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New York Case Commentaries

Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble

Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble

Date: Nov 8, 2025
Post-Execution Conduct Can Create a Triable Issue of Confidential Relationship in Will Contests: Matter of Dibble Court: Appellate Division, Third Department (New York) Date: November 6, 2025...
LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation

LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation

Date: Nov 8, 2025
LHCSAs’ Compliance Duties Are Nondelegable: Managed Care Contracts Do Not Diminish Responsibility, and Operating During DOH Suspension Warrants Revocation Case Information Matter of Dunkez Private...
Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed

Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed

Date: Nov 8, 2025
Corroborated Hearsay and Forensic Findings Suffice as “Substantial Evidence” in SCR Expungement Challenges; Absolute Ban on Foster-Parent Corporal Punishment Reaffirmed Introduction This commentary...
Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement

Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement

Date: Nov 8, 2025
Supervisory Lapses as Fraud: Third Department Holds Broker’s Failure to Supervise Can Constitute “Fraudulent Practices” Under RPL § 441‑c, Independent of RPL § 442‑c’s Knowledge Requirement...
Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective

Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective

Date: Nov 8, 2025
Clarifying CPL 30.30 After Reindictment: Motion‑Practice Delays Remain Excludable Even When the First Indictment Is Jurisdictionally Defective Introduction In People v. Ferrara, 2025 NY Slip Op 06099...
CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered

CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered

Date: Nov 8, 2025
CPL 440.10 Actual Innocence Requires Live, Reliable Proof; Assigned Counsel Must Provide Meaningful Representation Once a Postconviction Hearing Is Ordered Introduction In People v. Nelson, 2025 NY...
Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages

Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages

Date: Nov 8, 2025
Professional Service Corporations’ Shareholder-Physician Compensation Is Recoverable as Lost Profits; Postbreach Earnings May Offset Damages Introduction In Radiation Oncology Servs. of Cent. N.Y.,...
Matter of Cavalier: Second Department Clarifies That Chronic Escrow Misuse and Commingling—Even Without Client Loss—Warrants a Two‑Year Suspension

Matter of Cavalier: Second Department Clarifies That Chronic Escrow Misuse and Commingling—Even Without Client Loss—Warrants a Two‑Year Suspension

Date: Nov 8, 2025
Matter of Cavalier: Second Department Clarifies That Chronic Escrow Misuse and Commingling—Even Without Client Loss—Warrants a Two‑Year Suspension Introduction In Matter of Cavalier (2025 NY Slip Op...
Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Diversified Building Co., LLC v. Nader Enterprises, LLC

Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Diversified Building Co., LLC v. Nader Enterprises, LLC

Date: Nov 7, 2025
Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Clarifying Tenant Defenses in Commercial Lease Disputes Introduction In Diversified Building Co., LLC...
Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension

Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension

Date: Nov 7, 2025
Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension Court: Appellate Division of the Supreme Court, Second Judicial Department (Per Curiam)...
Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 — Schollmeier v. Metropolitan Tr. Auth. (LIRR)

Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 — Schollmeier v. Metropolitan Tr. Auth. (LIRR)

Date: Nov 7, 2025
Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 —...
Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default

Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default

Date: Nov 7, 2025
Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default Introduction In Union Mut....
Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h)

Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h)

Date: Nov 1, 2025
Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h) Introduction In Matter of Ferretti v. New York State Division of...
Implicit Severance Bars CPLR 5501(a)(1) Review of a Prior Final Judgment; Easement Holders Cannot Obstruct Rights-of-Way by Parking

Implicit Severance Bars CPLR 5501(a)(1) Review of a Prior Final Judgment; Easement Holders Cannot Obstruct Rights-of-Way by Parking

Date: Nov 1, 2025
Implicit Severance Bars CPLR 5501(a)(1) Review of a Prior Final Judgment; Easement Holders Cannot Obstruct Rights-of-Way by Parking Introduction This commentary examines the Appellate Division, Third...
Pleading Actual-Intent UVTA Claims in New York: Third Department Aligns § 273(a)(1) with CPLR 3016(b), Permits Information‑and‑Belief Allegations with Factual Basis, and Rejects Affidavits as “Documentary Evidence” on CPLR 3211 Motions

