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  • Commentaries
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New York Case Commentaries

Court, Not Arbitrator, Decides Compliance with Pre‑Arbitration Conditions; One‑Year Claim Limit in Home‑Inspection Agreements Enforced at Pleading Stage

Court, Not Arbitrator, Decides Compliance with Pre‑Arbitration Conditions; One‑Year Claim Limit in Home‑Inspection Agreements Enforced at Pleading Stage

Date: Nov 1, 2025
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

Second Department Clarifies: Referee Reports Must Rest on Produced Business Records; RPAPL 1301(3) Defense Fails Absent Prejudice

Date: Nov 1, 2025
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)

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)

Date: Nov 1, 2025
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

Failure to Schedule Water-Meter Replacement Constitutes “Denial of Access” Under NYC Water Board Rate Schedule

Date: Nov 1, 2025
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

“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

Date: Nov 1, 2025
“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

Adverse Possession Under Color of Title Defeats Unprobated Remainder Interests; After-Acquired Title Extends Mortgage to Entire Premises

Date: Nov 1, 2025
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)

Pattern of Non‑Cooperation with the Attorney Grievance Committee and Persistent Registration Delinquency Warrant Interim Suspension under 22 NYCRR 1240.9(a)(3)

Date: Oct 30, 2025
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

USPTO Qualifies as a “Foreign Jurisdiction” for Reciprocal Discipline; First Department Tailors Sanction to New York Precedent for Outsourced Trademark Practice

Date: Oct 30, 2025
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: People v. Mower

Hearing Required Where a Plea May Have Been Influenced by Counsel’s Predictions of Future Legal Change and a Conditional Third‑Party Payment: People v. Mower

Date: Oct 30, 2025
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

No Enhanced Sentence for an Unstated Restitution Condition: Third Department Orders Specific Performance of Plea in People v. Nestler

Date: Oct 30, 2025
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...
Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation

Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation

Date: Oct 30, 2025
Part Performance at the Preliminary-Injunction Stage: Third Department Affirms Denial of Mandatory Relief Where the Parties’ Conduct Evidences Assent to a Lease Relocation Introduction In R. Kelly...
CPLR 5001 Does Not Expand a Surety’s Liability Beyond the Bond: No Prejudgment Interest Under Payment Bonds Limited to “Labor, Materials, and Equipment”

CPLR 5001 Does Not Expand a Surety’s Liability Beyond the Bond: No Prejudgment Interest Under Payment Bonds Limited to “Labor, Materials, and Equipment”

Date: Oct 30, 2025
CPLR 5001 Does Not Expand a Surety’s Liability Beyond the Bond: No Prejudgment Interest Under Payment Bonds Limited to “Labor, Materials, and Equipment” Introduction In Stone Cast, Inc. v. Couch,...
Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest

Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest

Date: Oct 27, 2025
Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest Court: Appellate Division of the Supreme Court, Second Department (Barros,...
Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions

Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions

Date: Oct 27, 2025
Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions Case: Matter of Cheryl LaBella...
Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission

Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission

Date: Oct 27, 2025
Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission Case: Matter of Germania of Poughkeepsie, Inc. v. Town of Poughkeepsie Citation: 2025...
People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts

People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts

Date: Oct 27, 2025
People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts Introduction In People v. Lewis (2025 NY Slip Op 05823), the...
IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or Educator Diversity

IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or Educator Diversity

Date: Oct 25, 2025
IntegrateNYC v. State of New York: Reaffirming Paynter—District‑Wide Input Deficiencies and Intentional Discrimination Required; No Constitutional Mandate for Culturally Responsive Curriculum or...
People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance

People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance

Date: Oct 25, 2025
People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance Introduction In People v. Fuentes, 2025 NY Slip...
Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: Commentary on People v. Hernandez

Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: Commentary on People v. Hernandez

Date: Oct 25, 2025
Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: People v. Hernandez Introduction In People v. Hernandez, 2025 NY Slip Op 05874 (Oct. 23,...
No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025)

No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025)

Date: Oct 25, 2025
No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025) Introduction In People v. Robinson, 2025...
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