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  • Commentaries
  • Judgments

New York Case Commentaries

Accomplice Liability for Weapon Possession and Assault Without Proof of Actual Possession: Commentary on People v. Butts (2025)

Accomplice Liability for Weapon Possession and Assault Without Proof of Actual Possession: Commentary on People v. Butts (2025)

Date: Dec 20, 2025
Accomplice Liability for Weapon Possession and Assault Without Proof of Actual Possession: Commentary on People v. Butts (2025) I. Introduction The Appellate Division, Third Department’s decision in...
Typographical Address Errors and Prior Lost‑Note Affidavits in New York Mortgage Foreclosures: Commentary on Wells Fargo Bank, N.A. v. Ciurleo

Typographical Address Errors and Prior Lost‑Note Affidavits in New York Mortgage Foreclosures: Commentary on Wells Fargo Bank, N.A. v. Ciurleo

Date: Dec 20, 2025
Typographical Address Errors and Prior Lost‑Note Affidavits in New York Mortgage Foreclosures: Commentary on Wells Fargo Bank, N.A. v. Ciurleo I. Introduction The Appellate Division, Second...
Recommended Installer Networks as Physical Presence: Nexus, Scienter, and the Public Disclosure Bar under the New York False Claims Act — Commentary on State of New York ex rel. Fruchtman v. Tire Rack, Inc.

Recommended Installer Networks as Physical Presence: Nexus, Scienter, and the Public Disclosure Bar under the New York False Claims Act — Commentary on State of New York ex rel. Fruchtman v. Tire Rack, Inc.

Date: Dec 20, 2025
Recommended Installer Networks as Physical Presence: Nexus, Scienter, and the Public Disclosure Bar under the New York False Claims Act Commentary on State of New York ex rel. Fruchtman v. Tire Rack,...
Pleading-Stage Protection for Municipal Whistleblowers: Heinrichs v. Town of Brookhaven and the Threshold for Civil Service Law § 75‑b and § 1983 Retaliation Claims

Pleading-Stage Protection for Municipal Whistleblowers: Heinrichs v. Town of Brookhaven and the Threshold for Civil Service Law § 75‑b and § 1983 Retaliation Claims

Date: Dec 20, 2025
Pleading-Stage Protection for Municipal Whistleblowers: Heinrichs v. Town of Brookhaven and the Threshold for Civil Service Law § 75‑b and § 1983 Retaliation Claims I. Introduction Heinrichs v. Town...
Stored Construction Materials and Falling Objects Under New York Labor Law: Commentary on Guacho v. DLV Empire, LLC

Stored Construction Materials and Falling Objects Under New York Labor Law: Commentary on Guacho v. DLV Empire, LLC

Date: Dec 20, 2025
Stored Construction Materials and Falling Objects Under New York Labor Law: Commentary on Guacho v. DLV Empire, LLC I. Introduction The Appellate Division, Second Department’s decision in Guacho v....
Contractual Definition of Law-Firm Partnerships and Limits of CPLR 3211 Dismissals: Commentary on Epstein v. Cantor

Contractual Definition of Law-Firm Partnerships and Limits of CPLR 3211 Dismissals: Commentary on Epstein v. Cantor

Date: Dec 20, 2025
Contractual Definition of Law-Firm Partnerships and Limits of CPLR 3211 Dismissals: Commentary on Epstein v. Cantor, 2025 NY Slip Op 06990 (2d Dept) I. Introduction Epstein v. Cantor1 is a...
Epstein v. Cantor: Written Reclassification from Partner to Employee as Conclusive Documentary Evidence under CPLR 3211

Epstein v. Cantor: Written Reclassification from Partner to Employee as Conclusive Documentary Evidence under CPLR 3211

Date: Dec 20, 2025
Epstein v. Cantor: Written Reclassification from Partner to Employee as Conclusive Documentary Evidence under CPLR 3211 I. Introduction The decision in Epstein v. Cantor, 2025 NY Slip Op 06989 (2d...
Borrowers May Not First Challenge RPAPL 1304 Mailing Proof on Appeal: Commentary on Deutsche Bank Natl. Trust Co. v. Mone

Borrowers May Not First Challenge RPAPL 1304 Mailing Proof on Appeal: Commentary on Deutsche Bank Natl. Trust Co. v. Mone

Date: Dec 20, 2025
Borrowers May Not First Challenge RPAPL 1304 Mailing Proof on Appeal: Commentary on Deutsche Bank Natl. Trust Co. v. Mone 1. Introduction In Deutsche Bank Natl. Trust Co. v. Mone, 2025 NY Slip Op...
Aesthetic Architectural Review, Vagueness, and Land-Use § 1983 Claims in New York: Commentary on Ahmed v. Incorporated Village of Scarsdale

Aesthetic Architectural Review, Vagueness, and Land-Use § 1983 Claims in New York: Commentary on Ahmed v. Incorporated Village of Scarsdale

Date: Dec 20, 2025
Aesthetic Architectural Review, Vagueness, and Land-Use § 1983 Claims in New York: Commentary on Ahmed v. Incorporated Village of Scarsdale I. Introduction Ahmed v. Inc. Vil. of Scarsdale, 2025 NY...
People v. Smith: Defendant’s Evidentiary Buren on the “Unloaded / Not Readily Capable” Affirmative Defense to First‑Degree Robbery

People v. Smith: Defendant’s Evidentiary Buren on the “Unloaded / Not Readily Capable” Affirmative Defense to First‑Degree Robbery

