New York Case Commentaries

Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady

Date: Dec 8, 2025

Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady I. Introduction In Matter of Koldin v. City of Schenectady, 2025...

Legislative Presumption of Exam Validity Limits Administrative Licensing‑Fraud Charges: Commentary on Matter of Moran v. McDonald

Date: Dec 8, 2025

Legislative Presumption of Exam Validity Limits Administrative Licensing‑Fraud Charges: Commentary on Matter of Moran v. McDonald I. Introduction The Appellate Division, Third Department’s decision...

Turner v. Quinones: Contractual Compliance and the Limits of Unjust Enrichment in FHA 203(k) Home Rehabilitation Disputes

Date: Dec 8, 2025

Turner v. Quinones: Contractual Compliance and the Limits of Unjust Enrichment in FHA 203(k) Home Rehabilitation Disputes I. Introduction Case: Turner v Quinones, 2025 NY Slip Op 06766 (App Div 3d...

Consent, Distance, and Equal Shared Custody: Relocation as a Factor in Initial Custody Determinations — Commentary on Matter of Brian Q. v. Allysa R.

Date: Dec 8, 2025

Consent, Distance, and Equal Shared Custody: Relocation as a Factor in Initial Custody Determinations — Commentary on Matter of Brian Q. v. Allysa R. Citation: Matter of Brian Q. v. Allysa R., 2025...

People v. Thibeault: Limiting Postconviction DNA Retesting and Defining Assigned Counsel’s Duties Under CPL 440

Date: Dec 8, 2025

People v. Thibeault (2025): Limits on Postconviction DNA Retesting and the Scope of “Meaningful Representation” in CPL 440 Proceedings I. Introduction In People v. Thibeault, 2025 NY Slip Op 06762...

People v. Gerhard: Constructive Firearm Possession, Discovery Due Diligence, and Speedy Trial Calculations under New York’s CPL 245 and 30.30

Date: Dec 8, 2025

People v. Gerhard: Constructive Firearm Possession, Discovery Due Diligence, and Speedy Trial Calculations under New York’s CPL 245 and 30.30 I. Introduction In People v. Gerhard, 2025 NY Slip Op...

People v. Cipriani: Mixed DNA “Major Contributor” Evidence and Sanitized Supervision Testimony as Sufficient Proof of Identity in Circumstantial Burglary Cases

Date: Dec 8, 2025

People v. Cipriani: Mixed DNA “Major Contributor” Evidence and Sanitized Supervision Testimony as Sufficient Proof of Identity in Circumstantial Burglary Cases I. Introduction The Appellate Division,...

Clarifying Voluntariness in the Parole Context and Substantial Compliance with CPL 400.20: Commentary on People v. Cipriani

Date: Dec 8, 2025

Clarifying Voluntariness in the Parole Context and Substantial Compliance with CPL 400.20: A Commentary on People v. Cipriani, 2025 NY Slip Op 06758 (3d Dept) I. Introduction The Appellate Division,...

People v. Mack: Broad Entitlement to a Justification Instruction and Reaffirmation of New York’s Ban on Cameras in the Courtroom

Date: Dec 8, 2025

People v. Mack: Broad Entitlement to a Justification Instruction and Reaffirmation of New York’s Ban on Cameras in the Courtroom I. Introduction The Appellate Division, Third Department’s decision in...

People v Rickett: Preservation of Legal Sufficiency Challenges, Limits on Appeal Waivers, and Strategic Nonuse of Alibi Evidence in New York Homicide Cases

Date: Dec 8, 2025

People v Rickett: Preservation of Legal Sufficiency Challenges, Limits on Appeal Waivers, and Strategic Nonuse of Alibi Evidence in New York Homicide Cases 1. Introduction The Appellate Division,...

Solis v. City of New York: Confiscated Medical Assistive Devices and the Summary Judgment Burden in Custodial Negligence Cases

Date: Dec 4, 2025

Solis v. City of New York: Confiscated Medical Assistive Devices and the Summary Judgment Burden in Custodial Negligence Cases I. Introduction The Appellate Division, First Department’s decision in...

