EDTPA Repeal Is Not Retroactive; Nursing Homes May Obtain CPLR 3211 Dismissal When Documentary Proof Establishes COVID-Response Immunity 1. Introduction In Byington v North Sea Assoc., LLC (2025 NY...
Smith v. Zama: Conflicting Expert Proof on Discharge Anticoagulation/Beta-Blocker Decisions Creates Triable Issues and Defeats Summary Judgment 1. Introduction Case: Smith v Zama, 2025 NY Slip Op...
Matter of Hattala: Undue Influence Objections Require Specific, Substantial Proof to Defeat Summary Judgment in Probate Introduction Matter of Hattala (Appellate Division, Third Department, Dec. 31,...
People v. Kadar: CPL 245.25 Plea-Offer Disclosure Obligations Attach Only When the Prosecution Makes the Plea Offer (Not When the Court Does) Court: Appellate Division, Third Department Date:...
A Single Erroneous Ground Does Not Invalidate a Nonresponsibility Determination Supported by Other Rational Bases: Commentary on Matter of Kapsch TrafficCom USA, Inc. v. Dominguez, 2025 NY Slip Op...
Mental Hygiene Law Article 10, Digital Contraband, and the Best Evidence Rule: Commentary on Matter of State of New York v. Justin Q. I. Introduction The decision in Matter of State of New York v....
Cota v. Adirondack Medical Center: Detailed Defense Expert Affidavits Required to Establish Lack of Causation in Misdiagnosis and Delayed-Treatment Malpractice Claims I. Introduction The Appellate...
Every Member Must Qualify: Combined Reporting and Qualified Emerging Technology Companies under New York Tax Law I. Introduction The Appellate Division, Third Department’s decision in Matter of...
Forensic Child Interviews, Hearsay, and Cross‑Examination Limits in Article 10 Proceedings: Commentary on Matter of Emily RR. (Daniel QQ.) I. Introduction The Appellate Division, Third Department’s...
Matter of Liam DD.: Reinforcing the Drug-Use Presumption of Neglect and Clarifying Appellate Limits for Nonappealing Parents I. Introduction The Appellate Division, Third Department’s decision in...
People v. Clark: Strategic Trial Choices, Presentence Reports, and Consecutive Sentencing for Weapon Possession I. Introduction Court: Appellate Division of the Supreme Court, Third Department (New...
People v Coffey (2025): Prejudice Is Irrelevant to CPL 30.30 Dismissal Based on a Defective Certificate of Compliance Under Former CPL 245.50 I. Introduction The Appellate Division, Third...
People v. Hoffman: Contact, Not Penetration, and Broad Trial-Court Discretion to Limit Defense Evidence in New York Child Sex-Abuse Trials I. Introduction People v. Hoffman, 2025 NY Slip Op 07247 (3d...
Balancing Pro Se Discovery Rights and Witness Safety in Gang‑Related Homicide Trials: Commentary on People v. Saunders I. Introduction The Appellate Division, Third Department’s decision in People v....
Yellin v. Revival Property Group, LLC: Pleading Fraud and Breach of Fiduciary Duty Against Undisclosed Dual Real Estate Agents I. Introduction The Appellate Division, Second Department’s decision in...
Shepherd v. Gallo Restaurant of Patchogue, LLC: Dram Shop Liability Beyond Premises Boundaries and the Limits of Duties Owed by Landowners and Security Contractors I. Introduction A. Background and...
Constructive Notice, Failure to Inspect, and Jury Deference in Premises Cases: Commentary on Selis v. Town of North Hempstead 1. Introduction Selis v. Town of North Hempstead, 2025 NY Slip Op 07326...
Morales v. 88th Avenue Owner, LLC: Overhead Sparks, Ordinary Construction Risks, and the Limits of Labor Law §240(1) and 12 NYCRR 23‑1.8(a) I. Introduction The Appellate Division, Second Department’s...
Specificity in Proving COVID‑19 Immunity and Strict Wrongful Death Limitation Periods: Commentary on Macru v. Shorefront Operating, LLC I. Introduction The Appellate Division, Second Department’s...
Hoisted Light Pole Bases as Elevation-Related Hazards: Kelly v. RBSL Realty, LLC and the Scope of Owner and Subcontractor Liability Under New York Labor Law 1. Introduction The Appellate Division,...