Date: Dec 19, 2025
People v. Smith (2025): Defendant’s Burden to Prove a Displayed BB Gun Was Not “Readily Capable” of Causing Serious Injury in First‑Degree Robbery I. Introduction In People v. Smith, 2025 NY Slip Op...
No Contractual Right to a Zoning Vote: The Term Limits Doctrine in Hudson View Park Co. v. Town of Fishkill

No Contractual Right to a Zoning Vote: The Term Limits Doctrine in Hudson View Park Co. v. Town of Fishkill

Date: Dec 19, 2025
No Contractual Right to a Zoning Vote: The Term Limits Doctrine in Hudson View Park Co. v. Town of Fishkill I. Introduction In Hudson View Park Co. v. Town of Fishkill, 2025 NY Slip Op 07080 (Dec....
Rational-Basis Review and Proof of Primary Residence in Mitchell‑Lama Succession:
Commentary on Matter of Mantilla v. New York City Dept. of Housing Preservation & Development

Rational-Basis Review and Proof of Primary Residence in Mitchell‑Lama Succession: Commentary on Matter of Mantilla v. New York City Dept. of Housing Preservation & Development

Date: Dec 19, 2025
Rational-Basis Review and Proof of Primary Residence in Mitchell‑Lama Succession: Commentary on Matter of Mantilla v. New York City Dept. of Hous. Preserv. & Dev. I. Introduction The New York Court...
Limiting Contractual Indemnification to Injuries Arising from “Performance of the Work”: Commentary on Dibrino v. Rockefeller Center North, Inc.

Limiting Contractual Indemnification to Injuries Arising from “Performance of the Work”: Commentary on Dibrino v. Rockefeller Center North, Inc.

Date: Dec 19, 2025
Limiting Contractual Indemnification to Injuries Arising from “Performance of the Work”: A Commentary on Dibrino v. Rockefeller Center North, Inc., 2025 NY Slip Op 07077 I. Introduction In Dibrino v....
Directly Regulated Landowners and SEQRA Standing: Commentary on Matter of Seneca Meadows, Inc. v. Town of Seneca Falls

Directly Regulated Landowners and SEQRA Standing: Commentary on Matter of Seneca Meadows, Inc. v. Town of Seneca Falls

Date: Dec 18, 2025
Directly Regulated Landowners and SEQRA Standing: Commentary on Matter of Seneca Meadows, Inc. v. Town of Seneca Falls Citation: 2025 NY Slip Op 06961 (Ct App Dec. 16, 2025) Court: New York Court of...
State “Total Unemployment” Standards as a Predicate for CARES Act PUA Eligibility: Commentary on Matter of Klosterman

State “Total Unemployment” Standards as a Predicate for CARES Act PUA Eligibility: Commentary on Matter of Klosterman

Date: Dec 18, 2025
State “Total Unemployment” Standards as a Predicate for CARES Act PUA Eligibility: Commentary on Matter of Klosterman v. New York State Dept. of Corr. & Community Supervision I. Introduction In...

        Due Process, DMV Refusal Hearings, and the Duty to Enforce Subpoenas:
        Commentary on Matter of Monaghan v. Schroeder

Due Process, DMV Refusal Hearings, and the Duty to Enforce Subpoenas: Commentary on Matter of Monaghan v. Schroeder

Date: Dec 18, 2025
Due Process, DMV Refusal Hearings, and the Duty to Enforce Subpoenas: Commentary on Matter of Monaghan v. Schroeder I. Introduction In Matter of Monaghan v. Schroeder, 2025 NY Slip Op 06959 (Dec. 16,...
Extending the Ministerial Exception to New York Labor Law § 201‑d: Commentary on Sander v. Westchester Reform Temple

Extending the Ministerial Exception to New York Labor Law § 201‑d: Commentary on Sander v. Westchester Reform Temple

Date: Dec 18, 2025
Extending the Ministerial Exception to New York Labor Law § 201‑d: Commentary on Sander v. Westchester Reform Temple I. Introduction In Sander v. Westchester Reform Temple, 2025 NY Slip Op 06958...
Protected Activity and Arrest-Record Discrimination Under New York’s Human Rights Law: Commentary on Liebman v. Albany Medical Center

Protected Activity and Arrest-Record Discrimination Under New York’s Human Rights Law: Commentary on Liebman v. Albany Medical Center

Date: Dec 14, 2025
Protected Activity and Arrest-Record Discrimination Under New York’s Human Rights Law: Commentary on Liebman v. Albany Medical Center I. Introduction The Appellate Division, Third Department’s...
Unilateral Interstate Relocation and Joint Legal Custody: Matter of Chad V. v. Kristen V. and the Perils of Moving Without Consent

Unilateral Interstate Relocation and Joint Legal Custody: Matter of Chad V. v. Kristen V. and the Perils of Moving Without Consent

Date: Dec 14, 2025
Unilateral Interstate Relocation and Joint Legal Custody: Matter of Chad V. v. Kristen V. and the Perils of Moving Without Consent I. Introduction The Appellate Division, Third Department’s decision...
Substantive Due Process and the “Sexually Violent Offender” Label under SORA: Commentary on People v. Kelsey (2025)

Substantive Due Process and the “Sexually Violent Offender” Label under SORA: Commentary on People v. Kelsey (2025)

Date: Dec 14, 2025
Substantive Due Process and the “Sexually Violent Offender” Label under SORA: Commentary on People v. Kelsey, 2025 NY Slip Op 06945 (3d Dept) I. Introduction This commentary analyzes the Appellate...
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