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  • Commentaries
  • Judgments

New York Case Commentaries

“Policy‑Type” Per‑Day Violations, State COVID Authority, and Nursing Home Oversight: Commentary on Matter of Rensselaer County DSS v. McDonald

“Policy‑Type” Per‑Day Violations, State COVID Authority, and Nursing Home Oversight: Commentary on Matter of Rensselaer County DSS v. McDonald

Date: Dec 14, 2025
“Policy‑Type” Per‑Day Violations, State COVID Authority, and Nursing Home Oversight: Commentary on Matter of Rensselaer County Dept. of Social Servs. v. McDonald I. Introduction The Appellate...
Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery

Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery

Date: Dec 14, 2025
Adelaar Developer, LLC v. ADCI Professional Corp., S.C.: No Trade‑Secret Predicate Needed for Model Confidentiality Orders Governing Use of Discovery I. Introduction This Third Department decision in...
Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R. (2025)

Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R. (2025)

Date: Dec 14, 2025
Joint Legal Custody, Domain-Specific Decision-Making, and Imputed Income in Shared Custody: Commentary on Leah R. v. Taylor R., 2025 NY Slip Op 06938 (3d Dept) I. Introduction This commentary...
Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber (2025)

Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber (2025)

Date: Dec 13, 2025
Surcharging Estate Counsel for Wasteful Litigation Strategy: Commentary on Matter of Estate of Ingber, 2025 NY Slip Op 06935 I. Introduction Matter of Estate of Ingber is a significant Surrogate’s...
People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4)

People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4)

Date: Dec 13, 2025
People v. Greene: Prolonged Child Abuse, a Single Fatal Blow, and Depraved Indifference Murder Under Penal Law § 125.25(4) I. Introduction In People v. Greene, 2025 NY Slip Op 06931 (3d Dept Dec. 11,...
Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole

Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole

Date: Dec 13, 2025
Counsel’s Authority to Waive Speedy Trial Rights and the Sufficiency of Incomplete Boykin Colloquies: Commentary on People v. Cole I. Introduction The Appellate Division, Third Department’s decision...

      Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: Commentary on People v. Gomez

Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: Commentary on People v. Gomez

Date: Dec 13, 2025
Mandatory Communicable Disease Reporting Does Not Create a Criminal-Case Exception to Physician–Patient Privilege: An In-Depth Commentary on People v. Gomez, 2025 NY Slip Op 06929 (3d Dept) I....
Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk

Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk

Date: Dec 13, 2025
Voluntariness of DWI-Drug Statements and Plea Withdrawal Amid Alleged Medical and Bail Coercion: Commentary on People v. Ouderkirk I. Introduction The Appellate Division, Third Department’s decision...
Pallet Jacks, Liftgates, and Conditional Indemnification: Refining Labor Law § 240(1) and Contractual Risk Transfer in Bordonaro v. E.C. Provini Co., Inc.

Pallet Jacks, Liftgates, and Conditional Indemnification: Refining Labor Law § 240(1) and Contractual Risk Transfer in Bordonaro v. E.C. Provini Co., Inc.

Date: Dec 12, 2025
Pallet Jacks, Liftgates, and Conditional Indemnification: Refining Labor Law § 240(1) and Contractual Risk Transfer in Bordonaro v. E.C. Provini Co., Inc. I. Introduction Bordonaro v. E.C. Provini...
Base-Date Vacancy Leases and Undisclosed Preferential Rents: Commentary on Matter of East Riv. Group, LLC v. DHCR

Base-Date Vacancy Leases and Undisclosed Preferential Rents: Commentary on Matter of East Riv. Group, LLC v. DHCR

Date: Dec 12, 2025
Base-Date Vacancy Leases and Undisclosed Preferential Rents: Commentary on Matter of East Riv. Group, LLC v. New York State Division of Housing and Community Renewal I. Introduction The Appellate...
Judicial Estoppel as a Bar to Standing in Investor-Fraud Actions: Commentary on Meisels v. Bernstein

Judicial Estoppel as a Bar to Standing in Investor-Fraud Actions: Commentary on Meisels v. Bernstein

Date: Dec 12, 2025
Judicial Estoppel as a Bar to Standing in Investor-Fraud Actions: Commentary on Meisels v. Bernstein I. Introduction The Appellate Division, Second Department’s decision in Meisels v. Bernstein, 2025...
Levine v. Pee Wee & Tyson, Ltd.: Appellate Clarification of Garden-Variety Emotional Distress and Attorney’s Fees Awards Under the NYCHRL After Default

Levine v. Pee Wee & Tyson, Ltd.: Appellate Clarification of Garden-Variety Emotional Distress and Attorney’s Fees Awards Under the NYCHRL After Default

Date: Dec 12, 2025
Levine v. Pee Wee & Tyson, Ltd.: Appellate Clarification of Garden-Variety Emotional Distress and Attorney’s Fees Awards Under the NYCHRL After Default I. Introduction Levine v. Pee Wee & Tyson,...
Fleurantin v. Fleurantin: Imputed Income, Statutory Deductions, and Equitable Distribution Following Annulment

Fleurantin v. Fleurantin: Imputed Income, Statutory Deductions, and Equitable Distribution Following Annulment

Date: Dec 12, 2025
Fleurantin v. Fleurantin: Imputed Income, Statutory Deductions, and Equitable Distribution Following Annulment 1. Introduction In Fleurantin v. Fleurantin, 2025 NY Slip Op 06847 (2d Dept Dec. 10,...
Cisco v. Verizon New York, Inc.: Consent-Based Utility Rights-of-Way as a Bar to Inverse Condemnation, Trespass, and Related Claims

Cisco v. Verizon New York, Inc.: Consent-Based Utility Rights-of-Way as a Bar to Inverse Condemnation, Trespass, and Related Claims

Date: Dec 12, 2025
Cisco v. Verizon New York, Inc.: Consent-Based Utility Rights-of-Way as a Bar to Inverse Condemnation, Trespass, and Related Claims I. Introduction In Cisco v. Verizon New York, Inc., 2025 NY Slip Op...
Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards

Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards

Date: Dec 8, 2025
Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards Commentary on Owens v New Empire Corp., 2025 NY Slip Op 06788 (1st...

    Confidentiality of Professional “Moral Character” Licensing Files Under FOIL:
    Commentary on Matter of Newsday LLC v. New York State Education Department

Confidentiality of Professional “Moral Character” Licensing Files Under FOIL: Commentary on Matter of Newsday LLC v. New York State Education Department

Date: Dec 8, 2025
Confidentiality of Professional “Moral Character” Licensing Files Under FOIL: Commentary on Matter of Newsday LLC v. New York State Education Department I. Introduction This commentary analyzes the...
From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation

From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation

Date: Dec 8, 2025
From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation I. Introduction The Appellate Division, Third Department’s decision...
Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady

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

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

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...
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