Spada v. Keeler Construction: Causation for Occupational Hearing Loss Must Be Anchored in Audiometric Pattern and Address Alternative Noise Exposures Court: Appellate Division of the Supreme Court,...
Plea “Satisfaction” Clauses Require Defendant to Prove the Predicate Burglary; No Sua Sponte DVSJA Hearing Absent Request Commentary on People v. Tenace, 2025 NY Slip Op 05552 (App Div 3d Dept Oct....
No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel Introduction This commentary examines the Appellate...
Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage Introduction In Brooklyn Tabernacle v. Thor 180 Livingston, LLC,...
Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York Introduction This commentary examines...
Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc. Introduction In...
Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp. Court: Appellate Division...
Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice...
Preconstruction Assurances by Building Officials Can Create a Pleaded Special Duty: Kitt v. Incorporated Village of Babylon Court: Appellate Division, Second Department, New York Date: October 8,...
Prenuptial Forum Selection Clauses Do Not Supply Jurisdiction for Non-Agreement Claims; Estate-Centered Claims May Be Dismissed on Forum Non Conveniens Comprehensive Commentary on Lesavoy v. Brady,...
Second Department Clarifies Remedies for Municipal Fire District Employees: Civil Service Law § 75-b Is the Exclusive Whistleblower Path; Labor Law §§ 215 and 193 Inapplicable; One-Year Limit Applies...
Practical Location Without Mistake: Former Fence Fixes Boundary; Necessary Parties and Laches Narrowly Applied — Manieri v. Ebers (2d Dep’t 2025) Introduction In Manieri v. Ebers (2025 NY Slip Op...
Clear Title Through Federal Forfeiture: Lender’s Failure to Petition Under 21 U.S.C. § 853(n) Extinguishes Mortgage and Bars Foreclosure Introduction In Midfirst Bank Federally Chartered Savings...
Sinclair v. City of New York: Interior–Exterior Location Mismatch in GML § 50‑e Notice Is a Substantive Defect Not Curable by § 50‑h; Amendment Must Be Denied on the Merits Court: Appellate Division,...
Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley Introduction In Moore v. Maley, 2025 NY...
Redistribution, Not Reversion: The Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds Introduction In O'Brien v. Sagbolt LLC, 2025 NY Slip Op 05280...
Course of Performance and Pandemic Rent Reductions Can Create Triable Issues of Oral Modification and Promissory Estoppel Despite No‑Oral‑Modification Clauses Introduction In 2261 Realty, LLC v. Cai...
Second Department Confirms Villages May Add MS4 Illicit-Discharge Cleanup Costs to the Tax Roll Without a Pre-Deprivation Hearing Introduction Matter of Harbourview Realty, LLC v. Village of Roslyn...
Second Department Clarifies: LLC Law § 414 Does Not Permit Majority Removal of Member-Managers in Member-Managed LLCs Absent Express Contractual Authority Case: Lengyel-Fushimi v. Bellis, 2025 NY...
No Duty Shift Without Proven Refusal: Conditional Consent Preserves Strict Liability Under NYC BC § 3309.4 Introduction In K.K. Machine Co., Inc. v. Grillo, 2025 NY Slip Op 05225 (App Div, 2d Dept...