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 Introduction In Union Mut....
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 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...
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...
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 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...
Court, Not Arbitrator, Decides Compliance with Pre‑Arbitration Conditions; One‑Year Claim Limit in Home‑Inspection Agreements Enforced at Pleading Stage Introduction This commentary examines the...
Second Department Clarifies: Referee Reports Must Rest on Produced Business Records; RPAPL 1301(3) Defense Fails Absent Prejudice Introduction In Citimortgage, Inc. v. Hassanin (2025 NY Slip Op...
Insurer’s Denial ≠ Breach of Procurement Duty; Ambiguous Releases Won’t Bar Third‑Party Indemnity: Grala v. Structural Preservation Systems, LLC (2d Dep’t 2025) Introduction This commentary analyzes...
Failure to Schedule Water-Meter Replacement Constitutes “Denial of Access” Under NYC Water Board Rate Schedule Introduction In Matter of 29-76 Realty Co., LLC v. New York City Water Board, 2025 NY...
“Appearance of Impropriety” Is a Constitutionally Definite Recusal Standard in Local Ethics Codes Commentary on Matter of Goldstein v. Village of Mamaroneck Board of Ethics, 2025 NY Slip Op 05950 (2d...
Adverse Possession Under Color of Title Defeats Unprobated Remainder Interests; After-Acquired Title Extends Mortgage to Entire Premises Introduction In Walters v. O'Quinn, 2025 NY Slip Op 05988 (App...
Pattern of Non‑Cooperation with the Attorney Grievance Committee and Persistent Registration Delinquency Warrant Interim Suspension under 22 NYCRR 1240.9(a)(3) Case: Matter of Biniakewitz, 2025 NY...
USPTO Qualifies as a “Foreign Jurisdiction” for Reciprocal Discipline; First Department Tailors Sanction to New York Precedent for Outsourced Trademark Practice Introduction This commentary examines...
Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment Commentary on People v. Mower, 2025 NY Slip Op 05851 (App...
No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler Introduction In People v. Nestler, 2025 NY Slip Op 05852 (App Div...