Public Censure as the Standard Sanction for Non‑Venal, Multi‑Matter Neglect and Communication Failures: Commentary on Matter of Asher (2025 NY Slip Op 06651)

Date: Dec 4, 2025

Public Censure as the Standard Sanction for Non‑Venal, Multi‑Matter Neglect and Communication Failures: Commentary on Matter of Asher, 2025 NY Slip Op 06651 Appellate Division of the Supreme Court of...

Judicial Estoppel and Waiver-of-Subrogation Clauses: Subrogated Insurers Bound by Insured’s Prior Positions in Joined Proceedings (State Farm v. Dan Heller Plumbing & Heating, Inc.)

Date: Nov 29, 2025

Judicial Estoppel and Waiver-of-Subrogation Clauses: Subrogated Insurers Bound by Insured’s Prior Positions in Joined Proceedings I. Introduction State Farm Fire & Casualty Co. v. Dan Heller Plumbing...

Rothman v. Rothman: Realistic Economic Independence and Domestic-Violence-Related Maintenance in Long-Term Marriages

Date: Nov 29, 2025

Rothman v. Rothman: Realistic Economic Independence and Domestic-Violence-Related Maintenance in Long-Term Marriages I. Introduction The Appellate Division, Second Department’s decision in Rothman v....

Ramsay v. Garland: Statute of Frauds, “Rescue Deeds,” and the Survival of Constructive Trust and Equitable Mortgage Claims

Date: Nov 29, 2025

Ramsay v. Garland: Statute of Frauds, “Rescue Deeds,” and the Survival of Constructive Trust and Equitable Mortgage Claims I. Introduction The Appellate Division, Second Department’s decision in...

From Defamation to Discipline: Applying the Single Publication Rule to Public Employee Social Media Misconduct — Commentary on Matter of Pearl v. New York State Unified Court System

Date: Nov 29, 2025

From Defamation to Discipline: Applying the Single Publication Rule to Public Employee Social Media Misconduct — Commentary on Matter of Pearl v. New York State Unified Court System I. Introduction...

Pandemic Delay as “Good Cause” Under CPLR 2004 and Limits on Interest Tolling in Foreclosure: Commentary on HSBC Bank, USA, N.A. v. Santella

Date: Nov 29, 2025

Pandemic Delay as “Good Cause” Under CPLR 2004 and Limits on Interest Tolling in Foreclosure: Commentary on HSBC Bank, USA, N.A. v. Santella I. Introduction The Appellate Division, Second...

Heins v. Public Storage: Exclusive Special‑Proceeding Remedy for Challenging Self‑Storage Liens Under New York Lien Law § 182

Date: Nov 29, 2025

Heins v. Public Storage: Exclusive Special‑Proceeding Remedy for Challenging Self‑Storage Liens Under New York Lien Law § 182 I. Introduction Heins v. Public Stor., 2025 NY Slip Op 06605 (2d Dept...

Citibank, N.A. v. Vernikov: Enforcing Express Lender Discretion to Cancel a Commercial Line of Credit Despite a Recent Renewal Fee

Date: Nov 29, 2025

Citibank, N.A. v. Vernikov: Enforcing Express Lender Discretion to Cancel a Commercial Line of Credit Despite a Recent Renewal Fee I. Introduction In Citibank, N.A. v. Vernikov, 2025 NY Slip Op 06599...

Bartley v. Morgan: Res Judicata Effect of Partial Summary Judgment in Partition Actions and the Bar on Subsequent Adverse Possession Claims

Date: Nov 29, 2025

Bartley v. Morgan: Res Judicata Effect of Partial Summary Judgment in Partition Actions and the Bar on Subsequent Adverse Possession Claims I. Introduction In Bartley v. Morgan, 2025 NY Slip Op 06590...