Accrual, Privity, and Pleading in Successive-Counsel Malpractice: Coniglio v. Dansker & Aspromonte Associates Clarifies That a Consent to Change Attorney Starts the Limitations Clock and a Unilateral...
Dorman v. Luva of NY, LLC: Adverse Inference Required for Email Account Spoliation; Strict Relevance Standard for Nonparty Bank Subpoenas Introduction In Dorman v. Luva of NY, LLC, 2025 NY Slip Op...
No Unity-of-Interest Required to Add an Impleaded Party: Second Department Reaffirms Duffy Relation-Back Rule in Egelandsdal v. Massaro Court: Appellate Division of the Supreme Court, Second...
No Vacatur Without a Proven Reasonable Excuse: Mistaken Case Identity, Unsubstantiated Relocation, and Prior-Action Nondisclosure Rejected under CPLR 5015(a) — Sabo v. Eisenberg Court: Appellate...
Advocate–Witness Disqualification Narrowed; COVID-19 Filing Disruptions Are “Good Cause” to Extend CPLR 3212 Deadlines Comprehensive Commentary on Schmidt v. Capone, 2025 NY Slip Op 06206 (2d Dept....
Only Servicemembers May Vacate Default Judgments for Missing SCRA Affidavit; Inquest Required When Damages Are Not a Sum Certain Introduction In Tri-Rail Designers & Builders, Inc. v. Concrete...
FAPA’s Retroactive Bar on Unilateral De‑Acceleration Applies to Unenforced Foreclosure Judgments: U.S. Bank Trust, N.A. v. Miele Introduction In U.S. Bank Trust, N.A. v. Miele, 2025 NY Slip Op 06211...
FAPA Applies to Unenforced Foreclosure Judgments; Unilateral De‑Acceleration Cannot Revive the Statute of Limitations — US Bank N.A. v. Livoti Introduction This commentary analyzes the Appellate...
Premature College-Expense Orders and Equal Division of 529 Plans: Sun v. Zhou Clarifies Key Equitable-Distribution Rules Introduction In Wen Wen Sun v. Ti Zhou, 2025 NY Slip Op 06217 (App Div, 2d...
Separate “Plan B” Site Plans Require a Fresh SEQRA Hard Look or a Written Waiver; Minimal Discussion Is Insufficient, and OML Requires Media Notice Introduction In Matter of Bigelow v. Town of...
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 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 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...
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 Introduction In People v. Nelson, 2025 NY...
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 Introduction In Matter of Cavalier (2025 NY Slip Op...
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 Court: Appellate Division of the Supreme Court, Second Judicial Department (Per Curiam)...