Roth v. Velasquez: Plaintiff’s Expert Must Be Record-Grounded; No “Hindsight” Malpractice or Proximate Cause Against an ED Physician Who Properly Signed Out Care Introduction Roth v Velasquez (2026...
Reinstatement After Judiciary Law § 468-a Registration Suspension Requires Full Employment Disclosure and Verified Nonlegal Work 1. Introduction Matter: Matter of Attorneys in Violation of Judiciary...
Election of Article 15 Service Retirement Based on Non-DOCCS Employment Bars Later § 507-b Performance-of-Duty Disability Retirement 1. Introduction Matter of Mussaw v DiNapoli (2026 NY Slip Op...
Keypad Gates Across Express Access Easements May Be Enjoined When They Materially Impair the Easement Holder’s Accustomed Use Case: Venezia v. Luma, 2026 NY Slip Op 04897 (App Div 3d Dept Aug. 6,...
Construction Managers Seeking Labor Law § 200 Summary Judgment Must Negate Delegated Control and Constructive Notice 1. Introduction In Vasquez v 1719 27 ST, LLC (2026 NY Slip Op 04894 [2d Dept Aug....
Patterned Escrow Misappropriation, Willful Ignorance, and Personal Benefit Support a Five-Year Suspension (Matter of Kunstlinger) Case: Matter of Kunstlinger, 2026 NY Slip Op 04857 (App Div, 2d Dept,...
No Delegation Where Court Declines to Schedule Parental Access: “Permit the Children to Visit if They So Desire” Construed as a Protective Directive 1. Introduction Matter of Ghokassian v....
Matter of Galloway: Pattern of Client Neglect, Misrepresentation, and Noncooperation Warrants a Three-Year Suspension 1. Introduction Matter of Galloway (2026 NY Slip Op 04853) is an attorney...
Retiree Health-Insurance Contributions in Individual Employment Contracts: No Implied “Retire Directly From the District” or Durational Limitation Absent Contract Language Case: Krouskoff v...
Armstrong v. Dumbo Lofts Rental, LLC: No “Reliance” Showing Needed for Fraudulent Deregulation Scheme Claims; Conclusory Owner Proof Cannot Win Summary Judgment 1. Introduction Armstrong v Dumbo...
Foreclosure Judgments Reversed Where Referee’s Computations Rely on Unidentified, Unproduced Business Records 1. Introduction Bank of N.Y. Mellon v Prestia (2026 NY Slip Op 04735) is a Second...
Actual Knowledge Under GML § 50-e Requires Facts Supporting Municipal Liability—Not Mere Notice of an Accident Case: Matter of Card v Haverstraw-Stony Point Cent. Sch. Dist., 2026 NY Slip Op 04765...
Relation Back Allows Adding a Time-Barred Insurer Subrogation Plaintiff Where the Original Pleading Noticed the Same Occurrences 1. Introduction In 217 Trust v VIR Constr., Inc (2026 NY Slip Op 04824...
Summary Judgment for Breach of Contract Requires Prima Facie Proof of the Plaintiff’s Own Performance (and Cannot Be Cured by Reply Papers) 1. Introduction In International Bus. Machs. Corp. v Mullen...
Labor Law § 240(1) May Reach Falls on Permanent Stairways Used as Work Access (Including Lighting-Based Safety-Device Theories), and “Arising Out Of” Indemnity Is Triggered by Injury Tied to...
COVID Executive-Order Tolling Preserves Motion Deadlines; Fraud and Judiciary Law § 487 Claims Against Adversary Counsel Require Justifiable Reliance and Intent to Deceive Introduction In Williams v...
Automatic Surveillance Deletion Without Litigation Notice Bars CPLR 3126 Spoliation Sanctions; Unforeseeable Bar Assault Warrants Summary Judgment 1. Introduction Toal v DJB Tap, Inc. (2026 NY Slip...
Cannabis Law § 72 School-Setback Is a Statewide Ceiling: Municipalities May Not Expand the Distance or Alter Measurement for Licensed Dispensaries 1. Introduction In Matter of 1086 OCR, LLC v Town of...
General Release Bars Unknown Fraud Claims Absent “Separate Fraud”; Capital Contributions Do Not Create Shareholder Fiduciary Duties 1. Introduction Crane v. WP Strategic Holdings, LLC (2026 NY Slip...
Village Chief Executive May Unilaterally Agree to Accretion; Unit Clarification Cannot Be Used to Remove an Accreted Title as “Managerial” 1. Introduction Matter of Village of Monticello v AFSCME...