GBL § 349 Absent Broad Consumer Impact) Introduction In Hello...
Tolling CPLR 3215(c) During CPLR 3408 Settlement Conferences in Mortgage Foreclosures Introduction In Bank of Am., N.A. v Keefer (2026 NY Slip Op 00231), the Appellate Division, Second Department...
Limits on Post-Divorce Fraud Attacks: CPLR 213(8) Discovery, No Faison Extension Beyond Forged Deeds, and Laches as a Backstop 1. Introduction In Jared V. v Nikki X. (Appellate Division, Third...
SaaS “Vendor Management System” Access Is a Taxable License to Prewritten Software When Software Is the Core of the Transaction 1. Introduction Matter of Beeline.Com, Inc. v State of N.Y. Tax Appeals...
Adverse Inference and SANE Injury Evidence Support Article 10 Sexual-Abuse Finding and Derivative Neglect Case: Matter of Addilyn I. (Richard I.), 2026 NY Slip Op 00174 (App Div, 3d Dept Jan. 15,...
Permanency-Goal Modification to “Free for Adoption” Upheld Where Reunification Efforts Were Reasonable and Parent’s Noncompliance Made Return Impossible; Due-Process Timing Claims Require...
CVA Revival Actions Are Not Barred by “Vested Rights” in Prior Federal Time-Bar Dismissals M.T. v Yeshiva Univ., 2026 NY Slip Op 00218 (App Div, 1st Dept Jan. 15, 2026) (Moulton, J.). 1. Introduction...
Cohen v. Cohen (1st Dep’t 2026): Releases and Litigation-Settlement Payments as Fraudulent Conveyances; Alter-Ego Theory Properly Pleaded by Alleged Diversion to Render a Judgment Pyrrhic 1....
Castillo v. Bikvan: Disputed Symptom Onset and Unaddressed Language Barriers Create Triable Issues Defeating Summary Judgment in ER Misdiagnosis Cases 1. Introduction In Castillo v Bikvan (2026 NY...
Hybrid Article 78/Declaratory Judgment Practice: An Order to Show Cause Cannot Substitute for a Summons, and Access-to-Proceedings Claims Sounding in Balancing Are Not Enforceable by Mandamus...
Education Law § 3035 Teacher-Clearance Denials Are Sustained When SED Applies Correction Law Article 23-A Factors; Post-Denial Certificates of Relief Do Not Retroactively Trigger the Rehabilitation...
Post-Plea DVSJA Hearing Testimony Triggering Sua Sponte Plea Inquiry (or Opportunity to Withdraw) Case: People v Brown-Shook, 2026 NY Slip Op 00172 (App Div 3d Dept Jan. 15, 2026) 1. Introduction...
Measured Delay Does Not Defeat the Emergency Exception to Warrantless Home Entry Case: People v Edwards, 2026 NY Slip Op 00171 (App Div, 3d Dept Jan. 15, 2026) 1. Introduction People v Edwards...
People v. Nymeen C.: A CPL 440.47(2)(d) “Dismissal Without Prejudice” Is an Appealable “Denial of Resentencing” Introduction In People v Nymeen C. (2026 NY Slip Op 00144), the Appellate Division,...
Public-Official Misuse of Authority as “Serious Crime” Misconduct Warrants Substantial Suspension; Remorse Not Established by Unsown Character Letters Alone (Matter of Richman) 1. Introduction Matter...
CPLR 3101(d) Expert Preclusion Requires Willfulness and Prejudice; Erroneous Preclusion Warrants a Damages-Only Retrial 1. Introduction Kela Tennis, Inc. v City of Mount Vernon (Appellate Division,...
CPLR 4401 and Attorney Fiduciary-Duty Claims: When Disputed Conflict, Knowledge, and Reliance Require a Jury Trial Introduction In Brennan v Vasquez (2026 NY Slip Op 00115), the Appellate Division,...
Hersko v. Hersko: Declaratory Relief Sounding in Fraud Is Time-Barred at Six Years; RPAPL Article 15 Forged-Deed Claims Run Ten Years; Oral Promises to Record a Mortgage Are Barred by the Statute of...
Negligent Loss of Surveillance Video: Adverse Inference (Not Defense-Nullifying Preclusion) as the Proportionate Spoliation Sanction I. Introduction Battle v Fulton Park Site 4 Houses, Inc. (2026 NY...