No-Contest Clause Reaches Trust Benefits: Second Department Affirms Forfeiture for Probate Objections and Clarifies Delivery-Over-Recording Rule for Deeds to Trusts Introduction In Matter of Austin,...
New York Affirms Unilateral, No‑Cause Partner Expulsion by Managing Partner and Automatic Loss of Affiliated LLC Membership: South Shore Eye Care, LLP v. Lane Introduction In South Shore Eye Care,...
UPHPA Good-Faith Negotiation Requires Consideration of RPAPL 993(9) Equities; Failure Mandates Dismissal Comprehensive Commentary on Laurelton Estates, LLC v. Prince, 2025 NY Slip Op 05226 (2d Dep’t...
Laches and Missing Proof Bar Post‑Satisfaction Attacks on Article 52 Enforcement; Renewal Requires Strict Justification Introduction This commentary examines the Appellate Division, Second...
Barron v. City of New York: Inspection and Routine Maintenance Outside Labor Law §§ 240(1) and 241(6); “Storm in Progress” Bars § 200/Common-Law Negligence; Defense-Cost Indemnification Claim...
No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act Patel v. Maybank Kim Eng Securities USA Inc., 2025 NY Slip Op 05194 (1st Dep’t...
No Initial Nonschedule Award, No Bar to SLU: Third Department Confirms SLU Eligibility and Retroactive Reopening Post‑Taher Case: Matter of Romero v. Akorn Inc., 2025 NY Slip Op 05128 (App Div, 3d...
Nexus-Based Duty for Off‑Campus Abuse and Pleading-Stage Punitive Damages in CVA School Cases: C.R. v. Episcopal Diocese of N.Y. Introduction In C.R. v. Episcopal Diocese of New York, 2025 NY Slip Op...
Express “Street and Sidewalk Appurtenance” Agreements Control Fixture Status: City Owns and May Remove Pike Plan Canopies Introduction In 306 Wall St. Owners, LLC v. City of Kingston, the Appellate...
No Guarantees Required: 90% Earnings Letters Satisfy “Reasonable Assurance” for Per Diem Substitutes under New York Labor Law § 590(10) Introduction In Matter of Caruso (Shenendehowa Cent. Sch....
Available, Unused Safety Devices Create Triable Issues Under Labor Law § 240(1) in Roof‑Hatch Falls; Conclusory Motions to Strike Affirmative Defenses Rejected Case: Blachowicz v. City of New York,...
Blank v. Acker: Emails and Revocable Wills Cannot Enforce Oral Promises to Devise Real Property; Lease Terms Defeat Unjust Enrichment; Subjective Performance Critiques Are Nonactionable Opinion...
GBL § 349, Article 36‑A, and Lien Law Article 3‑A Do Not Create an Independent Tort Duty for Contractors: Second Department Refines Pleading Boundaries in Home-Renovation Disputes Case: Kovalenko v....
When the Accident Itself Is in Dispute: Second Department Clarifies CPLR 4404(a) and Endorses Jury Instructions Allowing Non‑Occurrence Findings Introduction In Krohn v. Schultz Ford Lincoln, Inc.,...
Matter of Brody: Disbarment by Consent with Restitution Convertible to a Civil Judgment under Judiciary Law § 90(6-a) Introduction In Matter of Brody, 2025 NY Slip Op 05079 (Appellate Division,...
Consent Discipline for Neglect and Communication Failures: Second Department Affirms One‑Year Suspension and Underscores Bankruptcy Reporting Duties Matter of Mulhearn, 2025 NY Slip Op 05086 (App....
Misdemeanor Tax Fraud as a “Serious Crime” Meriting a Prospective Six‑Month Suspension: Matter of Ortega Court: Appellate Division of the Supreme Court, Second Department (Per Curiam) Decision Date:...
Only the CBA’s Named Parties May Demand Arbitration: Representative’s Signature Alone Does Not Confer Party Status Introduction In Matter of Village of Walden v. Teamsters Local Union No. 445, the...
Meikle v. Medcare, LLC: Permanent Disability Allegations Open HIV, Mental Health, and Substance-Use Records to Discovery, With Mandatory Public Health Law § 2785(3) Protections Introduction In Meikle...
People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required Introduction In People v. Reaves, 2025 NY Slip Op 05107 (App Div,...