Pleading Actual-Intent UVTA Claims in New York: Third Department Aligns § 273(a)(1) with CPLR 3016(b), Permits Information‑and‑Belief Allegations with Factual Basis, and Rejects Affidavits as “Documentary Evidence” on CPLR 3211 Motions

Date: Nov 1, 2025
Pleading Actual-Intent UVTA Claims in New York: Third Department Aligns § 273(a)(1) with CPLR 3016(b), Permits Information‑and‑Belief Allegations with Factual Basis, and Rejects Affidavits as...
People v. Demas: Passing “Superseding Indictment” References, Limited Juror–Witness Familiarity, and Minor Inaccuracies Do Not, Without More, Impair Grand Jury Integrity Under CPL 210.35(5)

People v. Demas: Passing “Superseding Indictment” References, Limited Juror–Witness Familiarity, and Minor Inaccuracies Do Not, Without More, Impair Grand Jury Integrity Under CPL 210.35(5)

Date: Nov 1, 2025
People v. Demas: Passing “Superseding Indictment” References, Limited Juror–Witness Familiarity, and Minor Inaccuracies Do Not, Without More, Impair Grand Jury Integrity Under CPL 210.35(5) Decision:...
People v. George: Deliberate Vehicular Assault Supports Inferences of Intent for Aggravated Animal Cruelty and Criminal Mischief; Strategic Rejection of an EED Defense Constitutes Effective Assistance

People v. George: Deliberate Vehicular Assault Supports Inferences of Intent for Aggravated Animal Cruelty and Criminal Mischief; Strategic Rejection of an EED Defense Constitutes Effective Assistance

Date: Nov 1, 2025
People v. George: Deliberate Vehicular Assault Supports Inferences of Intent for Aggravated Animal Cruelty and Criminal Mischief; Strategic Rejection of an EED Defense Constitutes Effective...
No Automatic Conflict from Out‑of‑County Brief‑Writing Relationship Between Defense Counsel and Prosecutor; Defendant Must Show the Potential Conflict Operated on the Defense

No Automatic Conflict from Out‑of‑County Brief‑Writing Relationship Between Defense Counsel and Prosecutor; Defendant Must Show the Potential Conflict Operated on the Defense

Date: Nov 1, 2025
No Automatic Conflict from Out‑of‑County Brief‑Writing Relationship Between Defense Counsel and Prosecutor; Defendant Must Show the Potential Conflict Operated on the Defense Commentary on People v....
People v. Riddick: DNA-Focused “Trace Evidence” Warrants, Public-Street Phone Seizures, and Expanded Use of Molineux and Opening-the-Door When Identity Is the Only Issue

People v. Riddick: DNA-Focused “Trace Evidence” Warrants, Public-Street Phone Seizures, and Expanded Use of Molineux and Opening-the-Door When Identity Is the Only Issue

Date: Nov 1, 2025
People v. Riddick: DNA-Focused “Trace Evidence” Warrants, Public-Street Phone Seizures, and Expanded Use of Molineux and Opening-the-Door When Identity Is the Only Issue Court: Appellate Division of...
Environmental Noncompliance as Material Breach: Subcontractor Barred from Payment and Bond Recovery; Surety’s Takeover with Reservation of Rights Upheld; No Judicial Estoppel Without Prior Success

Environmental Noncompliance as Material Breach: Subcontractor Barred from Payment and Bond Recovery; Surety’s Takeover with Reservation of Rights Upheld; No Judicial Estoppel Without Prior Success

Date: Nov 1, 2025
Environmental Noncompliance as Material Breach: Subcontractor Barred from Payment and Bond Recovery; Surety’s Takeover with Reservation of Rights Upheld; No Judicial Estoppel Without Prior Success...
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